Charles Graner
Encyclopedia
Charles A. Graner, Jr., (born 1968) is a former U.S. Army
reservist who was convicted of prisoner abuse
in connection with the 2003–2004 Abu Ghraib prisoner abuse scandal. Graner, with other soldiers from his unit, the 372nd Military Police Company, was accused of allowing and inflicting sexual
, physical
, and psychological abuse
of Iraqi
prisoners of war in Abu Ghraib Prison
, a notorious prison
in Baghdad
during the United States
' occupation of Iraq. He was also convicted of conspiracy
to maltreat detainees, failing to protect detainees from abuse, cruelty, and maltreatment, as well as charges of assault
, indecency, and dereliction of duty
. He was found guilty of all charges on January 14, 2005, and sentenced to 10 years in prison, demotion to private, dishonorable discharge and forfeiture of pay and allowances. Charges of adultery and obstruction of justice
were dropped before trial. On August 6, 2011, Graner was released from the United States Disciplinary Barracks
at Fort Leavenworth, Kansas after serving six and a half years of his 10 year sentence.
Graner held the rank of Specialist
in the company during his tour of duty in Iraq
. While in Iraq, Specialist Lynndie England
, also implicated in the prisoner scandal, became pregnant, allegedly by him. (In documentary film "Standard Operating Procedure" England states that she was pregnant by him - although he was first excited, he later denied it and does not see her or their child - and had a son.)
in Baldwin, Allegheny County, Pennsylvania, a suburb of Pittsburgh
. He was a member of the Student Council, Student Council Executive Board, Drama Club and Math League.
John Castaneda, a family friend for 30 years, was quoted as saying "I feel so bad. He was a real good guy. I have nothing but good things to say about Chuck. Never once did Chuck give anyone a problem. It was always 'Yes, sir' or 'No, sir.' He wouldn't even call my wife and me by our first names. It was always 'Mr.' and 'Mrs.'"
After graduating in 1986, Graner attended the University of Pittsburgh
for two years before dropping out to join the Marine Corps Reserve in April 1988. He had the Marine Corps emblem
and the letters "USMC" tattoo
ed on his upper right biceps.
On June 15, 1990, Graner married Staci M. Dean, a 19-year-old from Ohiopyle, Pennsylvania
. The marriage took place in Farmington after she became pregnant with the first of their two children. On the marriage license
application, Graner listed his occupation as "construction worker."
Trained as a military police soldier, he served in the Persian Gulf War
in 1991. He was in the Marines until May 1996, when he left with the rank of Lance Corporal.
, serving with the 2nd MP Co, originally of 4th FSSG, 4th Marine Division, a Marine Reserve unit based in Pittsburgh, Pennsylvania. On January 11, 1991, he arrived in Saudi Arabia
, taking part in Operation Desert Storm. From there, he traveled to the largest prisoner-of-war camp near the Saudi
-Kuwait
i border, where he worked for about six weeks.
The Los Angeles Times
interviewed Ross Guidotti, who served at the camp with Graner. Guidotti recalled the night he described as "scary as hell" for him, Graner and about 110 other Marines standing guard. Around 4,000 of the camp's 20,000 captured Iraqis had threatened to riot after "a fierce rain and wind storm blew apart a makeshift mess hall where they were being fed". Panicked, Iraqi prisoners pushed other prisoners into the razor wire that surrounded the camp, and screaming in Arabic, "Kill us! We're dogs! We're going to die anyway!" Guidotti remembered grabbing a loaded shotgun and thinking "I'm dead." Despite being what Guidotti described as "one of those moments when someone could have set off a massacre", the crisis was brought to an end when more rations were found to feed the Iraqis; a simple solution that made it into the official Marine history of Desert Storm. Later, following President George H. W. Bush
's order for a cease-fire by the end of February 1991, several soldiers including Guidotti and Graner returned home on May 15. Guidotti stated, "Before Chuck Graner ever became known as this sadistic criminal, I'm going to tell you what I saw — the last image of Chuck Graner burned into my mind: I guess he's 22, his eyes red with tears, crying, holding his little girl with his wife beside him."
, a coal mining
area of 12,500 people in southwestern Pennsylvania, where his wife's family resided. From 1990 to 1994, he worked as a school custodian. In 1994, he began working as a Corrections officer at Fayette County
Prison in a shift with a "no-nonsense reputation." Once, Graner was accused of putting mace
in a new guard's coffee
as a joke, causing him to be sick.
In May 1996, he moved to the State Correctional Institution - Greene, a maximum-security prison in Greene County, Pennsylvania
. Almost 70 percent of the inmates were black, many from large cities, but it was located in a rural part of the state and more than 90 percent of the guards were white. Guards at the prison were accused of beating and sexually assaulting
prisoners and conducting cavity searches in view of other prisoners. There were also reports of racism
, including reports of guards writing "KKK
" in the blood of a beaten prisoner. In 1998, two guards were fired and 20 others were suspended, demoted or reprimanded for prisoner abuse.
In 1998, a prisoner accused Graner and three other guards of planting a razor blade in his food, causing his mouth to bleed when he ate it. The prisoner accused the guards of first ignoring his cries for help and then punching and kicking him when they took him to the nurse. Graner was accused of telling him to "Shut up, nigger, before we kill you." The allegations were denied; although a federal magistrate judge
ruled that the charges had "arguable merit in fact and law," the case was dismissed when the prisoner disappeared after his release.
