England Convicted in Abu Ghraib Abuse
Case
Yahoo News/AP
September 26, 2005
FORT HOOD, Texas - Army Pfc. Lynndie England, whose smiling poses in photos
of detainee abuse at Baghdad's Abu Ghraib prison made her the face of the
scandal, was convicted Monday by a military jury on six of seven counts.
England, 22, was found guilty of one count of conspiracy, four counts of
maltreating detainees and one count of committing an indecent act. She was
acquitted on a second conspiracy count.
The jury of five male Army officers took about two hours to reach its
verdict. Her case now moves to the sentencing phase, which will be heard by the
same jury beginning Tuesday.
England tried to plead guilty in May to the same counts she faced this month
in exchange for an undisclosed sentencing cap, but a judge threw out the plea
deal. She now faces a maximum of nine years in prison.
England, wearing her dark green dress uniform, stood at attention Monday as
the verdict was read by the jury foreman. She showed no obvious emotion
afterward.
Asked for comment after the verdict, defense lawyer Capt. Jonathan Crisp
said, "The only reaction I can say is, 'I understand.'"
England's trial is the last for a group of nine Army reservists charged with
mistreating prisoners at Abu Ghraib in Iraq, a scandal that badly damaged the
United States' image in the Muslim world despite quick condemnation of the
abuse by President Bush. Two other troops were convicted in trials and the
remaining six made plea deals. Several of those soldiers testified at England's
trial.
Prosecutors used graphic photos of England to support their contention that
she was a key figure in the abuse conspiracy. One photo shows England holding a
naked detainee on a leash. In others, she smiles and points to prisoners in
humiliating poses.
The conspiracy acquittal came on a count pertaining to the leash incident;
she was found guilty of a maltreatment count stemming from the same
incident.
Beyond the sordid photos, prosecutors pointed to England's statement to Army
investigators in January 2004 that the mistreatment was done to amuse the U.S.
guards at Abu Ghraib.
"The accused knew what she was doing," said Capt. Chris Graveline, the lead
prosecutor. "She was laughing and joking. ... She is enjoying, she is
participating, all for her own sick humor."
Crisp countered that England was only trying to please her soldier
boyfriend, then-Cpl. Charles Graner Jr., labeled the abuse ringleader by
prosecutors.
"She was a follower, she was an individual who was smitten with Graner,"
Crisp said. "She just did whatever he wanted her to do."
England, from Fort Ashby, W.Va., has said that Graner, now serving a 10-year
sentence, fathered her young son.
The defense argued that England suffered from depression and that she has an
overly compliant personality, making her a heedless participant in the
abuse.
England's earlier attempt to plead guilty under a deal with prosecutors was
rejected by Col. James Pohl, the presiding judge. Pohl declared a mistrial
during the sentencing phase when testimony by Graner contradicted England's
guilty plea.
Graner, a defense witness at the sentencing, said pictures he took of
England holding a prisoner on a leash were meant to be used as a training aid.
In her guilty plea, England had said the pictures were being taken purely for
the amusement of Abu Ghraib guards.
Late Monday, Pohl rejected a request by Crisp to allow testimony during the
sentencing phase by an Army captain who has reported similar prisoner abuse by
other U.S. soldiers at a camp near Fallujah around the same time as the Abu
Ghraib incidents.
Crisp said testimony by Capt. Ian Fishback would provide evidence of a
command breakdown in Iraq that might have led England and other soldiers to
think detainee mistreatment was condoned by military leaders.
But the judge ruled that he saw no proof that the two abuse situations were
related, or that abuse elsewhere would in any way lessen the blame England
might deserve for Abu Ghraib.
Pohl also ruled that prosecutors could use part of a deposition by Brig.
Gen. Mark Kimmitt, a senior officer in Iraq when the Abu Ghraib abuse took
place, in which Kimmitt said England's conduct threatened the U.S. military
mission in Iraq.
|