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Army prosecutor quits Gitmo war court case

In the latest Guantánamo war court tempest, a reserve prosecutor leaves service early in a dispute over whether to settle a terror case

 

The sun sets over Camp Justice and its adjacent tent city, the legal complex of the U.S. Military Commissions, at the U.S. Navy base at Guantánamo Bay,  in Cuba, June 4, 2008.
The sun sets over Camp Justice and its adjacent tent city, the legal complex of the U.S. Military Commissions, at the U.S. Navy base at Guantánamo Bay, in Cuba, June 4, 2008.
ASSOCIATED PRESS

crosenberg@MiamiHerald.com

GUANTANAMO BAY NAVY BASE, Cuba -- An Army prosecutor has resigned from the Guantánamo war court in a crisis of conscience over plans to try a young Afghan accused of throwing a grenade rather than settle the case out of court, according to an affidavit filed with the court Wednesday.

Army Lt. Col. Darrel Vandeveld, a reservist from the Pittsburgh area, becomes the fourth known prosecutor to quit the Pentagon's controversial military commissions, which the Bush administration set up after the Sept. 11, 2001, attacks.

A former chief war crimes prosecutor, Air Force Col. Morris Davis, quit last year, saying he had been pressured to rush trials ahead of the national elections and to sacrifice transparency.

Now, the showdown has taken place in the case of an alleged Afghan foot soldier, Mohammed Jawad, who has garnered little attention, and was expected back before Army Judge Stephen Henley on Thursday for pre-trial hearings. Jawad, about 23, is accused of attempted murder for allegedly throwing a grenade in a Kabul bazaar in December 2002, wounding two U.S. soldiers and their translator.

But the case has taken on increasing significance inside the Defense Department. Testimony at the war court indicated that Air Force Brig. Gen. Thomas Hartmann, former legal advisor at the war court, currently an operations chief, had a particular interest in the case, and cast it as one that could ``capture the imagination of the American people.''

Then, the trial judge ordered a top-level review of the case and the exclusion of Hartmann as legal advisor -- after Army Brig. Gen. Gregory Zanetti, the deputy commander of the prison camps, described Hartmann as employing a ''spray and pray'' strategy of charging war court cases.

Now Vandeveld has written a four-page sworn declaration in which he says there is a risk of the case going to trial without the defense obtaining all ``potentially exculpatory evidence.''

''In my view,'' he wrote, ``evidence we have an obligation as prosecutors and officers of the court has not been made available to the defense.''

Vandeveld also wrote that he has come to accept certain facts that could favor the defense in the case, so he asked to quit the prosecutor's office and serve out his reserve duty in Iraq or Afghanistan.

He wrote that Jawad was captured at 17 or younger, that he may have been duped by a former U.S. allied Afghan terror group, Hezb Islami Gulbuddin, into joining it and that ''it seems plausible to me that Jawad may have been drugged before the alleged attack,'' on Dec. 17, 2002.

Rather than proceed with prosecution of a crime punishable by life in prison, he wrote, Vandeveld wanted to offer a plea agreement for Jawad to serve a short additional sentence, with rehabilitation ``to reintegrate into either Afghan or Pakistani society.''

Jawad's Pentagon-appointed defense counsel, Air Forces Reserves Maj. David Frakt, refused to comment on efforts to reach a pretrial agreement. At the tribunals, Frakt has cast Jawad as a former ''suicidal teenager'' who was subjected to ''pointless and sadistic treatment'' in U.S. custody.

In his affidavit, filed with the war court, Vandeveld declared himself troubled by Jawad's treatment in U.S. custody, and said he had turned over to the defense documents that suggested the Afghan captive was subjected to Guantánamo's sleep deprivation program, rather than segregated as a teen.

''I am a resolute Catholic and take as an article of faith that justice is defined as reparative and restorative,'' he wrote, ``and that Christ's most radical pronouncement -- command, if you will -- is to love one's enemies.''

Vandeveld's boss disputed the showdown was anything more than an ordinary office dispute.

''I don't think he has any ethical qualms of any consequence,'' said the chief prosecutor, Army Col. Lawrence Morris, who noted that rather than being reassigned Vandeveld was being released early from his reserve duty.

He cast Vandeveld as ``somebody who is disappointed that his superiors didn't see the wisdom of his recommendations in the case.''

The Pentagon's deputy chief defense counsel, Mike Berrigan, said the Jawad case illustrated the latest in a series of complaints of a rush to prosecute before the government released all evidence in war court cases.

Morris countered that Vandeveld had chosen to leave early from a ''scrupulous organization'' where, ``when in doubt we disclose every scrap of paper and piece of evidence.''

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