Abu Ghraib suspect fails in bid for new judge

[NNN0LHI]

http://www.alertnet.org/thenews/newsdesk/N07323817.htm

FORT HOOD, Texas, July 7 (Reuters) - Attorneys for U.S. Army reservist Lynndie England, who became the face of the Abu Ghraib prisoner abuse scandal, tried unsuccessfully on Thursday to remove the judge in the case and said she planned to plead not guilty in her trial next month.

The lawyers charged that military judge Col. James Pohl could not conduct a fair trial and asked him to recuse himself, but he refused.

England pleaded guilty to abuse charges in exchange for a reduced sentence in a deal with prosecutors at a trial in May, but the deal fell through when Pohl declared a mistrial.

He said testimony from England's former lover, Abu Ghraib abuse ringleader Charles Graner, undermined her guilty plea.

[Richard Steele]

1. Judge actually "asked questions"; oh, the horror!

Snip:
In a pretrial hearing on Thursday, defense attorney Capt. Jonathan Crisp asked Pohl to remove himself from the case because of suspected bias.

He argued that Pohl asked "leading questions" in the May trial that prompted Graner into answers that undermined England's plea deal....

...Pohl refused to step aside, saying, "Explain to me, Captain Crisp, why it is my fault that Private Graner testified inconsistently with his pretrial statement."

[rainbow4321]

2. Judge tosses out England's statements about abuse("compliant personality")

http://www.mysanantonio.com/sharedcontent/APStories/stories/D8B7FQTG0.html

Pfc. Lynndie England's statements to Army investigators about her actions at Abu Ghraib prison cannot be used as evidence at her upcoming trial, a military judge ruled Friday.

Capt. Jonathan Crisp argued that his client was not in a clear frame of mind to waive her rights after being wakened in the middle of the night and subjected to long hours of interrogation on two hours of sleep. The defense also contended that England has a compliant personality and can be easily led by people in authority, in this case the investigators.

"She wants to provide whatever the authority figure is looking for," said Thomas Denne, a West Virginia psychologist who has known England since she was 4 years old.

Denne also testified that England has mental disabilities going back to early childhood that made it hard for her to comprehend when the investigators advised her of her right to remain silent.