Abu Ghraib Charles Graner

1 abu ghraib

1.1 allegations
1.2 timeline
1.3 court-martial

1.3.1 article 39a hearing
1.3.2 october 22 hearing
1.3.3 not guilty plea , court-martial member selection
1.3.4 testimony
1.3.5 following orders
1.3.6 verdict

abu ghraib

in november 2003, graner awarded commendation army serving mp in iraq. graner held rank of specialist in company during tour of duty in iraq.

allegations

the picture of satar jabar prompted investigation

thirteen prisoners interviewed military investigators after abuse allegations emerged. 8 of them named graner 1 of abusers, , other 5 described person fitting description. investigation report named graner ringleader of abuse.

one of prisoners, kasim mehaddi hilas, said 1 day asked graner time pray. graner handcuffed him bars of cell window , left him there, feet dangling off floor, 5 hours. on occasion, graner , other soldiers tied prisoner bed , sodomized him phosphoric light while soldier took photographs.

another prisoner, abdou hussain saad faleh, said graner forced him stand on food box, naked except blanket. soldier put bag on head , electrodes on fingers, toes , penis. picture of incident 1 of first pictures publication prompted investigation. third prisoner, mohanded juma juma, said graner threw food toilets , told prisoners eat it.

specialist jeremy sivits, soldier pleaded guilty charges relating abu ghraib investigation, alleged graner once punched prisoner in head hard lost consciousness.

timeline

graner , england



graner , sabrina harman



graner appears punching, or pretending punch, handcuffed iraqi prisoners



2002: graner joins army reserve.
may 5, 2003: graner called active duty in iraq.
2003–2004 abu ghraib prisoner abuse:

specialist sabrina harman testified graner s assignment, graner , frederick s job [...] these people talk military intelligence officers , oga, short other government agency, nickname cia.
graner appears in several pictures fellow guards lynndie england , sabrina harman, giving thumbs in front of nude prisoners. in 1 photo, graner poses on dead body of manadel al-jamadi, iraqi prisoner; small patch of blood can seen on al-jamadi s right temple , eyes sealed closed tape. according spc. jason kenner s testimony, al-jamadi brought prison navy seals in health; kenner says saw al-jamadi looked extensively bruised when brought out of showers, dead. according kenner battle took place among cia , military interrogators on should dispose of body. capt. donald reese, company commander of 372nd military police company, gave testimony al-jamadi s death, saying saw dead prisoner. reese testified, told when brought in, combative, took him room , during interrogation passed. reese stated corpse locked in shower room overnight, first saw him. reese says first told man had died of heart attack, when saw him bleeding head, nose, mouth . body autopsied, concluding cause of death blood clot trauma.
prisoner kasim mehaddi hilas testifies regarding experiences @ abu ghraib, telling investigators graner had cuffed him bars of cell window, after hilas had asked graner time because wanted pray. graner left him, feet dangling above floor, 5 hours. hilas detailed events had witnessed of graner , of fellow soldiers sodomizing , otherwise abusing other detainees. these events detailed other prisoners including of victims themselves. according hilas, graner repeatedly threw detainees meals toilets , said, eat it.
spec. joseph m. darby, reported happening in prison, stated had asked graner, when mp in charge of tier s night shift, if had photographs of cell shooting took place. darby received 2 cds of photographs graner. darby told investigators, thought discs had pictures of iraq, cell shooting occurred. however, discs contained hundreds of photographs showing naked detainees being abused u.s. soldiers. feeling had seen wrong , darby compelled it. upon being confronted darby, graner responded, christian in me says s wrong, corrections officer in me says, love make grown man piss himself.
julie scelfo , rod nordland of newsweek reported, 1 military investigator wrote in notes on graner: biggest s.o.b. on earth, comment underlined twice.


may 14, 2004: u.s. army files 7 criminal charges against graner under uniform code of military justice, punishments ranging 24.5 years in prison, forfeiture of pay, reduction in rank , dishonorable discharge:





the charges of adultery , obstruction of justice dropped before first trial began. later, other charges dropped, leaving charges conspiracy maltreat detainees, assault , committing indecent acts. made maximum penalty 17.5 years instead of 24.5 years.


may 19, 2004: graner arraigned along staff sergeant ivan l. chip frederick ii , sergeant javal davis. of them waive right have charges read aloud. pleas deferred. on same day, jeremy c. sivits, first soldier go on trial, sentenced maximum penalty of 1 year in prison , bad conduct discharge.
june 25, 2004: spc. israel rivera, military intelligence analyst, testifies @ hearing in baghdad decide whether spc. sabrina harman should court-martialed. rivera says graner shouted homosexual slurs @ 3 naked prisoners, ordering them crawl along ground genitalia had drag along floor. according rivera, graner shouting things like, guys fucking in there , fucking fags.
three key witnesses refused testify against graner during secret hearing on grounds might incriminate (see fifth amendment united states constitution):

lieutenant colonel steven l. jordan, director of joint interrogation , debriefing center @ prison oversaw interrogations;
captain donald j. reese, commander of 372nd military police company, in graner served; and
adel nakhla, civilian translator, employed private military contractor titan corporation, assigned 205th military intelligence brigade; mentioned in taguba report suspect.



