Guantanamo Judge Is Urged To Get On With Proceedings

Team Infidel

Forum Spin Doctor
New York Times
April 12, 2008
Pg. 13
By William Glaberson
GUANTÁNAMO BAY, Cuba — Expressing frustration with delays in a war crimes case here, a military prosecutor urged a judge Friday to schedule a trial in one of the most closely watched of the Guantánamo cases.
The remarks were a public sign of growing frustration in the Pentagon with the pace of prosecutions in the military commission system.
“There are real victims in this case” who are awaiting justice, said the prosecutor, Maj. Jeffrey D. Groharing of the Marines. He was referring to the widow and children of Sgt. First Class Christopher J. Speer, who prosecutors say was fatally wounded in Afghanistan by the detainee in the case, Omar Ahmed Khadr.
The prosecution focus on the victims of a killing was a reversal of the more familiar Guantánamo argument that detainees are hurt by delays in proceedings here.
The military judge, Col. Peter E. Brownback III, declined Friday to set a date for the trial, which had been scheduled to begin May 5. Instead, Judge Brownback has set May 8 for a continuation of arguments on numerous issues that must be addressed before a trial can begin.
In all, 14 Guantánamo detainees now face charges, including six charged with the Sept. 11 attacks. The Khadr case is one of only two that have been expected to reach trial in coming months, so it was notable that prosecutors were expressing concerns about its pace.
Mr. Khadr is a Canadian who was 15 when he was first detained. His lawyers have argued that the charges against him are a violation of international rules providing special treatment to child soldiers.
Mr. Khadr’s lead lawyer, Lt. Cmdr. William C. Kuebler of the Navy, has also regularly attacked the military commission system and said in interviews that Canadians should pressure their government to seek the return of Mr. Khadr to be tried there.
“I don’t believe anyone can get an acquittal at Guantánamo Bay,” he told reporters Friday.
Each side blamed the other for the delays. Major Groharing said Commander Kuebler had spent his time giving interviews and trying to provoke political pressure from Canada instead of working on trial preparation.
Commander Kuebler said prosecutors were blocking defense efforts to get evidence that he said could help prove his client’s innocence.
As an example, Commander Kuebler said, some witnesses to the firefight in which Sergeant Speer was fatally wounded have suggested he may have been killed by American fire.
The chief prosecutor, Col. Lawrence J. Morris of the Army, said, “That assertion will be proved groundless in court.”
In his comments to the judge, Major Groharing said delays in the case were setting back the administration of justice.
He urged the judge to set a date for the trial, “so we can try this case before a military commission, not before the media and not before a foreign government.”
 
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