Home > Is Pfc. Lynndie England a ’pawn’?
Soldier’s attorneys cite probes alleging widespread abuse of prisoners
By Josh White
FORT BRAGG, N.C. — Defense attorneys for a military police soldier charged with detainee abuse at the Abu Ghraib prison argued in court yesterday that their client was a pawn in a widespread policy of abusive military intelligence procedures, citing two extensive Army investigative reports released last week as evidence that the soldier was following orders.
The argument, on behalf of Pfc. Lynndie R. England, 21, was the first opportunity for defense attorneys representing seven low-ranking MPs to use the government’s own investigations in defending soldiers charged in the notorious abuse case.
The two investigations — one led by a former defense secretary and the other by three Army generals — identified nearly 50 soldiers who either were involved in abuses at Abu Ghraib or failed to report it. Both reports also criticized top commanders in Iraq for leadership failures, and the Army’s report found that military intelligence interrogators asked military police soldiers for help in using harsh and, in some cases, illegal tactics against detainees.
That conclusion contradicted early Pentagon statements that the MPs were acting alone when they sexually humiliated and beat detainees amid the chaos of the prison outside of Baghdad. It also bolstered England’s defense theory that the series of shocking digital photographs — in which she is posing cheerily next to naked detainees or holding one at the end of a leash — were not her idea.
"This was not a rogue band of soldiers," said Richard A. Hernandez, England’s lead civilian attorney, arguing that the reports show that the techniques were widespread. "This is clearly something that went beyond this individual and beyond these accused."
Later in the hearing, Hernandez was more direct: "She was working under military intelligence interrogation procedures."
Military prosecutors fired back, the first time they have argued publicly that the focus should be on the individuals who abused soldiers and their allegedly illegal actions, not on the environment that led them to do it. Capt. John Benson called the defense argument "completely ridiculous" and said the court was "consistently being fed these ridiculous lies."
Benson said England’s alleged wrongdoing was the only thing that currently should be on the table, and her actions were clearly illegal. He said that even if military intelligence had given England an order to abuse prisoners, she had a duty to refuse to obey such an unlawful order.
"The defense wants to pull us very far afield from the charges in this case," said Benson, one of three prosecutors presenting the case. "If 44 other people were included in this conduct, then 44 people should be brought to justice."
England’s hearing — called an Article 32 — is designed to investigate the 19 charges against her, similar to a civilian grand jury. England, who is nearly eight months’ pregnant, could face 38 years in prison if convicted on all charges, which include prisoner abuse and her appearance in a number of sexually explicit photos with Spec. Charles A. Graner Jr., whom officials have called a ringleader in the abuses.
In brief testimony yesterday, a soldier from England’s unit who has already pleaded guilty to abuse charges said Graner and Spec. Ivan L. "Chip" Frederick had told him that they were instructed to "soften up" detainees by military intelligence soldiers. Private Jeremy C. Sivits, who is serving a 12-month sentence at Camp Lejeune, N.C., testified by phone that he took photographs of some of the abuse one night because he didn’t want the other soldiers to dislike him.
Sivits said Graner ordered him not to talk about what he saw, adding that he believed that the soldiers had received orders to break the will of the detainees. "They had never lied to me about anything before, so I figured that’s what they were told to do," he said.
Last week, Frederick’s lawyer said his client would also plead guilty in the case.
Another soldier at the prison, Sgt. Kenneth Davis, testified yesterday that he witnessed some abuse at the hands of Military Intelligence, or MI, personnel, including one episode when MI soldiers told Graner to strip a detainee.
He said he reported the abuse to an MP lieutenant, who told him to stay out of MI’s way as they did their job.
Davis also said he received an e-mail from Graner a few weeks ago that included a document from a superior praising Graner’s work. The letter said Graner was "doing a fine job," and that he was getting "many accolades from MI, specifically from Lt. Col. Jordan" — the second-highest-ranking MI officer at the prison.
Davis also said Graner at one point told him that he was uncomfortable following MI orders to yell at detainees and do things he considered morally or ethically wrong.