May 04, 2005

England's Plea, Case Tossed Out

I'm not sure how to read this, but the judge presiding over the Lynndie England Abu Ghraib trial threw out her guilty plea and entered a not guilty plea in the books.

Via Llama Butchers, WAPO:

A military judge Wednesday threw out Pfc. Lynndie England's guilty plea to prisoner abuse at Abu Ghraib, saying that he was not convinced that she knew that her actions were wrong at the time.

Col. James Pohl entered a plea of not guilty for England to a charge of conspiring with Pvt. Charles Graner Jr. to maltreat detainees at the Baghdad-area prison.

She didn't know her actions were wrong implies that she's less than competent.

Is it standard practice for judges to throw out guilty pleas unless they think the defense lawyer is inadequately representing their clients interests because there is a strong likelihood that the accused will be found not-guilty?

The action came after Graner testified at England's sentencing hearing that pictures he took of England holding a naked prisoner on a leash at Abu Ghraib were meant to be used as a legitimate training aid for other guards.

When England pleaded guilty Monday, she told the judge she knew that the pictures were being taken purely for the amusement of the guards.

Pohl said the two statements could not be reconciled.

"You can't have a one-person conspiracy," the judge said before he declared a mistrial and dismissed the jury.

UPDATE: Check it out, Greg might be right for once. Only the person who ordered England was her boyfriend and not exactly high on the totem pole. CNN:

Graner testified Wednesday that he placed a dog leash around an Iraqi prisoner's neck and asked England to lead him out of his cell -- a legitimate technique for doing so, he said. England, who was photographed holding the leash, was just following orders, Graner said.

After that, Judge Col. James Pohl excused the jury and gave defense attorneys a tongue-lashing. Graner's testimony, he pointed out, contradicted England's guilty plea Monday to seven criminal counts -- each of which was represented by a photograph of her posing next to naked Iraqi prisoners in humiliating positions. In making that plea, she admitted her participation and said she knew it was wrong. If she was just following orders, Pohl said, she should be pleading not guilty.

Following a recess, defense attorneys told Pohl that England wished to enter a plea of not guilty, and Pohl declared a mistrial.

UPDATE: I'm scouring the blogosphere trying to make sense of this.....a few comments, but no real explanation

Others: Blogs of War