PFC Lynndie England's attempt to plead guilty and avoid a trial on Abu Graib flew apart earlier today during the second day of what was the sentencing phase of her court-martial according to the wire reports. I knew it was not going well on Monday during hearing on the guilty plea when PFC England stated, in so many words, that she did not think what she did was wrong. Such a statement is inconsistent with acceptance of reponsiblity and the requirement that one plead guilty because one is, in fact, guilty. The defense asked for a recess during which the client was no doubt reminded of what she needed to say. She did better after the recess and the plea was accepted. Testimony during the sentencing phase this morning suggested a colorable defense to the charges against her and the judge called a mistrial. I have little doubt there will be no further guilty pleas and PFC England will now face the full measure of military justice. As a federal judge said to me not so long ago when one of my clients flubbed a guilty plea: "Mr. [LMC], the charges against the defendant are serious and he deserves every one of his constitutional rights."
Posted by LMC at May 4, 2005 03:02 PM | TrackBack