Graner returns to U.S. for court martial
Army Spc. Charles A. Graner Jr. of Uniontown was brought to Fort Hood, Texas, Monday in preparation for his scheduled Jan. 7 court martial for his alleged role in mistreating prisoners in the Abu Ghraib prison in Iraq. Graner, 36, is one of several members of the 372nd Military Police Company based in Cresaptown, Md., that have been charged with abusing prisoners.
The case came to light when photos of Graner and other military personnel posing with nude Iraqi prisoners surfaced in April. Three servicemen have pleaded guilty.
Graner has been restricted to the base at least until a pre-trial hearing on Monday, when his civilian attorney Guy Womack said he will try to have the charges dismissed.
He said he will argue that statements made by President Bush and military officials have tainted any possible military jury.
“I’m asking the court to dismiss on the grounds of unlawful command influences,” Womack said. “The president and the chairman of the Joint Chiefs of Staff have made statements that my client is guilty and there should be punishment.”
Womack said Graner did nothing wrong, was following orders and will be acquitted of the charges.
“He’s done nothing wrong and he’s gong be cleared at the trial,” Womack said.
He said Graner remains on active duty and is not confined at Fort Hood, but he has been restricted to the base.
Graner was placed on active duty for 19 months in May 2003.
Womack said he doesn’t buy the military’s contention that Graner was restricted to base for his own safety.
“That couldn’t be more malarkey,” Womack said. “He has received no threats of any kind. He would be welcomed back in Pennsylvania.”
Graner has lived in Uniontown and worked as a guard at the State Correctional Institution at Greene, but is from Whitehall, a Pittsburgh suburb.
Womack said the restriction amounts to confinement and he will also argue on Monday to have the restriction lifted.
The three servicemen who pleaded guilty were not restricted to base and were allowed to go home before they had to appear in court, he said.
“The government is being nice to them because they pleaded guilty,” Womack said. “They’re not being nice to him.”
If the restriction is lifted, Graner might be able to get a leave to go home, Womack said.
He said he will also argue against the prosecution’s plan to allow defense witnesses to testify through depositions.
Womack said he received an e-mail from prosecutors saying a number of the witnesses the defense requested are no longer on active duty and would be deposed next week because they may not be available to testify at the trial.
He said the defense has a constitutional right to question witnesses at trial and present witnesses favorable to its side, while the government has the authority to compel all witnesses to testify.
The witnesses are not critical to the war against terrorism, and some are back in civilian life, Womack said.
Among the witnesses he hopes to question in court is Sgt. Ivan L. “Chip” Frederick, who was among those who pleaded guilty.
“Specialist Frederick will testify that he gave no orders,” Womack said. “Everything he has to say will help the defense.”
Womack said Graner has also retained a military attorney, Army Capt. John Heath, to assist in his defense.
Editor’s note: The Associated Press contributed to this report.