ABU GHRAIB ARTICLE 39A HEARINGS HELD IN MANNHEIM, GERMANY
Mannheim, Germany - In the courtroom at the Legal Center on Taylor Barracks in Mannheim, Germany, Article 39a hearings were held for four members named in the Abu Ghraib Prison abuse investigation.
Article 39a hearings are typically used by the military judge to arraign the accused, to hear and decide on motions raised by the defense or the prosecution, or to perform other procedural functions. At the 39a session, the military judge, the prosecutor, the defense counsel and the accused are present.
Specialists Megan Ambuhl and Charles Graner appeared before Col. James Pohl on August 23, while Staff Sgt. Ivan Frederick and Sgt. Javal Davis appeared before Judge Pohl on August 24.
Sergeants Frederick and Davis and Specialists Graner and Ambuhl made motions before Judge Pohl. All of the accused had civilian attorneys present for the sessions, as well as appointed military defense lawyers.
Each defense team made motions to compel discovery. Judge Pohl gave the U.S. Government until Sept. 10 to provide the defense with the requested reports and documents, which included the Fay/Jones and Church reports. The judge also ordered the release of a report to the defense about the Army's Criminal Investigational Division's investigation procedures and the Schlesinger Report.
Sergeant Davis and Specialist Graner both made motions to suppress evidence, which included statements they made while being interviewed by CID agents. The judge denied both of these motions.
Attorneys for Sergeant Frederick and Specialist Graner made motions requesting change of venue. Both motions were denied. The basis for the requests was because some witnesses could not be compelled to come to Iraq to testify. The judge explained in his ruling that video testimony and depositions could be used.
Both Sergeants Frederick and Davis defense attorneys made motions to the judge to grant immunity to several individuals so they may testify for the defense. These motions were denied.
The defense attorney for Sergeant Davis requested the judge to compel Secretary of Defense Donald Rumsfield to be interviewed. The judge denied the motion, stating that the defense failed to make a connection between the accused and actions and orders from Rumsfeld.
Defense teams for Sergeant Frederick and Specialist Ambuhl made motions to request the expert testimony of specialists from the psychiatric community. Sergeant Frederick's team request for Dr. Frank Zimbardo to be added to the defense team was granted. Specialist Ambuhl's team requested Dr. Craig Haney to assist in their defense but was not approved. The judge did order the government to supply a psychology expert by Sept. 2.
Specialist Ambuhl also had three additional charges dismissed without prejudice: one count of conspiracy and two counts of maltreatment of detainees. The prosecution may have these charges reinvestigated and added back into the original charges.
The next hearing dates will be Oct.20 for Sergeant Frederick, Oct. 21 for Sergeant Davis and Specialist Grainer, and Oct. 22 for Specialist Ambuhl. Each of the hearings for the accused will be held in Baghdad.
Release #040825a
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