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lucky wilbury
05-04-2005, 12:24 AM
http://apnews.myway.com/article/20050504/D89S2FL81.html

Defense: England Oxygen-Deprived at Birth



May 3, 9:39 PM (ET)

By T.A. BADGER

FORT HOOD, Texas (AP) - Defense lawyers sought leniency for Pfc. Lynndie England at a hearing Tuesday to determine her punishment in the Abu Ghraib prison abuse scandal, with a psychologist testifying that the reservist was oxygen-deprived at birth, speech impaired and had trouble learning to read.

West Virginia school psychologist Dr. Thomas Denne - the first defense witness - said England's learning disabilities were identified when she was a kindergartner - and though she made progress in school, she continued needing special help.

"I knew I was going to know Lynndie England for the rest of my life," West Virginia school psychologist Dr. Thomas Denne said.

A military jury of five men and one woman was seated earlier Tuesday to make a sentencing recommendation for England, 22, who pleaded guilty Monday to seven counts of mistreating prisoners. She said she let her comrades talk her into going along with the abuse.

England, from Fort Ashby, W.Va., accepted responsibility for the smiling, thumbs-up poses she struck for photographs taken at Abu Ghraib that made her the face of the prisoner abuse scandal.

In one of the photos, England held a leash looped around the neck of a hooded, naked prisoner. Another showed her next to nude prisoners stacked in a pyramid, while a third depicted England pointing at a prisoner's genitals as a cigarette dangled from her lips.

The charges carry up to 11 years in prison. Prosecutors and the defense reached an agreement that caps the sentence at a lesser punishment; the length was not released. She will get the lesser of the military jury's sentence or the term agreed on in the plea bargain.

Prosecutor Capt. Chris Graveline told jurors in opening statements that England and a half-dozen other soldiers in the 372nd Military Police Company took great pleasure in humiliating the prisoners. The prosecution rested its sentencing case without calling any witnesses.

Graveline said England and Pvt. Charles Graner Jr. - the abuse ringleader and the father of England's child - knew it was wrong to mistreat the detainees and take the photos, "but they did it anyway for their own amusement."

Graner is scheduled to testify for the defense Wednesday. He handed out a written statement Tuesday saying that he was unhappy that England opted for a plea deal rather than fight the charges she faced.

"Knowing what happened in Iraq, it was very upsetting to see Lynn plead guilty to her charges," wrote Graner. "I would hope that by doing so she will have a better chance at a good sentence."

When asked by judge Col. James Pohl whether England knew right from wrong, Denne said she had a compliant personality and tended to listen to authority figures.

On Monday, England told Pohl that she initially resisted taking part in the abuse at the Baghdad prison, but that she succumbed to peer pressure.

"I had a choice, but I chose to do what my friends wanted me to," she said.

Rick Hernandez, a defense lawyer, said the pscychologist's testimony helped England by establishing that her ability to reason was lower than that of her comrades.

"She is clearly in a different mental capacity ... than any of the others accused," he said.

Graner was convicted in January on abuse charges and is serving a 10-year prison sentence. Four other Abu Ghraib guards and two low-level military intelligence officers have entered guilty pleas in connection with the scandal, with sentences ranging from no time to 8 1/2 years. Spc. Sabrina Harman, a former Abu Ghraib guard, is scheduled to go to trial at Fort Hood next week.

FORD
05-04-2005, 12:34 AM
Granted, that might be a good defense for her being a brain dead lunatic bitch, and it might excuse her following blatantly illegal and unconstitutional orders without question.

But it does not excuse the actions themselves, nor does it excuse the criminals who ordered her to do it.

ELVIS
05-04-2005, 12:37 AM
FORD, you have been oxygen-deprived since birth and it hasn't gotten you any special treatment...;)

FORD
05-04-2005, 12:40 AM
Originally posted by ELVIS
FORD, you have been oxygen-deprived since birth and it hasn't gotten you any special treatment...;)

Nah, my only problem at that age was being beer deprived. And that kept on going until I was able to drink out of a bottle without a nipple on it.

Nickdfresh
05-04-2005, 08:35 AM
The real masterminds of this stupid, flawed policy will never see any investigation into their TOP SECRET; SPECIAL ACCESS PROGRAM! She's just a pawn!

DrMaddVibe
05-04-2005, 08:55 AM
She's not a pawn. She was a willing participant. She gleefully posed for pictures while "torturing" her captives. She didn't have work access to them, she went on her free time to do the things she's pictured with.

If ANYONE believes what she did was torture...join a fraternity or sorority. What happens there pales in comparisson!

