HEADQUARTERS UNITED STATES CENTRAL COMMAND
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Release Number: 04-06-39
FOR IMMEDIATE RELEASE
COURT MARTIAL PRE-TRIAL HEARINGS
BAGHDAD, Iraq – Statement by COL Jill Morgenthaler, MNF-I Public Affairs Officer
Today, two pre-trial hearings were held in the cases of U.S. vs. Davis and U.S. vs. Graner. Several motions were raised and litigated in both hearings.
First, the defense made motions for new Article 32 hearings. These motions were denied by the military judge who found that the investigations conducted substantially complied with the Rules for Courts Martial.
Second, the defense requested that an investigator be assigned to each defense team. The government counsel agreed to their request.
Third, the defense raised several discovery issues. Many of these issues were resolved by the government agreeing to the requests. Each defense team will be provided access to the relevant detainees’ files. Witness statements from the Taguba Report will be declassified, if possible.
The defense teams will be provided access to Gen. Abizaid. Lt. Gen. Sanchez, Lt. Gen. Metz, Maj. Gen. Geoffrey Miller, Maj. Gen. Barbara Fast as well as other in the Coalition Joint Task Force 7 chain of command. In addition, the government agreed to defense requests for the employment files of certain civilian contractors and adverse administrative actions against the chain of command.
Fourth, the defense requested change of venue based on their beliefs that civilian witnesses would refuse to travel to Iraq. These motions were denied by the military judge at this time.
Fifth, the military judge, at the request of the defense teams, ordered the U.S. government to preserve the detention facility at Abu Ghraib as a crime scene.
Sixth, the government requested a court order to all potential panel members to avoid any media coverage on these cases. The judge agreed to sign the orders. Finally, the military judge set a deadline for additional motions to be filed by 31 July 2004.
In the U.S. vs. Frederick, the civilian defense attorney requested to appear via telephone on June 13. The military judge denied this request on June 14. Today, in court, the civilian defense counsel did not appear. Staff Sgt. Frederick did not waive his right to appearance of civilian defense counsel. To ensure Staff Sgt. Frederick’s right to a counsel of his choice, the military judge recessed court until July 23 in order for the civilian defense counsel to appear in Iraq.
Any questions regarding these hearings or future hearings please contact the Press Information Center at 914-360-5071 or 914-360-5076.
Or via email at cpicpressdesk@baghdadforum.com
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