Abu Ghraib Suspect’s Statements Inadmissible

In a setback for the prosecution, a military judge ruled Friday that Pfc. Lynndie England’s statements to Army investigators about her actions at Abu Ghraib prison cannot be used as evidence at her upcoming trial.

The judge, Col. James Pohl, said during a pretrial hearing that he believed England did not fully understand the consequences when she waived her rights against self-incrimination before speaking to the investigators in January 2004.

Pohl did not elaborate on his ruling, which came after testimony from expert witnesses who said England tended to try to please people in authority and that she had trouble understanding complex language.

However, the judge did agree to a prosecution request that they be allowed to present evidence to get one of the two statements readmitted.

The statements were important components of the prosecution’s case against England, who is charged with committing abuses at Abu Ghraib, near Baghdad, in 2003.

Capt. Cullen Sheppard, a prosecution spokesman, said prosecutors had other evidence in the case, including television interviews in which England recounted her actions at the prison.

England, 22, a reservist from West Virginia who appeared in some of the most notorious photographs from the scandal, is charged with conspiracy, maltreating detainees and committing an indecent act.

The charges carry a maximum sentence of 11 years in prison.

Earlier in the week, Pohl refused to step aside for the trial, saying he was not to blame for England’s botched attempt in May to plead guilty to illegal acts.

Defense lawyers accused Pohl of undermining England’s guilty plea by asking inappropriate questions of Pvt. Charles Graner, the reputed abuse ringleader who was called by the defense as a sentencing witness.