Graner and four other guards were also accused of beating another prisoner who had deliberately flooded his cell, taunting anti-capital punishment
protesters, using racial epithets and telling a Muslim
inmate he had rubbed pork all over his tray of food.
A second lawsuit involving Graner was brought by a prisoner who claimed that guards made him stand on one foot while handcuffed and tripped him. This allegation, however, was ruled to have been made too late under the statute of limitations
.
Soon after, an order of protection was granted against Graner to protect his estranged wife. This resulted from Graner's comment to Dean that "she could keep his gun
s, because he did not need them for what he was going to do to the plaintiff
."
in Iraq.
Thirteen prisoners were interviewed by military investigators after the abuse allegations emerged. Eight of them named Graner as one of the abusers, and the other five described a person fitting his description. The investigation report
named Graner as a ringleader of the abuse.
One of the prisoners, Kasim Mehaddi Hilas, said that one day he asked Graner for the time so that he could pray. Graner handcuffed him to the bars of a cell window and left him there, feet dangling off the floor, for nearly five hours. On another occasion Graner and other soldiers tied a prisoner to a bed and sodomized
him with a phosphoric light while another soldier took photographs.
Another prisoner, Abdou Hussain Saad Faleh, said Graner forced him to stand on a food box, naked except for a blanket. Another soldier then put a bag over his head and electrodes on his fingers, toes and penis
. The picture of this incident was one of the first pictures whose publication prompted the investigation.
A third prisoner, Mohanded Juma Juma, said Graner often threw food into the toilets and told the prisoners to eat it.
Spec. Jeremy Sivits
, a soldier who pleaded guilty to charges relating to the Abu Ghraib investigation, alleged that Graner once punched a prisoner in the head so hard that he lost consciousness.
. On August 23, Graner appeared before military judge Colonel James Pohl at a high-security Army base in the city of Mannheim
in southwest Germany. On that day, Article 39a hearings were held. These preliminary hearings usually function as an arraignment
and allow the judge to hear and decide on motions
made by the prosecutor and the defense. Graner appeared with Specialist Megan Ambuhl
, along with his civilian attorneys and appointed military defense lawyers.
During the Article 39a hearing, attorneys for Harman and Graner made discovery
motions. Pohn set a deadline of September 10 for the government to provide the defense team with the documents requested, and ordered the release of a U.S. Army report performed by the Criminal Investigational Division on investigative procedures, as well as the Schlesinger panel report.
Graner's attorney (as well as attorneys for several others charged) also moved to suppress evidence of statements made to Army investigators during interrogation
s, as well as seizure of a computer. Also requested was a change of venue, because some witnesses could not be compelled to come to Iraq to testify. In addition, the defense sought immunity from prosecution for several people so they may testify for the defense. The judge denied all three motions, and also ruled that video testimony and deposition
s could be used as evidence.
.
was seated, consisting of four officers and six enlisted men—all of whom had served in either Iraq
or Afghanistan
. Under military law, seven court members must vote guilty to convict a person of each charge.
Graner entered a not-guilty plea to each of the five charges. Two officers detailed as members of the court were not seated—Colonel Allen Batschelet for saying he was embarrassed as an Army officer after seeing the photos and had strong views about the case, and Lieutenant Colonel Mark Kormos by the prosecutors for no reason given.
During the session a list of potential witnesses was also made public. It included three other soldiers in Graner's unit from western Pennsylvania: Captain Donald Reese of New Stanton
, Specialist Jeremy Sivits
of Bedford County
, and Sergeant Joseph Darby
of Somerset County
. Reese was the unit commander and had been reprimanded in connection with Abu Ghraib; Sivits had already pled guilty in a plea bargain; Darby was the soldier who first reported the situation at Abu Ghraib. At the hearing several other possible witnesses were listed, including the prerecorded video depositions
of three Iraqi prisoners — two for the prosecution and one for the defense. Graner's lawyer, Guy Womack, said he was not sure whether Graner would testify for himself.
After the hearing journalists interviewed Graner outside the courtroom, where Graner expressed a positive attitude, saying "Whatever happens here is going to happen. I still try to stay positive."
s began on January 10. During this hearing, witness testimony
began. Three soldiers in Graner's unit testified; the first was Specialist Matthew Wisdom, who first reported the situation at Abu Ghraib. Wisdom said that Graner had enjoyed beating inmates (saying that he had laughed, whistled, and sung) and was the one who first thought of arranging the prisoners in naked human pyramids and other positions. On this day the judge-advocate Michael Hunter, banned any further reporting of the hearing.
Testimony continued the next day, as Syria
n foreign fighter Ameed al-Sheikh told the court in video testimony that Graner has beaten him while he was recovering from a bullet wound. Al-Sheikh described Graner as the "primary torture
r" and said that he had forced him to eat pork, drink alcohol, and thank Jesus
for keeping him alive. Another detainee, Hussein Mutar, testified that Graner had forced him, like al-Sheikh, to eat pork, drink alcohol, and curse Islam. He was also forced to masturbate
in public and was one of the men stacked into a pyramid naked.
On January 11, military prosecutors also presented evidence not publicly released, including a video of forced group masturbation and a picture of a female prisoner being forced to show her breasts.
detainee to death with MI there" before Pohl cut him off.