Seshmeister
05-04-2005, 09:58 AM
Originally posted by DrMaddVibe
If ANYONE believes what she did was torture...join a fraternity or sorority. What happens there pales in comparisson!

That's a fucking outrageous comparison. The prisoners were not there trying to get into some pathetic little club. They were at the centre for torture in their country blindfolded by some evil foreign cunts who to there mind were very capable of killing them.

DrMaddVibe
05-04-2005, 10:01 AM
Comparisson?

Oh yeah...I forgot...

SOme fraternities and sororities have killed members with initiation rites.

How many people did PFC England kill again?

BigBadBrian
05-04-2005, 11:25 AM
Originally posted by FORD
Granted, that might be a good defense for her being a brain dead lunatic bitch, and it might excuse her following blatantly illegal and unconstitutional orders without question.

But it does not excuse the actions themselves, nor does it excuse the criminals who ordered her to do it.

Damn, I agree with FORD. Time for a drink. :gulp:

Seshmeister
05-04-2005, 02:44 PM
Originally posted by DrMaddVibe
Comparisson?

Oh yeah...I forgot...

SOme fraternities and sororities have killed members with initiation rites.

How many people did PFC England kill again?

Probably a few hundred GI's so far with her insurgent recruitment posters...

DrMaddVibe
05-04-2005, 03:11 PM
Riii-ggght!

Mezro
05-04-2005, 03:13 PM
How about born ugly?

Mezro...seems like a good defense to me...

Guitar Shark
05-04-2005, 03:15 PM
No shit dude. I mean really, can you blame her? Somebody with an ugly mug like that will do anything to fit in.

Nickdfresh
05-04-2005, 06:13 PM
Abu Ghraib judge declares mistrial
Former boyfriend says England was just following orders

Wednesday, May 4, 2005 Posted: 4:05 PM EDT (2005 GMT)

http://i.a.cnn.net/cnn/2005/LAW/05/04/prisoner.abuse.england/story.england.wed.ap.jpg
Army Pfc. Lynndie England holds her infant son, Carter England, on Wednesday.
Image:

FORT HOOD, Texas (CNN) -- A military judge on Wednesday threw out Army Pfc. Lynndie England's guilty plea in connection with the Abu Ghraib prison scandal, declaring a mistrial after testimony suggested England did not know her actions were wrong.

That testimony was offered by England's former boyfriend and supervisor, Pvt. Charles Graner Jr., who was convicted separately in the scandal and sentenced to 10 years in prison.

Graner testified Wednesday that he placed a dog leash around an Iraqi prisoner's neck and asked England to lead him out of his cell -- a legitimate technique for doing so, he said. England, who was photographed holding the leash, was just following orders, Graner said.

After that, Judge Col. James Pohl excused the jury and gave defense attorneys a tongue-lashing. Graner's testimony, he pointed out, contradicted England's guilty plea Monday to seven criminal counts -- each of which was represented by a photograph of her posing next to naked Iraqi prisoners in humiliating positions. In making that plea, she admitted her participation and said she knew it was wrong. If she was just following orders, Pohl said, she should be pleading not guilty.

Following a recess, defense attorneys told Pohl that England wished to enter a plea of not guilty, and Pohl declared a mistrial.

It now is up to military prosecutors whether to refile charges against England. If they do, her defense attorneys may renegotiate a plea deal. The maximum penalty for the seven counts -- two of conspiracy, four of abusing detainees and one of committing an indecent act -- that England pleaded guilty to on Monday is 11 years in prison, but CNN learned that she may have faced only about two years under the secret terms of the plea deal.

A six-person military jury was set to decide what punishment England should receive for her role in the scandal. Pohl told attorneys for both sides they could "negotiate a new deal and come back another day."

Graner, who is said to be the father of England's infant son, Carter England, born in October, is now married to Spec. Megan Ambuhl, one of the four guards to plead guilty in the scandal.

England's mother carried Carter into court Wednesday. In the morning, she removed the baby's hood for photographers; when she left for lunch, he was covered by a blanket.

Graner was also busted from a rank of specialist following his conviction, and is to be dishonorably discharged when he is released from prison. Leaving court on Tuesday, Graner handed out a written statement saying he found England's guilty plea "upsetting" but hopes it will bring her an easier sentence.

England, however, appeared resentful toward Graner. As the courtroom sketch artist, Pat Lopez, was drawing him, England leaned over to her and said, "Don't forget the horns and the pitchfork."

CNN's Susan Candiotti and Jim Polk contributed to this report.

www.cnn.com/2005/LAW/05/04/prisoner.abuse.england/index.html

Copyright 2005 CNN. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed. Associated Press contributed to this report.