A MILITARY judge warned the US Government yesterday that the case against a military policeman accused of abusing Iraqi prisoners could collapse without more evidence.
Colonel James Pohl was speaking at the pre-trial hearing in Mannheim for Specialist Charles Graner, the military policeman most closely identified with the abuses at Abu Ghraib.
Photographs showed Specialist Graner smiling over a pile of naked prisoners, but the US prosecution case against him is far from complete. The colonel said that one army criminal investigator was reviewing thousands of records at a secret computer server at Abu Ghraib.
The judge demanded that three investigative reports be completed by September 10 for submission as evidence in a court martial. A report drawing information from the computer server had to be ready by December. If there was no progress by October, he would “seriously revisit” a defence plea to dismiss the case.
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The delay in moving towards a court martial may reflect US Army nervousness about the political sensitivity of the case. Some of the top brass may prefer a date after the presidential election in November. Colonel Pohl also ruled that graphic photographs of Iraqi prisoners in humiliating poses could be admitted as evidence. The defence team argued that Specialist Graner had not been alerted to his legal rights when military investigators removed two digital cameras and searched the computer in his Baghdad quarters.
The pre-trial hearing — held in Mannheim for security reasons — is to establish what evidence can be submitted to the court martial of Specialist Graner, Specialist Megan Ambuhl, Staff Sergeant Ivan “Chip” Frederick and Specialist Javal Davis.
Yesterday Staff Sergeant Frederick, 37, said that he would plead guilty to some of the charges against him, which comprise maltreating detainees, conspiracy to maltreat detainees, dereliction of duty and wrongfully committing an indecent act. He said that he accepted responsibility for his actions.
Specialist Graner, formerly a prison guard in Pennsylvania, faces charges of assault, mistreatment of prisoners, dereliction of duty, conspiracy, obstruction of justice, adultery and committing indecent acts.