A formal complaint about the abuse was filed by Specialist Matthew Wisdom in November 2003 but was ignored by the military. Private Ivan Frederick (previously convicted of abuse) said he had consulted six senior officers, ranging from captains to lieutenant-colonels, about the guards' actions but was never told to stop. Despite this, the prosecution did not call any senior officers to testify. Womack suggests that this was not because they "just forgot" to do so.
White House Counsel
Alberto Gonzales
had issued a memo which defined torture very narrowly as "intentionally causing permanent damage to vital organs or permanent emotional trauma". This would have excluded Graner's acts of intimidation. However the prosecution argued that even if he was following orders from senior officers, he should have known that the orders were illegal.
Defense lawyer Guy Womack contended that Graner and the six other Abu Ghraib guards charged with abuses were being scapegoated. For example, the Washington Post reported in 2004 that a torture position known as a "Palestinian hanging
", where a prisoner is suspended by their hands behind their back, was approved by the Bush administration for use in CIA interrogations (termed an "enhanced interrogation technique" by the CIA).
Graner's mother, Irma Graner said, "You know it's the higher-ups that should be on trial... they let the little guys take the fall for them. But the truth will come out eventually."
Graner was imprisoned in the United States Disciplinary Barracks
in Leavenworth, Kansas
.
In 2005, while serving time for his role in the Abu Ghraib scandal, Graner married fellow Abu Ghraib guard Megan Ambuhl
. Because she was not permitted to see him for the first 2.5 years of his incarceration, a friend stood in for him during the wedding. Ambuhl previously pled guilty to two minor charges but served no jail time and was discharged.
Upon his release from prison after serving six and one half years of a ten year sentence, Graner and his wife have declined interview requests. Graner will remain on parole until December 2014.
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
reservist who was convicted of prisoner abuse
Prisoner abuse
Prisoner abuse is the mistreatment of persons while they are under arrest or incarcerated.Abuse falling into this category includes:* Physical abuse: Needless beating, hitting, or other corporal punishment....
in connection with the 2003–2004 Abu Ghraib prisoner abuse scandal. Graner, with other soldiers from his unit, the 372nd Military Police Company, was accused of allowing and inflicting sexual
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
, physical
Physical abuse
Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
, and psychological abuse
Psychological abuse
Psychological abuse, also referred to as emotional abuse or mental abuse, is a form of abuse characterized by a person subjecting or exposing another to behavior that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder...
of Iraqi
Iraqi people
The Iraqi people or Mesopotamian people are natives or inhabitants of the country of Iraq, known since antiquity as Mesopotamia , with a large diaspora throughout the Arab World, Europe, the Americas, and...
prisoners of war in Abu Ghraib Prison
Abu Ghraib prison
The Baghdad Central Prison, formerly known as Abu Ghraib prison is in Abu Ghraib, an Iraqi city 32 km west of Baghdad. It was built by British contractors in the 1950s....
, a notorious prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
in Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
during the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
' occupation of Iraq. He was also convicted of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to maltreat detainees, failing to protect detainees from abuse, cruelty, and maltreatment, as well as charges of assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, indecency, and dereliction of duty
Dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties or has incapacitated himself in such a way that he cannot perform his duties...
. He was found guilty of all charges on January 14, 2005, and sentenced to 10 years in prison, demotion to private, dishonorable discharge and forfeiture of pay and allowances. Charges of adultery and obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
were dropped before trial. On August 6, 2011, Graner was released from the United States Disciplinary Barracks
United States Disciplinary Barracks
The United States Disciplinary Barracks is a military prison located on Fort Leavenworth, a United States Army post in Kansas....
at Fort Leavenworth, Kansas after serving six and a half years of his 10 year sentence.
Graner held the rank of Specialist
Specialist (rank)
Specialist is one of the four junior enlisted ranks in the U.S. Army, just above Private First Class and equivalent in pay grade to Corporal. Unlike Corporals, Specialists are not considered junior non-commissioned officers...
in the company during his tour of duty in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
. While in Iraq, Specialist Lynndie England
Lynndie England
Lynndie Rana England is a former United States Army reservist who served in the 372nd Military Police Company. She was one of eleven military personnel convicted in 2005 by Army courts-martial in connection with the torture and prisoner abuse at Abu Ghraib prison in Baghdad during the occupation...
, also implicated in the prisoner scandal, became pregnant, allegedly by him. (In documentary film "Standard Operating Procedure" England states that she was pregnant by him - although he was first excited, he later denied it and does not see her or their child - and had a son.)
Birth and early life
Graner went to Baldwin High SchoolBaldwin High School (Baldwin, Pennsylvania)
Baldwin High School is in suburban Pittsburgh, Pennsylvania. It is the third largest public school in the Pittsburgh area. The district serves the communities of: Baldwin, Whitehall and Baldwin Township. Baldwin currently offers 15 Advanced placement courses....
in Baldwin, Allegheny County, Pennsylvania, a suburb of Pittsburgh
Pittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
. He was a member of the Student Council, Student Council Executive Board, Drama Club and Math League.
John Castaneda, a family friend for 30 years, was quoted as saying "I feel so bad. He was a real good guy. I have nothing but good things to say about Chuck. Never once did Chuck give anyone a problem. It was always 'Yes, sir' or 'No, sir.' He wouldn't even call my wife and me by our first names. It was always 'Mr.' and 'Mrs.'"
