Weapons of Mass Destruction (WMD)

DATE=1/14/05

TYPE=CORRESPONDENT REPORT

TITLE=US / ABU GHRAIB TRIAL (L-ONLY)

NUMBER=2-321776

BYLINE=GREG FLAKUS

DATELINE=HOUSTON

CONTENT=

HEADLINE: Jury Deliberates in Case of US soldier Accused of Abuses in Iraq

INTRO: The case of US Army Specialist Charles Graner is now in the hands of a jury at Fort Hood, in Texas, after both the prosecution and defense delivered closing arguments Friday. Specialist Graner is accused of abusing Iraqi prisoners of war at the infamous Abu Ghraib prison in Iraq. VOA's Greg Flakus has more on the story from Houston.

TEXT: In his closing statement to the jury, military prosecutor Captain Chris Graveline said Specialist Graner and other guards at the Abu Ghraib prison tormented and abused detainees for their own amusement.

Captain Graveline said, "It was for sport, for laughs . there was no justification."

But Specialist Graner's attorney, Guy Womack, civilian lawyer from Houston, argued that his client and other guards were under pressure from intelligence agents to soften up the prisoners for interrogation through physical abuse.

Mr. Womack argued that such instructions were justified by the life-and-death situation at the time, in the final months of 2003, when Iraqi leader Saddam Hussein was still at large and US forces were facing combat situations every day.

Mr. Womack sauid, "We had men and women being killed."

The defense attorney argued that photos taken by his client and others represented what he described as "gallows humor." He compared the stacking of prisoners on top of one another as no more painful or uncomfortable than similar human pyramids created by cheerleaders at U.S. sporting events.

Prosecutors, however, rejected that description, saying it would only be valid if the cheerleaders had first been stripped naked and treated roughly.

During the trial, prosecutors presented evidence that Specialist Graner had not only posed prisoners in lewd and uncomfortable poses, but had punched them and hit them with a metal rod.

Prosecutors relied on e-mail messages sent by Specialist Graner at the time and testimony from three other guards who had plea bargain deals for reduced sentences in exchange for their testimony.

Specialist Graner did not testify on his own behalf during the trial, which began Monday, but his attorney did present two witnesses who testified that intelligence officers had ordered guards to maltreat the prisoners.

Specialist Graner is the first guard from Abu Ghraib to face military court martial, but two others and a female clerk, Private First Class Lynndie England, are awaiting trial. Private England gave birth last year to a child prosecutors say was fathered by Specialist Graner.

If convicted on all counts, Specialist Graner could be sentenced to 17-and-a-half years in a military prison. (SIGNED)

NEB/GF/KL