General Won't Be Witness in Iraq Abuse Hearing

Tue Aug 31, 2004 01:34 PM ET
By Hart Matthews

FORT BRAGG, N.C. (Reuters) - The U.S. military judge investigating prisoner abuse charges against Pfc. Lynndie England, the soldier photographed holding an Iraqi on a leash, will not allow England's lawyers to question a former top military officer at Abu Ghraib prison.

Col. Denise Arn on Tuesday rejected a bid to call Brig. Gen. Janis Karpinski to the witness stand on the seventh day of a court hearing for England, the pregnant 21-year-old soldier who became the public face of the scandal that shocked world opinion and rattled U.S. efforts to stabilize Iraq during a bloody insurgency.

Arn said she would consider a deposition previously taken from Karpinski, who was in charge of U.S.-run prisons in Iraq during the abuse.

"I don't see the necessity of hearing from this witness," said Arn. "But ... if you folks want to offer the deposition and highlight passages, I'll consider them."

Karpinski received a letter of reprimand and was suspended from her post as commander of the military police brigade at the heart of the scandal. She is protesting the suspension.

England, one of seven military police officers charged, faces 19 counts of assault, conspiracy to mistreat prisoners, committing indecent acts, disobeying orders and possessing sexually explicit material. She could face up to 38 years in prison if convicted.

The hearing at Fort Bragg is known as an Article 32 investigation and will help determine if England should stand trial. Arn has heard from 27 witnesses.

Arn rejected several defense requests for additional witnesses but gave England's legal team until the afternoon to find Lt. Lewis Raeder, a former platoon leader in England's unit, the 372nd Military Police Company.

Arn determined most of the witnesses requested by England's attorneys were not "reasonably available" to testify. The defense, which has requested more than 160 witnesses, had asked that numerous Abu Ghraib prisoners testify, which would require help from Iraq's Justice Ministry.

"Physically acquiring the testimony of those witnesses is possible," U.S. military prosecutor Capt. John Benson said. "Logistics is a problem ... it can be done but it can't be done quickly."

Arn was considering whether to allow three additional witnesses. Once she has finished her investigation, she will submit a report to a Fort Bragg brigade commander, Col. Richard Hooker. He will decide whether to send the report up the chain of command for a decision on whether England will stand trial.

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