After graduating in 1986, Graner attended the University of Pittsburgh
University of Pittsburgh
The University of Pittsburgh, commonly referred to as Pitt, is a state-related research university located in Pittsburgh, Pennsylvania, United States. Founded as Pittsburgh Academy in 1787 on what was then the American frontier, Pitt is one of the oldest continuously chartered institutions of...
for two years before dropping out to join the Marine Corps Reserve in April 1988. He had the Marine Corps emblem
Eagle, Globe, and Anchor
The Eagle, Globe, and Anchor is the official emblem and insignia of the United States Marine Corps. The current emblem traces its roots in the designs and ornaments of the early Continental Marines as well as the British Royal Marines. The present emblem, adopted in 1966, differs from the emblem of...
and the letters "USMC" tattoo
Tattoo
A tattoo is made by inserting indelible ink into the dermis layer of the skin to change the pigment. Tattoos on humans are a type of body modification, and tattoos on other animals are most commonly used for identification purposes...
ed on his upper right biceps.
On June 15, 1990, Graner married Staci M. Dean, a 19-year-old from Ohiopyle, Pennsylvania
Ohiopyle, Pennsylvania
Ohiopyle is a borough in Fayette County, Pennsylvania, United States. The population was 77 at the 2000 census. While Ohiopyle has a tiny year-round population, it is often filled with tourists on the weekend, who come take advantage of outdoor recreation...
. The marriage took place in Farmington after she became pregnant with the first of their two children. On the marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
application, Graner listed his occupation as "construction worker."
Trained as a military police soldier, he served in the Persian Gulf War
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
in 1991. He was in the Marines until May 1996, when he left with the rank of Lance Corporal.
Gulf War
Graner was deployed during the Gulf WarGulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
, serving with the 2nd MP Co, originally of 4th FSSG, 4th Marine Division, a Marine Reserve unit based in Pittsburgh, Pennsylvania. On January 11, 1991, he arrived in Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, taking part in Operation Desert Storm. From there, he traveled to the largest prisoner-of-war camp near the Saudi
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
-Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
i border, where he worked for about six weeks.
The Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
interviewed Ross Guidotti, who served at the camp with Graner. Guidotti recalled the night he described as "scary as hell" for him, Graner and about 110 other Marines standing guard. Around 4,000 of the camp's 20,000 captured Iraqis had threatened to riot after "a fierce rain and wind storm blew apart a makeshift mess hall where they were being fed". Panicked, Iraqi prisoners pushed other prisoners into the razor wire that surrounded the camp, and screaming in Arabic, "Kill us! We're dogs! We're going to die anyway!" Guidotti remembered grabbing a loaded shotgun and thinking "I'm dead." Despite being what Guidotti described as "one of those moments when someone could have set off a massacre", the crisis was brought to an end when more rations were found to feed the Iraqis; a simple solution that made it into the official Marine history of Desert Storm. Later, following President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
's order for a cease-fire by the end of February 1991, several soldiers including Guidotti and Graner returned home on May 15. Guidotti stated, "Before Chuck Graner ever became known as this sadistic criminal, I'm going to tell you what I saw — the last image of Chuck Graner burned into my mind: I guess he's 22, his eyes red with tears, crying, holding his little girl with his wife beside him."
Prison guard
After his marriage, he moved to Butler, PennsylvaniaButler, Pennsylvania
The city of Butler is the county seat of Butler County in the U.S. state of Pennsylvania, situated north of Pittsburgh. The population was 15,121 at the 2000 census.- History :...
, a coal mining
Coal mining
The goal of coal mining is to obtain coal from the ground. Coal is valued for its energy content, and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from iron ore and for cement production. In the United States,...
area of 12,500 people in southwestern Pennsylvania, where his wife's family resided. From 1990 to 1994, he worked as a school custodian. In 1994, he began working as a Corrections officer at Fayette County
Fayette County, Pennsylvania
Fayette County is a county located in the U.S. state of Pennsylvania. As of the2010 census, the population was 136,606. The county is part of the Pittsburgh Metropolitan Statistical Area....
Prison in a shift with a "no-nonsense reputation." Once, Graner was accused of putting mace
Mace (spray)
Chemical Mace is a tear gas in the form of an aerosol spray which propels a lachrymatory agent mixed with a volatile solvent. It is sometimes used as a self-defense device...
in a new guard's coffee
Coffee
Coffee is a brewed beverage with a dark,init brooo acidic flavor prepared from the roasted seeds of the coffee plant, colloquially called coffee beans. The beans are found in coffee cherries, which grow on trees cultivated in over 70 countries, primarily in equatorial Latin America, Southeast Asia,...
as a joke, causing him to be sick.
In May 1996, he moved to the State Correctional Institution - Greene, a maximum-security prison in Greene County, Pennsylvania
Greene County, Pennsylvania
-Demographics:As of the census of 2000, there were 40,672 people, 15,060 households, and 10,587 families residing in the county. The population density was 71 people per square mile . There were 16,678 housing units at an average density of 29 per square mile...
. Almost 70 percent of the inmates were black, many from large cities, but it was located in a rural part of the state and more than 90 percent of the guards were white. Guards at the prison were accused of beating and sexually assaulting
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
prisoners and conducting cavity searches in view of other prisoners. There were also reports of racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, including reports of guards writing "KKK
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
" in the blood of a beaten prisoner. In 1998, two guards were fired and 20 others were suspended, demoted or reprimanded for prisoner abuse.
