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Wednesday, May 04, 2005
BREAKING NEWS: PFC ENGLAND GUILTY PLEA IN JEOPARDY
From Reuters, word that the military judge has halted PFC Lynddie England's sentencing hearing because he believes her guilty plea may be in conflict with the evidence:
Judge Col. James Pohl called a halt for three hours after testimony of a witness called by Lynndie England appeared to undermine her acceptance of guilt. England's smiling face on pictures of naked and humiliated Iraqis is a lasting image of the scandal,More analysis to follow...
"There is evidence being presented that you are not guilty," Pohl told England.
The witness, England's former boyfriend Charles Graner, had said from the stand that one of the central acts of the case -- in which England, now 22, appeared holding a naked prisoner on a leash -- was a legitimate prison procedure.
"If you don't believe you are guilty, if you honestly believe you were doing what Graner told you to do, then you can't plead guilty," the judge said. England had agreed to plead guilty in return for a shorter sentence.
In testimony before the six-member military jury, England's lawyers have been trying to present mitigating circumstances in explaining how she turned up in the photos, taken at the prison outside Baghdad in late 2003.
The judge had repeatedly made clear clear the guilty plea would be jeopardized by any statements by England or evidence in her defense that would undercut her admission of guilt.
He has the authority to reject the plea and force the case to go to trial at a later date.
Graner, addressing the leash incident, said the prisoner involved had repeatedly threatened and assaulted Americans. "I had wrapped what I call the tether around his shoulder and ... it slid round his neck. I asked (England) to hold the tether and I took three quick pictures," he said.
JAG CENTRAL