Paco said:
Torture. The whole thing would be funny if it wasn't so *censored* stupid.
Witness: Abu Ghraib suspect punched prisoner
Spc. Graner, alleged ringleader of prison abuse, is first to be tried
MSNBC News Services
Updated: 7:57 p.m. ET Jan. 10, 2005
FORT HOOD, Texas - The alleged ringleader of the Abu Ghraib prison scandal went on trial Monday with witnesses telling a military court they watched him punch an Iraqi inmate in the face and saw him laugh while forcing prisoners to pose naked.
Spc. Charles Graner Jr. is the first soldier accused in the scandal to go on trial. His case is an important test of an argument put forth by defense attorneys that the soldiers were ordered to soften up detainees for interrogators and had no choice but to obey.
A military guard testified Monday that he saw Graner punch an Iraqi detainee in the face a moment after a notorious photo was taken at Abu Ghraib prison.
Another witness said Graner was “laughing and having a good time” while making naked prisoners pose.
Testimony got under way Monday after opening statements in which Graner’s military attorney, Guy Womack, defended the practices shown in the notorious photos as legitimate prisoner control techniques. Prosecutors also showed video previously not made public of a group of detainees being forced to masturbate.
Spc. Matthew Wisdom, the first witness in Graner’s court-martial, said Graner was among a number of guards who roughed up detainees on Nov. 7, 2003.
Wisdom described a prominent photo from Abu Ghraib that showed the muscular Graner holding a prisoner as if he were about to strike him in the face.
The witness said Graner cocked his arm while the picture was taken, and then he punched the prisoner.
Asked how hard Graner hit the prisoner, Wisdom said, “If I was that detainee, I know that it would be very painful.”
Wisdom said he was urged to participate in abuse, but that he instead reported it to his immediate superior.
“I was very upset,” he said. “It made me kind of sick, almost. It didn’t seem right.”
Graner, a 36-year-old former prison guard from Uniontown, Pa., is charged with conspiracy to maltreat Iraqi detainees, assault, dereliction of duty and committing indecent acts.
An all-male jury of four Army officers and six senior enlisted men will decide his fate in what is expected to be a weeklong trial. If convicted on all counts, he faces up to 17½ years in a military prison. Graner has pleaded not guilty.
Under military law, a conviction requires guilty votes by seven of the 10 jurors, all of whom have served in either Iraq or Afghanistan.
‘Trying to get the job done’
Wisdom testified that he did not see Graner when a naked Iraqi was allegedly forced to masturbate. The incident is the basis of one of the maltreatment charges against Graner.
That was supported by Pvt. Ivan Frederick, who told the court that he was the one who initiated that episode.
Frederick is a former staff sergeant who last summer was sentenced to eight years in prison for his actions at Abu Ghraib, which included punching a detainee hard enough in the chest to require medical attention. As part of his plea deal, he agreed to testify against Graner.
Under cross-examination, Frederick said Graner was on another floor of the prison during the masturbation incident.
But another member of the 372nd Military Police Company said Graner was not only there, but that the defendant photographed a simulated oral sex scene.
Pvt. Jeremy Sivits, who in May pleaded guilty to taking part in abuse, said Graner was in charge of stacking naked prisoners into a human pyramid with which he later posed for pictures.
“He was trying to get the job done, but he was also laughing and having a good time,” said Sivits, who told the court that his testimony against Graner was part of his plea deal.
Sivits received the maximum sentence of one year in prison, a reduction in rank and a bad conduct discharge.
Army prosecutor Maj. Michael Holley conceded during opening statements that there were problems at Abu Ghraib but that those difficulties did not justify Graner’s actions. “Anyone would say, ‘That’s illegal, that’s beyond the pale,”’ he said.
Officers said to order rough behavior
Defense lawyer Womack said Graner and his comrades were rewarded. “The more aggressive they became, the more information they got and the more praise they got,” he said.
Frederick testified during cross-examination that he and the other guards, including Graner, took orders mostly from military and civilian intelligence officers who encouraged rough treatment of detainees as a way to get useful information.
He said the guards received no training in handling prisoners with intelligence value, and that their actions were not closely watched.
“Who directed you in your day-to-day activities?” asked Col. James Pohl, the judge.
“Nobody, really,” Frederick responded.
Two other members of Graner’s unit who have made plea deals are scheduled to testify against him.
Three more soldiers from the 372nd also are awaiting trial at Fort Hood. One is Lynndie England, who in October gave birth to a child who Army prosecutors say was the result of a relationship with Graner.
After prosecutors screened grainy video that was previously not made public showing naked and hooded Iraqi male prisoners masturbating, Frederick said Graner and England joked about the incident.
“He (Graner) said something to the fact that it was a present for her birthday,” said Frederick, who, like Graner, was also a prison guard in civilian life.
Legitimate means of control?
The prosecution showed some of the photos taken at Abu Ghraib in their opening argument, including several of naked Iraqi men piled on each other and another of England holding a crawling naked Iraqi man on a leash.
In his opening arguments, Womack said using a tether was a valid method of controlling detainees, especially those who might be soiled with feces.
“You’re keeping control of them. A tether is a valid control to be used in corrections,” he said. “In Texas we’d lasso them and drag them out of there.” He compared the leash to parents who place tethers on their toddlers while walking in shopping malls.
Referring to stacking the prisoners, Womack said: "Don't cheerleaders all over America form pyramids six to eight times a year? Is that torture?"
Womack also said that Graner was "doing his job, following orders and being praised for it."
The chief prosecutor, Maj. Michael Holley, asked rhetorically, "Did the accused honestly believe that was a lawful order?"
The Bush administration has said the actions were those of a small group and were not part of a policy or condoned by senior officers.
But investigations have shown many prisoners in Iraq, Afghanistan and at the U.S. Navy base at Guantanamo Bay in Cuba also suffered abusive treatment after the government considered ways to obtain information in the war against terrorism.
Womack said U.S. embarrassment over the Abu Ghraib photographs had prompted the charges against his client. “The embarrassment puts pressure on the government: How do we mollify the world and make them like us again?” he said.
Graner may take the stand
Womack said over the weekend that while he almost never lets his clients take the stand, he may bend that rule for the Graner, of Uniontown, Pa.
“He is a calm, cool professional. He’s very articulate, very bright,” Womack said of the one-time prison guard. “Frankly, I don’t know anyone else in the case who can articulate everything as well as he can, so that would be a strong reason for him to testify.”
In addition to others caught up in the prisoner abuse scandal, Sgt. Joseph Darby, who first reported the alleged abuse, also is scheduled to testify. As many as three Iraqi detainees may testify via videotaped deposition.
The Associated Press and Reuters contributed to this report.
URL:
http://www.msnbc.msn.com/id/6795956/