Today
begins a wrenching legal process: The military trial of five soldiers
in the murder of three Afghan civilians in Kandahar earlier this year.
Already, there’s a shocking disclosure: There are photographs of the
dead Afghans. And if the Army gets its way, that gruesome evidence won’t
be public.
Spc. Jeremy Morlock goes before a military hearing at Joint Base Lewis-McChord in
Washington State to learn if there’s enough evidence to proceed with his
court martial. Along with four other soldiers from the platoon of the
5th Stryker Brigade, 2nd Infantry Division, Morlock allegedly murdered three Afghans in Kandahar,
where they were deployed from the summer of 2009 until earlier this
year. Allegedly, Morlock was part of a “Kill Team” that the platoon
created to execute Afghans: He supposedly threw a grenade while an
Afghan man passed by as a pretext to open fire. The team’s motive has
yet to be established.
So far, there haven’t been reports of major protests in Afghanistan
in reaction to news of the killings. The aborted plans of a Florida
pastor to burn the Quran earlier this month appear to have attracted more popular outrage so far — perhaps the only mitigating factor for the United States in
this ugly incident. And the Army is taking steps to keep it that way.
A colonel at Lewis-McChord, Barry F. Huggins, has ordered that images
of “casualties or detainees” that might be used as evidence in the case
can’t be publicly disclosed. Yes, that’s right: Apparently there’s
photographic evidence of the team’s kills. A lawyer for one of the
defendants affirmed in an e-mail last week that he discovered “photos of
three dead Afghans with three different soldiers posing, holding up the
decedent’s head. (Each photo was one Afghan, one soldier.),” the New York Times reports.
Release of the images would likely
inflame Afghans and put U.S. troops in danger, Huggins wrote in a
memorandum last week: “[T]he risk of potential prejudice to the
substantive rights of the accused, as well as negative impact on the
reputation of the armed forces, associated with the potential public
dissemination of these images outweighs minimal hardship upon the
accused as a result of this order.” With high-profile security operations to push the Taliban out of Kandahar already underway, it’s easy to understand Huggins’ decision.
That’s not to say it won’t be controversial. President Obama infuriated civil libertarians last year by blocking the court-ordered release of photographs taken between 2002 and 2004 of detainees abused in Afghanistan and
Iraq. It remains to be seen if the decision not to disclose the Kandahar
photographs will face legal challenges.
Morlock faces charges of murder, assault, conspiracy to commit murder, substance abuse and more. As the Seattle Times reports,
should a judge decide to move forward with his military trial — a
decision expected by Tuesday — Morlock could end up serving life or even
sentenced to death if convicted.
The other “Kill Team” soldiers who face murder charges — Staff Sgt.
Calvin Gibbs, Spc. Michael S. Wagnon, Spc. Adam C. Winfield and Pfc.
Andrew Holmes — are expected to face their own pre-trial hearings later this week.
Twelve others face lesser charges as part of the conspiracy. Should a
judge deem them fit to stand trial, it’s unclear when the actual
hearings will proceed.
Something else to watch: Notice that Huggins seeks to prevent the release of photos of “casualties or detainees.” Does that mean that the team abused detainees in their custody?
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http://www.wired.com/dangerroom/2010/09/first-hearing-in-armys-afghanistan-kill-team-begins/#ixzz10lELR57G