Judge: Lynndie England should face court martial

A US military judge has recommended a court-martial for Private Lynndie England over the Iraq prison abuse scandal, but said the young army reservist was “easily led” and had been “heavily influenced” by an ex-boyfriend.

Army Reserve Col Denise Arn, who presided over England’s military pre-trial hearing at Fort Bragg, North Carolina, recommended that England be tried on 17 counts, including abuse and indecent acts stemming from photographs showing her smiling and gesturing at naked and hooded Iraqi prisoners at the Abu Ghraib prison in Baghdad.

Arn found insufficient evidence for two assault charges and rejected a prosecution request to add a charge of ”maltreatment and cruelty” against the 21-year-old personnel clerk.

While finding there is enough evidence to proceed to trial, Arn said it “does not escape notice that Pfc England was one of the younger participants, if not the youngest, in the incidents that gave rise to the allegations against her”.

Arn specifically mentioned co-defendant Spc Charles Graner, the reputed father of the child she is carrying. England is about eight months’ pregnant.

“From my review of the evidence, it is apparent that Pfc England was, at the time of the offences, the kind of person who was easily led,” Arn wrote in the report.

“I have little doubt that her conduct was heavily influenced by her personal relationship with Cpl Graner, a forceful, dominant, self-centred individual at least 12 years her senior.”

Arn said England was also influenced by other soldiers, including Staff Sgt Ivan Frederick, who has said he will plead guilty in the case next month.

Arn’s recommendations, dated September 6, were based on testimony in August during an Article 32 proceeding, which is similar to a civilian grand jury.

Lt Gen John Vines, Fort Bragg’s overall commander, will decide whether England is court-martialled.

England is one of seven members of the 372nd Military Police Company charged in connection with abuse that occurred at the prison late last year. Photographs of England posing with men stacked in a nude pyramid and holding a naked detainee by a leash became emblematic of a prison system run amok.

Lori Hernandez, wife of lead defence lawyer Rick Hernandez and a paralegal in his law office, said England took the news of the court-martial recommendation well.

“Lynndie’s doing fine,” Hernandez said. “She’s still working and status quo.”

England has been assigned a desk job at Fort Bragg while her case is pending.

Douglas McNabb, a Houston-based defence lawyer who handles military cases, said it was rare for a commanding officer to disregard a court-martial recommendation, although it was not uncommon for specific charges to be dropped.

England’s lawyers argue that she posed for the pictures on orders from higher-ups to “soften up” Iraqi prisoners. They sought unsuccessfully to call such high-level witnesses as US vice president Dick Cheney and defence secretary Donald Rumsfeld.

Military prosecutors portray the abuse as the work of a renegade band of reservists.

England is charged with 13 counts of abuse and six counts stemming from possession of sexually explicit photos not involving detainees. She faces up to 38 years if convicted.