Guard to Be Tried in Prison Abuse Case

A military judge Monday rejected a motion to dismiss charges against U.S. Army Spc. Sabrina Harman and said she would go to trial in May for allegedly abusing Iraqi prisoners at Abu Ghraib.

Harman, a 27-year-old reservist, was in a unit of Army guards at the Iraqi prison who snapped photos of themselves appearing to abuse naked prisoners.

Her attorneys asked military judge Col. James Pohl to dismiss three of five maltreatment charges on grounds that prisoners in some of the photographs were hooded and therefore did not feel the pain and suffering the charges require for prosecution.

Pohl rejected the argument.

“At this point, I’m certainly not going to grant a dismissal,” he said.

“It strikes me it would be maltreatment if it is communicated to a third party.”

Pohl set Harman’s trial for May 12 at Ft. Hood in central Texas.

Six of the accused soldiers at Abu Ghraib have entered into plea bargains and one, Pvt. Charles A. Graner Jr., the alleged ringleader of abuse, has gone to trial. He was convicted in January and sentenced to 10 years in prison.

A smiling Harman was photographed giving a thumbs-up while standing next to the body of a prisoner who died while in custody.

She also was photographed with Graner, who may testify in her case, standing behind naked prisoners stacked on top of each other in a human pyramid.

Along with maltreatment charges, Harman is accused of conspiracy and dereliction of duty and could face up to 6 1/2 years in prison if convicted.

She has said that the Abu Ghraib guards were attempting to break the prisoners down so they would talk to investigators.

Defense attorney Frank Spiller said Harman would not negotiate a plea bargain with prosecutors “because she is not guilty.”