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NEWS: Judge Orders Mistrial In Lynndie England Case

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posted on May, 4 2005 @ 04:23 PM
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After conflicting evidence over her guilty plea the judge hearing the Lynndie England Iraqi prison abuse trial has declared a mistrial saying that witness evidence and Englands own evidence has conflicted against her guilty plea. England made a plea bargain with prosecutors with a lower sentence outcome and the dropping of two charges. Evidence given by England and the senior guard Graner, who is father of Englands 7 month old baby undermines her guilty plea and tend towards England being innocent and just following orders by a senior guard.
 



www.abc.net.au
Graner, addressing the leash incident in court for the first time, said the prisoner involved had repeatedly threatened and assaulted Americans.

"I had wrapped what I call the tether around his shoulder and at that point it slid round his neck. I asked [England] to hold the tether and I took three quick pictures," he said.

Referring to his time as a prison officer in Pennsylvania, Graner said: "I tried to bring what we would have done at Pennsylvania." Explaining the photographs, he said: "Since we had a planned use of force, I documented it."

As part of her plea deal, England had accepted a sentence, still undisclosed but substantially below the 11-year maximum allowed by the charges.


Please visit the link provided for the complete story.


The judge told England "If you don't believe you are guilty, if you honestly believe you were doing what Graner told you to do, then you can't plead guilty,"

England stated in evidence that because Graner was a senior officer with background as a corrections officer that she thought he knew what he was doing.

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[edit on 4-5-2005 by Mayet]

[edit on 4-5-2005 by Mayet]




posted on May, 4 2005 @ 05:58 PM
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What turn of events in this trial, a judge declared a mistrial in the penalty phase; I have never heard of that happening before.

Wonder what is next, back to a grand jury, then base commander again who would then have to make a choice to put her back on trial or last just drop the charges against her period?

Perhaps that was part of her defense plan, after all you cannot have a one person conspriacy



posted on May, 4 2005 @ 06:46 PM
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This are very surprising developments, something is not right with the whole situation and the Judge knows that.

I always felt that even when she did what she did been wrong or not, she was following orders after all.

See the chain of command has been severed to go after the lower ranks and leave the higher ranks unpunished and free.

If she was following orders then from who the one she was following order from was following orders from and so on and on until the top.

I will like to know who started and why.



posted on May, 4 2005 @ 07:09 PM
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I have always thought the same thing marg. Yet I think it was more lack of training on the part of the reserves, rather then those in the higher ranks.

Granted the higher ranking officers would be responsible or at least some of them, but I doubt it goes all the way up to the top sd some want us to think.



posted on May, 4 2005 @ 07:58 PM
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My husband feels shots that this is not going to be good for the military that wants to get over the trial and her guilty plead.

Maybe if things get to complicated the judge could be removed, this no good for the prosecution and really I don't even know were her defense is standing for...........in her favor or on getting the whole thing over.

Now a whole new can of worms could be spilling.

This developments are going to be very interesting to watch.



posted on May, 4 2005 @ 08:04 PM
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what a dumb judge..i mean noone could be stupid enough to not realise its wrong what went on there...



posted on May, 4 2005 @ 08:05 PM
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Marg I do not think the same judge will sit on the next trial if there is one, so you can lay that fear to rest. Normally judges will recuse themself/their self (not sure which is the correct term here) because they have declared a mistrial.



[edit on 5/4/2005 by shots]



posted on May, 4 2005 @ 08:32 PM
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I forgot about that, yes you are right, it will be another judge.

Namehere, we all know that what she did is wrong and I have no problem with her been in trial.

My problems is that whatever they did and the reason they did it, it has to came from a change of command and while the lower ranks are getting burn the higher ranks are walking free.

Somebody knew about all this but is walking free and unpunished.



posted on May, 4 2005 @ 09:10 PM
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Originally posted by marg6043
I forgot about that, yes you are right, it will be another judge.


Somebody knew about all this but is walking free and unpunished.


That alone does not mean they will never be punished marg. Perhaps something may come out of the trial that points to a higher ranking officer. I am not saying it will happen, but it is possible. Never close the lid until you are sure the jar is empty.



posted on May, 4 2005 @ 09:17 PM
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Her, the judge, and Grainer all appear on Jerry Springer next.

Not even funny.



posted on May, 4 2005 @ 09:36 PM
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Interesting.

www.truthout.org...

The mistrial came after Graner, the reputed ringleader of the abuse, testified as a defense witness at England's sentencing hearing that pictures he took of England holding a naked prisoner on a leash at Abu Ghraib were meant to be used as a legitimate training aid for other guards.


The mistrial was declared because the head of the operation claims it was a legitimate training aid for the other guards. Which means this most likely is standard, but secret policy for the U.S. military.

This judge is not doing a good job of sweeping this event under the rug, but maybe that was his intent.

More and more the information that comes out of this occupation shows that the U.S. military does whatever it wants without regards for legality or morality. Who now can claim to not know why some people hate the USA?



posted on May, 4 2005 @ 09:41 PM
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Originally posted by namehere
what a dumb judge..i mean noone could be stupid enough to not realise its wrong what went on there...

Doesn't matter. If there was a mistrial, it's his job to declare one. If the testimony conflicted with her plea of guilty, then justice cannot be served in accordance with the law.



posted on May, 5 2005 @ 06:25 PM
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Well said there esoterica

I think the judge did well, he could have allowed himself to be railroaded by the army but he didn't, justice was served. Yes she did wrong but where does a soldier in the middle of a war zone refuse to carry out orders from a senior, where is the line drawn. Either way you lose lose, damned if you do damned, if you don't. Court Martial and trial either way.



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