In 1998, a prisoner accused Graner and three other guards of planting a razor blade in his food, causing his mouth to bleed when he ate it. The prisoner accused the guards of first ignoring his cries for help and then punching and kicking him when they took him to the nurse. Graner was accused of telling him to "Shut up, nigger, before we kill you." The allegations were denied; although a federal magistrate judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
ruled that the charges had "arguable merit in fact and law," the case was dismissed when the prisoner disappeared after his release.
Graner and four other guards were also accused of beating another prisoner who had deliberately flooded his cell, taunting anti-capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
protesters, using racial epithets and telling a Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
inmate he had rubbed pork all over his tray of food.
A second lawsuit involving Graner was brought by a prisoner who claimed that guards made him stand on one foot while handcuffed and tripped him. This allegation, however, was ruled to have been made too late under the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
.
Domestic abuse
In May 1997, Graner's wife and mother of their two children filed for divorce and sought a protection order, saying Graner had threatened to kill her. A six month order was granted, unopposed by Graner. Shortly after the first one expired, Staci Dean was granted a second protection order, saying Graner had come to her house, thrown her against some furniture, thrown her on the bed, grabbed her arm and hit her face with her arm. Three years later, Dean called police after Graner came to her house and attacked her. Dean said Graner had "yanked me out of bed by my hair, dragging me and all the covers into the hall and tried to throw me down the steps." Afterwards, Graner called a friend of Dean's and allegedly said, "I have nothing if she's not my wife, she's dead." Graner admitted the attack and a third order of protection was granted.Soon after, an order of protection was granted against Graner to protect his estranged wife. This resulted from Graner's comment to Dean that "she could keep his gun
Gun
A gun is a muzzle or breech-loaded projectile-firing weapon. There are various definitions depending on the nation and branch of service. A "gun" may be distinguished from other firearms in being a crew-served weapon such as a howitzer or mortar, as opposed to a small arm like a rifle or pistol,...
s, because he did not need them for what he was going to do to the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
."
Abu Ghraib
In November 2003, Graner was awarded a commendation from the Army for serving as a MPMilitary police
Military police are police organisations connected with, or part of, the military of a state. The word can have different meanings in different countries, and may refer to:...
in Iraq.
Allegations
Taguba Report
The Taguba Report is the common name of an official Army Regulation 15-6 military inquiry conducted in 2004 into the Abu Ghraib prisoner abuse.-Initiation:...
named Graner as a ringleader of the abuse.
One of the prisoners, Kasim Mehaddi Hilas, said that one day he asked Graner for the time so that he could pray. Graner handcuffed him to the bars of a cell window and left him there, feet dangling off the floor, for nearly five hours. On another occasion Graner and other soldiers tied a prisoner to a bed and sodomized
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
him with a phosphoric light while another soldier took photographs.
Another prisoner, Abdou Hussain Saad Faleh, said Graner forced him to stand on a food box, naked except for a blanket. Another soldier then put a bag over his head and electrodes on his fingers, toes and penis
Penis
The penis is a biological feature of male animals including both vertebrates and invertebrates...
. The picture of this incident was one of the first pictures whose publication prompted the investigation.
A third prisoner, Mohanded Juma Juma, said Graner often threw food into the toilets and told the prisoners to eat it.
Spec. Jeremy Sivits
Jeremy Sivits
Jeremy C. Sivits is a former U.S. Army reservist, one of several soldiers charged and convicted by the U.S. Army in connection with the 2003-2004 Abu Ghraib prisoner abuse scandal in Baghdad, Iraq during and after the 2003 invasion of Iraq...
, a soldier who pleaded guilty to charges relating to the Abu Ghraib investigation, alleged that Graner once punched a prisoner in the head so hard that he lost consciousness.
Timeline
- 2002: Graner joins the Army Reserve.
- May 5, 2003: Graner called to active duty in Iraq.
- 2003–2004 Abu Ghraib prisoner abuse:
- Specialist Sabrina Harman testified as to Graner's assignment, "It is Graner and Frederick's job [...] to get these people to talk" for military intelligence officers and for 'OGA,' short for 'Other Government Agency,' a nickname for the CIA."
- Graner appears in several pictures with his fellow guards Lynndie England and Sabrina Harman, giving the thumbs up in front of nude prisoners. In one photo, Graner poses over the dead body of Manadel al-JamadiManadel al-JamadiManadel al-Jamadi was an Iraqi prisoner who died in United States custody during interrogation at Abu Ghraib Prison on November 4, 2003. His name became known in 2004 when the Abu Ghraib scandal made news; his corpse packed in ice was the background for widely-reprinted photographs of grinning...
, an Iraqi prisoner; a small patch of blood can be seen on al-Jamadi's right temple and his eyes are sealed closed with tape. According to Spc. Jason Kenner's testimony, al-Jamadi was brought to the prison by Navy SEALs in good health; Kenner says he saw that al-Jamadi looked extensively bruised when he was brought out of the showers, dead. According to Kenner a "battle" took place among CIA and military interrogators over who should dispose of the body. Capt. Donald Reese, company commander of 372nd Military Police Company, gave testimony about al-Jamadi's death, saying he saw the dead prisoner. Reese testified, "I was told that when he was brought in, he was combative, that they took him up to the room and during the interrogation he passed." Reese stated the corpse was locked in a shower room overnight, which is where he first saw him. Reese says he was first told the man had died of a heart attack, but when he saw him he "was bleeding from the head, nose, mouth". The body was then autopsied, concluding that the cause of death was a blood clot from trauma. - Prisoner Kasim Mehaddi Hilas testifies regarding his experiences at Abu Ghraib, telling investigators that Graner had cuffed him to the bars of a cell window, after Hilas had asked Graner what time it was because he wanted to pray. Graner left him, feet dangling above the floor, for almost five hours. Hilas also detailed events he had witnessed of Graner and some of his fellow soldiers sodomizing and otherwise abusing other detainees. These events were also detailed by other prisoners including some of the victims themselves. According to Hilas, Graner also "repeatedly threw the detainees' meals into the toilets and said, 'Eat it.'"
