Abu Ghraib prison abuse trial set to begin

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FORT HOOD, Texas (AP) -- The 10 men picked as jurors in the first Abu Ghraib prison abuse trial have all served in either Iraq or Afghanistan.

The four officers and six enlisted soldiers will hear opening statements Monday in the court-martial of Spc. Charles Graner Jr., the reputed ringleader of the scandal. All are also stationed at Fort Hood.

They will determine whether Graner, 36, of Uniontown, Pennsylvania, was illegally beating inmates or following orders to soften up the detainees for interrogation.

"This case involves terrorists and insurgents and the war on terrorism," defense attorney Guy Womack said. "We could not pick a truer jury of peers than to have a combat veteran tried by combat veterans."

Womack plans to argue Graner was told by higher-ranking soldiers and intelligence agents to rough up the detainees and had no choice but to obey.

Graner, shown in some of the notorious photographs taken inside the Baghdad prison, was upbeat after the jury was picked Friday.

"The sun is shining, the sky is blue and this is America," he said. "Whatever happens is going to happen, but I still feel it's going to be on the positive side."

Under military court rules, Graner can be convicted only if at least seven of the jurors vote guilty on charges that include conspiracy to maltreat Iraqi detainees, assault, dereliction of duty and committing indecent acts. He faces up to 17 1/2 years in a military prison if convicted on all counts.

Graner appears in one photo giving a thumbs-up behind a pile of naked Iraqis. In another, he is cocking his fist as if to punch a detainee.

On Thursday night, Graner gave a different thumbs-up photo to Houston television station KTRK.

This one showed a smiling Graner with his arms around the shoulders of two Iraqis in orange jumpsuits, while a third Iraqi kneeled in front. One of the Iraqis is also smiling and giving a thumbs-up.

Womack told The Associated Press that the photo was taken with Graner's camera after the alleged abuse occurred. He said it was released after he and his client talked about how other photos from Abu Ghraib were taken out of context.

Womack said Friday the soldiers charged are scapegoats and the acts of those who directed the abuse were being ignored.

"If I was prosecuting this case, (Graner and other defendants) would be witnesses and we'd be going after the officers and senior enlisted who gave these orders," he said. "We have to hold the order-giver to a higher standard than the person who was following the order."

Prosecutors are not legally allowed to comment on the case.

A list of potential witnesses was released during jury selection.

Among them are the four other soldiers who have reached plea deals after being charged with Abu Ghraib abuses: Pvt. Ivan Frederick, Spc. Megan Ambuhl, Spc. Jeremy Sivits and Spc. Armin Cruz. They received sentences ranging from demotion to eight years in prison.

Also on the list was Sgt. Joseph Darby, the soldier who first reported that his colleagues were abusing Iraqi inmates at Abu Ghraib.

In addition, three Iraqi detainees were expected to testify in videotaped depositions. One of the Iraqis is listed as a defense witness.

Three more soldiers from the Maryland-based 372nd Military Police Company unit are also awaiting trial at Fort Hood. One is Lynndie England, who in October gave birth to a child who Army prosecutors say was the result of a relationship with Graner.

Charges against England have not yet been formally filed, and her trial date has not been set.