court-martial
article 39a hearing

due security problems holding pre-trial hearings in baghdad, case transferred germany. on august 23, graner appeared before military judge colonel james pohl @ high-security army base in city of mannheim in southwest germany. on day, article 39a hearings held. these preliminary hearings function arraignment , allow judge hear , decide on motions made prosecutor , defense. graner appeared specialist megan ambuhl, along civilian attorneys , appointed military defense lawyers.

during article 39a hearing, attorneys harman , graner made discovery motions. pohn set deadline of september 10 government provide defense team documents requested, , ordered release of u.s. army report performed criminal investigational division on investigative procedures, schlesinger panel report.

graner s attorney (as attorneys several others charged) moved suppress evidence of statements made army investigators during interrogations, seizure of computer. requested change of venue, because witnesses not compelled come iraq testify. in addition, defense sought immunity prosecution several people may testify defense. judge denied 3 motions, , ruled video testimony , depositions used evidence.

october 22 hearing

another pre-trial hearing held on october 22, @ camp victory in baghdad, pohl again presiding judge. pohl set january 7, 2005, trial date , again denied defense motion grant immunity several witnesses testify without fear of incrimination. on november 11, lieutenant colonel fred taylor, judge advocate in regional defense counsel s office @ camp victory, notified graner military judge ordered further hearings in case held @ fort hood, texas.

not guilty plea , court-martial member selection

the trial officially began on january 7, @ williams judicial center in fort hood, colonel james pohl presiding. ten-member, all-male court-martial seated, consisting of 4 officers , 6 enlisted men—all of whom had served in either iraq or afghanistan. under military law, 3 fourths of members must vote guilty convict person of each charge.

graner entered not-guilty plea each of 5 charges. 2 officers detailed members of court not seated—colonel allen batschelet saying embarrassed army officer after seeing photos , had strong views case, , lieutenant colonel mark kormos prosecutors no reason given.

during session list of potential witnesses made public. included 3 other soldiers in graner s unit western pennsylvania: captain donald reese of new stanton, specialist jeremy sivits of bedford county, , sergeant joseph darby of somerset county. reese unit commander , had been reprimanded in connection abu ghraib; sivits had pleaded guilty in plea bargain; darby soldier first reported situation @ abu ghraib. @ hearing several other possible witnesses listed, including prerecorded video depositions of 3 iraqi prisoners — 2 prosecution , 1 defense. graner s lawyer, guy womack, said not sure whether graner testify himself.

after hearing journalists interviewed graner outside courtroom, graner expressed positive attitude, saying whatever happens here going happen. still try stay positive.

testimony

opening statements began on january 10. during hearing, witness testimony began. 3 soldiers in graner s unit testified; first specialist matthew wisdom, first reported situation @ abu ghraib. wisdom said graner had enjoyed beating inmates (saying had laughed, whistled, , sung) , 1 first thought of arranging prisoners in naked human pyramids , other positions. on day military judge, michael hunter, banned further reporting of hearing.

testimony continued next day, syrian foreign fighter ameed al-sheikh told court in video testimony graner had beaten him while recovering bullet wound. al-sheikh described graner primary torturer , said had forced him eat pork, drink alcohol, , thank jesus keeping him alive. detainee, hussein mutar, testified graner had forced him, al-sheikh, eat pork, drink alcohol, , curse islam. forced masturbate in public , 1 of men stacked pyramid naked.

on january 11, military prosecutors presented evidence not publicly released, including video of forced group masturbation , picture of female prisoner being forced show breasts.

following orders

the main defense graner following orders from, , supervised by, intelligence officers. graner , others testified many senior officers aware of activities , actively supported them. why not worried taking , distributing photographs later used against him. referring military intelligence, graner testified beat mi detainee death mi there before pohl cut him off.

a formal complaint abuse filed specialist matthew wisdom in november 2003 ignored military. private ivan frederick (previously convicted of abuse) said had consulted 6 senior officers, ranging captains lieutenant-colonels, guards actions never told stop. despite this, prosecution did not call senior officers testify. womack suggests not because forgot so.

white house counsel alberto gonzales had issued memo defined torture narrowly intentionally causing permanent damage vital organs or permanent emotional trauma . have excluded graner s acts of intimidation. prosecution argued if following orders senior officers, should have known orders illegal.

verdict

on january 15, 2005, graner found guilty of assault, battery, conspiracy, maltreatment of detainees, committing indecent acts , dereliction of duty , sentenced 10 years imprisonment, reduction in rank private, dishonorable discharge, , loss of pay , benefits.

defense lawyer guy womack contended graner , 6 other abu ghraib guards charged abuses being scapegoated. example, washington post reported in 2004 torture position known palestinian hanging , prisoner suspended hands behind back, approved bush administration use in cia interrogations (termed enhanced interrogation technique cia).

graner s mother, irma graner said, know s higher-ups should on trial... let little guys take fall them. truth come out eventually.