- Spec. Joseph M. Darby, who reported what was happening in the prison, was stated that he had asked Graner, when he was the MP in charge of the tier's night shift, "if he had any photographs of the cell where the shooting took place." Darby received two CDs of photographs from Graner. Darby told investigators, "I thought the discs just had pictures of Iraq, the cell where the shooting occurred." However, the discs contained "hundreds of photographs showing naked detainees being abused by U.S. soldiers." Feeling that what he had seen was "just wrong", Darby was compelled to do something about it. Upon being confronted by Darby, Graner responded, "The ChristianChristianityChristianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
in me says it's wrong, but the corrections officer in me says, 'I love to make a grown man piss himself." - Julie Scelfo and Rod Nordland of NewsweekNewsweekNewsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
reported, "One military investigator wrote in his notes on Graner: 'the biggest S.O.B. on earth,' a comment he underlined twice."
- May 14, 2004: U.S. Army files seven criminal charges against Graner under the Uniform Code of Military JusticeUniform Code of Military JusticeThe Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
, with punishments ranging up to 24.5 years in prisonPrisonA prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
, forfeiture of pay, reduction in rankReduction in rankReduction in rank may refer to two separate concepts:*In military law, a reduction in rank is a demotion in military rank as punishment for a crime or wrongdoing, imposed by a court-martial or other authority...
and a dishonorable discharge:
-
- ConspiracyConspiracy (crime)In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to maltreat detainees; - Dereliction of dutyDereliction of dutyDereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties or has incapacitated himself in such a way that he cannot perform his duties...
for willfully failing to protect detainees from abuse, cruelty and maltreatment; - AssaultAssaultIn law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
ing detainees; - Committing indecent acts;
- AdulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
; - Obstruction of justiceObstruction of justiceThe crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
; - Maltreatment of detainees.
- Conspiracy
- The charges of adultery and obstruction of justice were dropped before the first trial began. Later, other charges were dropped, leaving only the charges for conspiracy to maltreat detainees, assault and committing indecent acts. This made the maximum penalty 17.5 years instead of 24.5 years.
- May 19, 2004: Graner is arraigned along with Staff SergeantStaff SergeantStaff sergeant is a rank of non-commissioned officer used in several countries.The origin of the name is that they were part of the staff of a British army regiment and paid at that level rather than as a member of a battalion or company.-Australia:...
Ivan L. "Chip" Frederick IIIvan FrederickIvan Frederick II , called Chip Frederick, of Buckingham County, Virginia, is a former Staff Sergeant in the United States Army. He was the highest in rank of the seven U.S. military police personnel who have been charged with torturing prisoners at Abu Ghraib prison in Iraq, all of whom were...
and Sergeant Javal Davis. All of them waive their right to have charges read aloud. Their pleas were deferred. On the same day, Jeremy C. Sivits, the first soldier to go on trial, is sentenced to the maximum penalty of one year in prison and a bad conduct discharge. - June 25, 2004: Spc. Israel Rivera, a military intelligence analyst, testifies at a hearing in Baghdad that will decide whether Spc. Sabrina Harman should be court-martialed. Rivera says Graner shouted "homosexual slurs" at three naked prisoners, "ordering them to crawl along the ground so their genitaliaSex organA sex organ, or primary sexual characteristic, as narrowly defined, is any of the anatomical parts of the body which are involved in sexual reproduction and constitute the reproductive system in a complex organism; flowers are the reproductive organs of flowering plants, cones are the reproductive...
had to drag along the floor." According to Rivera, "Graner was shouting things like, "Are you guys fuckFuck"Fuck" is an English word that is generally considered obscene which, in its most literal meaning, refers to the act of sexual intercourse. By extension it may be used to negatively characterize anything that can be dismissed, disdained, defiled, or destroyed."Fuck" can be used as a verb, adverb,...
ing in there" and "fucking fags." - Three key witnesses refused to testify against Graner during a secret hearing on the grounds they might incriminate themselves (see Fifth Amendment to the United States ConstitutionFifth Amendment to the United States ConstitutionThe Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
):- Lieutenant ColonelLieutenant colonelLieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
Steven L. JordanSteven L. JordanLieutenant Colonel Steven L. Jordan is a Civil Affairs officer with the United States Army Reserve. He volunteered to return to active duty to support the war in Iraq, and with a background in military intelligence, was made the director of the Joint Interrogation Debriefing Center at Abu Ghraib...
, who as director of the Joint Interrogation and Debriefing Center at the prison oversaw the interrogationInterrogationInterrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
s; - Captain Donald J. Reese, who was commander of the 372nd Military Police Company, in which Graner served; and
- Adel Nakhla, civilian translatorTranslationTranslation is the communication of the meaning of a source-language text by means of an equivalent target-language text. Whereas interpreting undoubtedly antedates writing, translation began only after the appearance of written literature; there exist partial translations of the Sumerian Epic of...
