Judge declares mistrial in Abu Ghraib abuse case

FORT HOOD, Texas – A military judge Wednesday threw out Pfc. Lynndie England’s guilty plea to abusing Iraqi detainees at Abu Ghraib prison, saying he was not convinced the Army reservist who appeared in some of the most notorious photos in the scandal knew her actions were wrong at the time.

The case will be reviewed again by Fort Hood’s commander, Lt. Gen. Thomas Metz, who will decide what charges, if any, England should face. If she is charged, the case would go back to a military equivalent of a grand jury hearing, an Article 32 proceeding, prosecution spokesman Capt. Cullen Sheppard said.

The military judge, Col. James Pohl, entered a plea of not guilty for England on a charge of conspiring with Pvt. Charles Graner Jr. to maltreat detainees at the Baghdad-area prison and a related charge.

The mistrial came after Graner, the reputed ringleader of the abuse, testified as a defense witness at England’s sentencing hearing that pictures he took of England holding a naked prisoner on a leash at Abu Ghraib were meant to be used as a legitimate training aid for other guards.

When England pleaded guilty Monday, she told the judge she knew that the pictures were being taken purely for the amusement of the guards.

Pohl said her statement and Graner’s could not be reconciled.

“You can’t have a one-person conspiracy,” the judge said before he declared the mistrial and dismissed the sentencing jury.