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September 23, 2004 Accused jail abuser faces court martial From correspondents in Fort Bragg, North Carolina A MILITARY judge has recommended a court martial for Lynndie England in the Abu Ghraib prison abuse scandal, but said the young army reservist was easily led and had been heavily influenced by an ex-boyfriend who is also charged in the case. Army Reserve Colonel Denise J. Arn, who presided over England's military pre-trial hearing, recommended that Private First Class England be tried on 17 counts, including abuse and indecent acts stemming from photographs showing her smiling and gesturing at naked and hooded Iraqi prisoners at the Baghdad prison. Col. Arn found insufficient evidence for two assault charges and rejected a prosecution request to add a charge of maltreatment and cruelty against the 21-year-old personnel clerk. While finding there was enough evidence to proceed to trial, Col. Arn said it "does not escape notice that Pte England was one of the younger participants, if not the youngest, in the incidents that gave rise to the allegations against her". Col. Arn specifically mentioned co-defendant Specialist Charles Graner Jr, the reputed father of England's unborn child. She is about eight months pregnant. "From my review of the evidence, it is apparent that (England) was, at the time of the offences, the kind of person who was easily led," Col. Arn wrote in the report. "I have little doubt that her conduct was heavily influenced by her personal relationship with (Graner), a forceful, dominant, self-centred individual at least 12 years her senior." Col. Arn said England also was influenced by other soldiers, including Staff Sgt Ivan Frederick, who has said he would plead guilty in the case next month. Lt-Gen John R. Vines, Fort Bragg's overall commander, will decide whether England is court-martialled. England is one of seven members of the 372nd Military Police Company charged in connection with abuse that occurred at the prison late last year. Photographs of England posing with men stacked in a nude pyramid and holding a naked detainee by a leash became emblematic of a prison system run amok. Lori Hernandez, wife of England's lawyer Rick Hernandez and a paralegal in his law office, said yesterday that England had taken news of the court martial recommendation well. "Lynndie's doing fine," Ms Hernandez said. England has been assigned a desk job at Fort Bragg while her case is pending. Houston lawyer Douglas C. McNabb, who handles military cases, said it was rare for a commanding officer to disregard a court martial recommendation, though it was not uncommon for specific charges to be dropped. England's lawyers argued that she posed for the pictures on orders from higher-ups to "soften up" Iraqi prisoners. The lawyers sought unsuccessfully to call such high-level witnesses as Vice-President Dick Cheney and Defence Secretary Donald Rumsfeld. Military prosecutors have portrayed the abuse as the work of a renegade band of reservists. | |