, employed by private military contractor Titan Corporation, assigned to the 205th Military Intelligence Brigade205th Military Intelligence BrigadeThe U.S. Army's 205th Military Intelligence Brigade and its three battalions have a history dating back to World War II. The brigade has been in a continuous active service since 1944. The brigade was constituted on 12 July 1944 in the Army of the United States as the 205th Counter Intelligence...
; mentioned in the Taguba reportTaguba ReportThe Taguba Report is the common name of an official Army Regulation 15-6 military inquiry conducted in 2004 into the Abu Ghraib prisoner abuse.-Initiation:...
as suspect.
- Lieutenant Colonel
- May 19, 2004: Graner is arraigned along with Staff Sergeant
Article 39a hearing
Due to security problems with holding pre-trial hearings in Baghdad, the case was transferred to GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. On August 23, Graner appeared before military judge Colonel James Pohl at a high-security Army base in the city of Mannheim
Mannheim
Mannheim is a city in southwestern Germany. With about 315,000 inhabitants, Mannheim is the second-largest city in the Bundesland of Baden-Württemberg, following the capital city of Stuttgart....
in southwest Germany. On that day, Article 39a hearings were held. These preliminary hearings usually function as an arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
and allow the judge to hear and decide on motions
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
made by the prosecutor and the defense. Graner appeared with Specialist Megan Ambuhl
Megan Ambuhl
Megan M. Ambuhl is a former United States Army reservist and member of the 372nd Military Police Company who was convicted in court-martial in connection with the Abu Ghraib torture and prisoner abuse.-Life and career:Ambuhl was born in Centreville, Virginia...
, along with his civilian attorneys and appointed military defense lawyers.
During the Article 39a hearing, attorneys for Harman and Graner made discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
motions. Pohn set a deadline of September 10 for the government to provide the defense team with the documents requested, and ordered the release of a U.S. Army report performed by the Criminal Investigational Division on investigative procedures, as well as the Schlesinger panel report.
Graner's attorney (as well as attorneys for several others charged) also moved to suppress evidence of statements made to Army investigators during interrogation
Interrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
s, as well as seizure of a computer. Also requested was a change of venue, because some witnesses could not be compelled to come to Iraq to testify. In addition, the defense sought immunity from prosecution for several people so they may testify for the defense. The judge denied all three motions, and also ruled that video testimony and deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
s could be used as evidence.
October 22 hearing
Another pre-trial hearing was held on October 22, at Camp Victory in Baghdad, with Pohl again presiding as judge. Pohl set January 7, 2005, as the trial date and again denied a defense motion to grant immunity to several witnesses so they could testify without fear of incrimination. On November 11, Lieutenant Colonel Fred Taylor, a judge advocate in the regional defense counsel's office at Camp Victory, ordered that all further hearings in the case will be held at Fort Hood, TexasTexas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
.
Not guilty plea and court-martial member selection
The trial officially began on January 7, at the Williams Judicial Center in Fort Hood, with Colonel James Pohl presiding. A ten-member, all-male court-martialCourt-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
was seated, consisting of four officers and six enlisted men—all of whom had served in either Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
or Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. Under military law, seven court members must vote guilty to convict a person of each charge.
Graner entered a not-guilty plea to each of the five charges. Two officers detailed as members of the court were not seated—Colonel Allen Batschelet for saying he was embarrassed as an Army officer after seeing the photos and had strong views about the case, and Lieutenant Colonel Mark Kormos by the prosecutors for no reason given.
During the session a list of potential witnesses was also made public. It included three other soldiers in Graner's unit from western Pennsylvania: Captain Donald Reese of New Stanton
New Stanton, Pennsylvania
New Stanton is a borough in Westmoreland County, Pennsylvania, United States. The population was 1,906 at the 2000 census. New Stanton is often used as a control city in western parts of Pennsylvania, as I-70 joins the Pennsylvania Turnpike eastbound towards Breezewood, Pennsylvania in New...
, Specialist Jeremy Sivits
Jeremy Sivits
Jeremy C. Sivits is a former U.S. Army reservist, one of several soldiers charged and convicted by the U.S. Army in connection with the 2003-2004 Abu Ghraib prisoner abuse scandal in Baghdad, Iraq during and after the 2003 invasion of Iraq...
of Bedford County
Bedford County, Pennsylvania
Bedford County is a county located in the U.S. state of Pennsylvania. As of the 2010 census, the population was 49,762. The county seat is Bedford. It is part of the Altoona, Pennsylvania, Metropolitan Statistical Area.- History :...
, and Sergeant Joseph Darby
Joseph Darby
Sergeant Joseph M. Darby , of Corriganville, Maryland, is best known as the whistleblower in the Abu Ghraib torture and prisoner abuse scandal. Darby is a graduate of North Star High School, near his hometown at the time, Jenners, Pennsylvania....
of Somerset County
Somerset County, Pennsylvania
Somerset County is a county located in the state of Pennsylvania. As of 2010, the population was 77,742. Somerset County was created on April 17, 1795, from part of Bedford County and named for Somerset, United Kingdom. Its county seat is Somerset. It is part of the Johnstown, Pennsylvania,...
. Reese was the unit commander and had been reprimanded in connection with Abu Ghraib; Sivits had already pled guilty in a plea bargain; Darby was the soldier who first reported the situation at Abu Ghraib. At the hearing several other possible witnesses were listed, including the prerecorded video depositions
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
of three Iraqi prisoners — two for the prosecution and one for the defense. Graner's lawyer, Guy Womack, said he was not sure whether Graner would testify for himself.
