U.S. military to turn over AP photographer to Iraqi court

The U.S. military has decided to turn over an Associated Press photographer to an Iraqi court for criminal prosecution, accusing him of having links to terrorist groups operating inside Iraq.

The photographer, Iraq native Bilal Hussein, was taken into custody by U.S. troops in Ramadi 19 months ago and has been detained ever since. Although an AP lawyer said Hussein has been held with little evidence, Pentagon press secretary Geoff Morrell said Monday that the military decided to bring a criminal case after new evidence was uncovered.

“This case does not hinge on a single piece of evidence but rather a range of evidence that makes it clearer than before that Bilal Hussein is a terrorist media operative who infiltrated the AP,” Morrell said.

AP officials have vigorously protested Hussein’s detention and the difficulties they have had in legally defending him. Its own investigation supported none of the military’s suspicions, the news organization has reported.

According to an AP investigation, Hussein was picked up after a bombing in Ramadi in April 2006 when he offered shelter and food to others fleeing the explosion.

Dave Tomlin, an associate general counsel for the AP, said Hussein did not personally know those fleeing, but the military linked him to them after finding them in the same home.

“There’s been lots of suspicions and rumors about who those people were, but nothing that constitutes proof,” Tomlin said.

Morrell said two others in the house were detained. One was convicted of having false identification. Morrell said Hussein was found with “insurgent propaganda,” materials for making roadside bombs and surveillance photos of military installations.

Morrell added that military officials had prior suspicions about Hussein, saying he had appeared at scenes of terrorist attacks with what appeared to be prior knowledge of assault plans.

Hussein, a 36-year-old native of Fallouja, was part of the AP’s team of photographers that won the Pulitzer Prize for breaking news photography in 2005.

Tomlin said the news service was informed late last week that Hussein would be turned over to Iraqi authorities by the end of the month, although it was not told the specific date of a hearing to determine if the case should go to trial.

An attorney hired by the AP, New York-based Paul G. Gardephe, will fly to Baghdad on Sunday, Tomlin said. The military has not informed any AP lawyers of what charges will be brought or what new evidence has been uncovered, he added.

“On two weeks’ notice, to be told you’d better get on an airplane . . . it’s a sham of due process,” Tomlin said. “Paul is by no means ready to do anything.”

peter.spiegel@latimes.com