WP/AP: Hearing Recesses in England Case (photos not in evidence?)

[DeepModem Mom]

This is a very brief article in the WP. The photos were not accepted as evidence?


Hearing Recesses in England Case
Associated Press
Sunday, August 8, 2004; Page A10


FORT BRAGG, N.C., Aug. 7 -- The pretrial hearing for a soldier photographed with naked Iraqi prisoners recessed Saturday without a ruling on whether Vice President Cheney and other high-ranking administration officials must testify -- and without the photos being accepted into evidence.

Military judge Col. Denise Arn recessed the Article 32 hearing for Pfc. Lynndie R. England until she reviews defense requests to call dozens of witnesses, including Cheney, Defense Secretary Donald H. Rumsfeld and top Army generals.

"It is my intent to complete this investigation as soon as possible," Arn told attorneys. Defense attorney Richard Hernandez said the case could resume the week of Aug. 30....


http://www.washingtonpost.com/wp-dyn/articles/A48711-2004Aug7.html


ON EDIT: Adding LAT --

England's Hearing Stalls on Request for Witnesses
The soldier's defense team wants to show that prisoner abuse in Iraq was approved higher up.

By Richard A. Serrano, Times Staff Writer

FT. BRAGG, N.C. — The hearing into whether Army Lynndie England should be court-martialed in the Abu Ghraib scandal was abruptly postponed late Saturday afternoon after defense attorneys argued that another prison guard should be allowed to testify that military intelligence officers sponsored and carried out much of the abuse at the Iraqi prison.

England's lawyers also asked to present dozens of other defense witnesses, including Vice President Dick Cheney, members of the Army high command and two officers who ran the military intelligence operation at Abu Ghraib. The defense hopes to show that the torture and humiliation of detainees was condoned under the orders of military interrogators.

Col. Denise Arn, the Army investigating officer who is hearing the case and will recommend whether England should be court-martialed, said she needed more time to review the government's case and decide which, if any, of the defense witnesses she would hear when the session reconvenes.

It is unlikely she will allow many of the witnesses on the defense wish list, but there is a good likelihood that she will indulge the defense as it tries to spread much of the blame for the scandal up the Army's ranks....

http://www.latimes.com/news/nationworld/nation/la-na-lynndie8aug08,1,2641336.story?coll=la-home-nation

[DeepModem Mom]

1. Posted very early -- hearing has been "abruptly postponed"....

photos not in evidence: what's going on here?

[uncle ray]

2. i think it was discussed here many moths ago

about digital photos not being as trustworthy as actual film photos, because there is no way to know that the digital image has not been altered?

[daleo]

3. I think they want to keep all photos out of evidence

It would open the door to any and all torture photos becoming relevant and admissible - "a pattern of behavior" type of argument. Then, all those photos that the Pentagon is keeping tightly under wraps would come into the public domain.

I think this is Lyndie's lawyer's real trump card. There will be a lot of negotiating going on behind the scenes. The government knows this defense could spell big trouble. I think they will cut her a relatively sweet deal to avoid the whole thing. Nobody, not even the small players, will be punished for the abuse of prisoners. They have their puppet in Allawi now, so they don't care about the truth and they assume the issue can now be suppressed on both sides of the ocean, Iraq and stateside.

On edit - every month of delay is one more month closer to the November election as well. I am sure their are important people working to keep anything damning from coming out before then.

[DeepModem Mom]

4. I had thought the delay might be election-related --

and thanks for your insight re. the photos.

[daleo]

5. No problem - it is just an educated guess though, I am no lawyer. n/t

n/t