After the hearing journalists interviewed Graner outside the courtroom, where Graner expressed a positive attitude, saying "Whatever happens here is going to happen. I still try to stay positive."
Testimony
Opening statementOpening statement
An opening statement is generally the first occasion that the trier of fact has to hear from a lawyer in a trial, aside possibly from questioning during voir dire. The opening statement is generally constructed to serve as a "road map" for the fact-finder...
s began on January 10. During this hearing, witness testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
began. Three soldiers in Graner's unit testified; the first was Specialist Matthew Wisdom, who first reported the situation at Abu Ghraib. Wisdom said that Graner had enjoyed beating inmates (saying that he had laughed, whistled, and sung) and was the one who first thought of arranging the prisoners in naked human pyramids and other positions. On this day the judge-advocate Michael Hunter, banned any further reporting of the hearing.
Testimony continued the next day, as Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
n foreign fighter Ameed al-Sheikh told the court in video testimony that Graner has beaten him while he was recovering from a bullet wound. Al-Sheikh described Graner as the "primary torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
r" and said that he had forced him to eat pork, drink alcohol, and thank Jesus
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
for keeping him alive. Another detainee, Hussein Mutar, testified that Graner had forced him, like al-Sheikh, to eat pork, drink alcohol, and curse Islam. He was also forced to masturbate
Masturbation
Masturbation refers to sexual stimulation of a person's own genitals, usually to the point of orgasm. The stimulation can be performed manually, by use of objects or tools, or by some combination of these methods. Masturbation is a common form of autoeroticism...
in public and was one of the men stacked into a pyramid naked.
On January 11, military prosecutors also presented evidence not publicly released, including a video of forced group masturbation and a picture of a female prisoner being forced to show her breasts.
Following orders
The main defense was that Graner was following orders from, and supervised by, intelligence officers. Graner and others testified that many senior officers were aware of the activities and actively supported them. This is why he was not worried about taking and distributing the photographs which were later used against him. Referring to military intelligence, Graner testified "I nearly beat an MIMilitary intelligence
Military intelligence is a military discipline that exploits a number of information collection and analysis approaches to provide guidance and direction to commanders in support of their decisions....
detainee to death with MI there" before Pohl cut him off.
A formal complaint about the abuse was filed by Specialist Matthew Wisdom in November 2003 but was ignored by the military. Private Ivan Frederick (previously convicted of abuse) said he had consulted six senior officers, ranging from captains to lieutenant-colonels, about the guards' actions but was never told to stop. Despite this, the prosecution did not call any senior officers to testify. Womack suggests that this was not because they "just forgot" to do so.
White House Counsel
White House Counsel
The White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...
Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
had issued a memo which defined torture very narrowly as "intentionally causing permanent damage to vital organs or permanent emotional trauma". This would have excluded Graner's acts of intimidation. However the prosecution argued that even if he was following orders from senior officers, he should have known that the orders were illegal.
Verdict
On January 16, Graner was found guilty and sentenced to 10 years' imprisonment, reduction in rank to private, a dishonorable discharge, and the loss of all pay and benefits.Defense lawyer Guy Womack contended that Graner and the six other Abu Ghraib guards charged with abuses were being scapegoated. For example, the Washington Post reported in 2004 that a torture position known as a "Palestinian hanging
Strappado
Strappado is a form of torture in which the victim's hands are first tied behind their back and suspended in the air by means of a rope attached to wrists, which most likely dislocates both arms...
", where a prisoner is suspended by their hands behind their back, was approved by the Bush administration for use in CIA interrogations (termed an "enhanced interrogation technique" by the CIA).
Graner's mother, Irma Graner said, "You know it's the higher-ups that should be on trial... they let the little guys take the fall for them. But the truth will come out eventually."
Life post-trial
United States Disciplinary Barracks
The United States Disciplinary Barracks is a military prison located on Fort Leavenworth, a United States Army post in Kansas....
in Leavenworth, Kansas
Leavenworth, Kansas
Leavenworth is the largest city and county seat of Leavenworth County, in the U.S. state of Kansas and within the Kansas City, Missouri Metropolitan Area. Located in the northeast portion of the state, it is on the west bank of the Missouri River. As of the 2010 census, the city population was...
.
In 2005, while serving time for his role in the Abu Ghraib scandal, Graner married fellow Abu Ghraib guard Megan Ambuhl
Megan Ambuhl
Megan M. Ambuhl is a former United States Army reservist and member of the 372nd Military Police Company who was convicted in court-martial in connection with the Abu Ghraib torture and prisoner abuse.-Life and career:Ambuhl was born in Centreville, Virginia...
. Because she was not permitted to see him for the first 2.5 years of his incarceration, a friend stood in for him during the wedding. Ambuhl previously pled guilty to two minor charges but served no jail time and was discharged.
Upon his release from prison after serving six and one half years of a ten year sentence, Graner and his wife have declined interview requests. Graner will remain on parole until December 2014.
See also
- Standard Operating Procedure (film)Standard Operating Procedure (film)Standard Operating Procedure is a 2008 documentary film which explores the meaning of the photographs taken by U.S. military police at the Abu Ghraib prison in late 2003, the content of which revealed the torture and abuse of its prisoners by U.S. soldiers and subsequently resulted in a public...