Gitmo judge: No ‘highly coercive’ evidence

[Ichingcarpenter]

Source: AP

GUANTANAMO BAY NAVAL BASE, Cuba - The judge in the first American war crimes trial since World War II barred evidence on Monday that interrogators obtained from Osama bin Laden's driver following his capture in Afghanistan.

Prosecutors are considering whether to appeal the judge's ruling — a development that could halt the trial of Salim Hamdan that began earlier Monday after years of delays and legal setbacks.

"We need to evaluate ... to what extent it has an impact on our ability to fully portray his criminality in this case, but also what it might set out for future cases," said Army Col. Lawrence Morris, the tribunals' chief prosecutor.

The judge, Navy Capt. Keith Allred, said the prosecution cannot use a series of interrogations at the Bagram air base and Panshir, Afghanistan, because of the "highly coercive environments and conditions under which they were made."

At Bagram, Hamdan says he was kept in isolation 24 hours a day with his hands and feet restrained, and armed soldiers prompted him to talk by kneeing him in the back. He says his captors at Panshir repeatedly tied him up, put a bag over his head and knocked him to the ground.

Read more: http://www.msnbc.msn.com/id/25789074/

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I think this might stop the whole charade

[villager]

1. Good God! This judge better stay away from all rooftops and private planes!

The BFEE is suddenly not amused...

[saigon68]

12. Another Criminal Enabler in the Process

[bluerum]

2. Makes sense. Coercing information is as bad as planting "evidence".

[Supersedeas]

26. but it satisfies lil' Pissypants need for revenge and two minutes of hate.

[ForPeace]

3. Could some sanity be returning

to our justice system. Oh, I hope so.

Somewhat off-topic but it's almost as if Obama were already in power. He seems to be negotiating with Iraq in expectation of being President.

[DCKit]

25. No shit. You gotta hope Uribe (Columbia) didn't waste too much time on McSame.

Then again, the more time he spent kissing McCain's flabby old ass, the less time he spent killing his own people.

If there's one thing we need to change - and fast - it's our gubmint's support of dictators and fascists in South and Central America. The BFEE will fight tooth and nail to keep their drug concession, but it's long past time they found an honest way to make a billion.

The cold war mentality we're still practicing - almost 30 years after the fact and a diversion from reality - needs to end with the Obama admistration.

[MannyGoldstein]

4. Thank Goodness

Some sanity. Of course evidence obtained from torture should be barred.

[annabanana]

5. The nerve of that Judge!

Acting like an American Judge like that!

[Liberal Veteran]

6. Damned liberal activist judge his wimpy ideas of coercion!

I can't imagine why anyone would be mistrusting of information uttered from the rack.

[Supersedeas]

31. there will be more than one xenophobe who will point the finger at the Judge

[Arctic Dave]

7. I think this judge sees the writing on the wall

and doesn't want to be in the middle of the shit storm when it hits.

[EFerrari]

11. I think that's right. Still, good news for a change. n/t

[Solly Mack]

8. They gonna use the "cleansed" version instead?

"Clean Team"

[Ichingcarpenter]

9. For 50 days this guy was on the 'Sandman' program

During one month of FBI interrogation, he said, guards rapped on the steel door of his cell every five to 10 minutes all night to wake him for 30 days

Defense lawyers this week discovered military records showing he was subjected to "Operation Sandman," a sleep deprivation program, for 50 days in 2003.

[Solly Mack]

10. Thanks for adding that!

[alfredo]

13. It won't matter what the judge says, bush says they're all guilty, and

who are we to question King George.

[Hissyspit]

21. They won't let him go.

[alfredo]

22. And have him tell his story to the world? No way.

I don't know if this guy was just a guy trying to feed his family, or a hardened criminal, but we won't know for sure because bush just had to torture his prisoners.

[MadMaddie]

14. What they have had this guy for almost 7 years...

and they only had the coerced confessions...how fucking pathetic these people are. This guy will walk, he maybe guilty of something but this Administration and it's war crimes will prevent any true prosecution

[HughMoran]

15. Gitmo trial begins for bin Laden's driver (Judge bars forced Gitmo evidence)

Source: Boston.com (AP)

GUANTANAMO BAY NAVAL BASE, Cuba—The judge in the first American war crimes trial since World War II barred evidence on Monday that interrogators obtained from Osama bin Laden's driver, ruling he was subjected to "highly coercive" conditions in Afghanistan.

But Judge Keith Allred, a Navy captain, left the door open for the prosecution to use statements Salim Hamdan made at Guantanamo, despite defense claims that all of his statements were tainted by alleged abuse including sleep deprivation and solitary confinement.

Hamdan, who was captured at a roadblock in Afghanistan in November 2001, pleaded not guilty at the start of a trial that will be closely watched as the first full test of the Pentagon's system for prosecuting alleged terrorists. He faces a maximum life sentence if convicted of conspiracy and aiding terrorism.

...

The judge said the prosecution cannot use a series of interrogations at the Bagram air base and Panshir, Afghanistan, because of the "highly coercive environments and conditions under which they were made."

...



Read more: http://www.boston.com/news/world/latinamerica/articles/2008/07/21/plea_deal_unlikely_before_gitmo_war_crimes_trial/

---

Hmmm, very interesting!

[Botany]

16. and now bin Laden will have to take a cab!

We have won the war on terror.

[hvn_nbr_2]

17. Tomorrow's news: Captain Allred forced into retirement. nt

[HughMoran]

18. Heh - no doubt n/t

[MadrasT]

19. YAY

:bounce: YAY for Navy Capt. Keith Allred :bounce:

Maybe there's a glimmer of hope, after all...

[dysfunctional press]

20. they should subpoena osama as a witness...

then he'd HAVE to show up...:think:

[Bette Noir]

23. May God bless this judge.

[tismyself]

24. well well

I wonder if General Hartmann feels sexy now, or more bent over a chair - the Form Changing Alien From Hell.

On second thought, don't answer that question.

[The Stranger]

27. I'm glad the names of the participants in these show trials are being published.

[yellowcanine]

28. Coerced testimony is never acceptable in a court. Basic common law.

What the hell is the administration thinking?

[Ichingcarpenter]

29. This is not a "War Crimes" trial but a show trial planned for the elections.

This one judge has done a lot to put a hold on this sham.

The Judge that originally was gonna hear these 'trial's was
dismissed after he had reservations about these 'trials'

US: Guantanamo Judge Not ‘Fired’; Move Simply A ‘Manpower Management Consideration’

The military judge in charge of the U.S. war crimes trials at Guantanamo Bay is defending the removal of the army colonel who presided over Omar Khadr’s case as critics of the process and the Canadian suspect’s lawyers continue to cry foul

In a statement yesterday, Marine Col. Ralph Kohlmann said Col. Peter Brownback was removed because the army had turned down an application to extend his active-duty status.

“It is my understanding that this decision was based on a number of manpower management considerations unrelated to the military commission process,” Kohlmann wrote, noting that “as a general rule, it is inappropriate” to comment on such matters but that the controversy convinced him to speak out.

“My detailing of another judge,” he wrote, “was completely unrelated to any actions that Col. Brownback has taken in this or any other case.”

The surprise announcement of Brownback’s retirement came in an email to senior officials last Thursday. Khadr’s military lawyer, navy Lt.-Cmdr. Bill Kuebler then forwarded the email to the media, speculating that Brownback’s removal was politically motivated.

http://www.commondreams.org/archive/2008/06/03/9392/

[tismyself]

30. He may be

our new Sam Ervin.