FORT HOOD, Texas - Defense attorneys are hoping a plea deal by
Pfc. Lynndie England will be accepted by an Army judge as the
reservist whose image became synonymous with the Abu Ghraib prison
scandal heads to court.
England, who appeared in some of the most graphic photographs
depicting physical mistreatment and sexual humiliation of Iraqi
detainees at Abu Ghraib prison, was expected to plead guilty
today.
England's civilian lawyer, Rick Hernandez, said last week that
the 22-year-old Army reservist will plead guilty to two counts of
conspiracy, four counts of maltreating prisoners and one count of
dereliction of duty. In exchange, he said, prosecutors will drop
charges of committing an indecent act and failure to obey a lawful
order.
The plea agreement, which would come the day before England was
scheduled to go to trial, lowers her maximum possible sentence from
161/2 years in prison to 11 years.
If the plea is accepted by the Army judge, Col. James Pohl, a
panel of soldiers will determine her punishment after a sentencing
hearing expected to last several days.
Lori Hernandez, assisting her husband on England's defense team,
said Sunday that no agreement has been reached that would limit
England's possible sentence. The New York Times, citing unnamed
prosecution sources, said in Saturday editions that the plea deal
included a 30-month cap.
Rick Hernandez said his sentencing witnesses include Pvt.
Charles Graner Jr., a former Abu Ghraib guard and the reputed
ringleader of the abuses. Graner, said to be England's ex-boyfriend
and father of her infant son, was convicted in January on a range
of abuse charges and sentenced to 10 years in prison.
Rick Hernandez said it has not been decided whether England will
take the stand. He said the defense will present evidence that
England has severe learning disabilities and mental health
problems.
England, from Fort Ashby, W.Va., was one of seven members of the
Maryland-based 372nd Military Police Company charged with
humiliating and assaulting prisoners at the prison near Baghdad.
She became a focal point of the scandal after photos of her
surfaced, including one that showed her smiling and posing with
nude prisoners stacked in a pyramid.
In one notorious photo from the prison, England is shown holding
a hooded, naked Iraqi prisoner on a leash. In another she is
smiling and pointing at a naked detainee's genitals while smoking a
cigarette.
England's lawyers have argued that she and others in her unit
were acting on orders from military intelligence to "soften up"
prisoners for interrogations. But Army investigators testified
during hearings last summer that England said the reservists took
the photos while "they were joking around, having some fun."
The Abu Ghraib scandal, which went public in April 2004, damaged
the image of America's military leadership at home and sparked
outrage around the world. Several government investigations have
been conducted, but so far only low-level soldiers have been
charged, although the defendants and other critics have alleged
that high-level officials condoned the abuse.
Four other members of the 372nd and two low-level military
intelligence officers have entered guilty pleas, with sentences
ranging from no time to 81/2 years. Graner is the only soldier to
stand trial so far, while Spc. Sabrina Harman, a former Abu Ghraib
guard, is scheduled to go to trial at Fort Hood next week.
In West Virginia, England family attorney Roy Hardy said
Saturday that relatives have accepted her plea decision. "They are
secure in the knowledge that she knows what she's doing," said
Hardy. "They're not happy, but at the same time they've accepted
it."
If England is sent to prison, her son will live with her mother
and sister, Hardy said, but the family hopes she is not given the
maximum 11-year sentence. "We just want to bring her back here to
West Virginia," he said. "On behalf of the family, we're confident
the military will look at the evidence."
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