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Gitmo Prosecutor Quits Over Lack of Due Process
A prosecutor in the trial against a prisoner who is on trial for war-crimes, has quit the case because of concern over the defendant's lack of due process, defense attorneys claim.
Lt. Col. Darrel Vandeveld filed a four page declaration stating that "potentially exculpatory evidence has not been provided" to the defense.
The prisoner, Mohammed Jawad, has been awaiting trial since his arrest in 2002 for attempting to commit murder for allegedly throwing a grenade into a jeep filled with troops. A judge recently set his trial for December.
From the Los Angeles Times:
"He was uncomfortable being a prosecutor under the conditions, and [his superiors] told him to do his job," [Michael] Berrigan [deputy chief defense counsel for the commissions] said, adding that Vandeveld then took his concerns to higher authorities but was rebuffed.Both defense lawyers said Vandeveld had spelled out his allegations in the sealed affidavit. Vandeveld said in his declaration that prosecutors knew Jawad may have been drugged before the attack and that the Afghan Interior Ministry said two other men had confessed to the same crime.
The lead prosecutor has denied that "ethical qualms" with the trial were behind Vandeveld's motives, describing him as a "disgruntled" prosecutor "who was disappointed that his superiors did not agree with his recommendations in the case."
Josh
Zachary
Lt. Col. Darrel Vandeveld is a real American hero.
September 25, 2008 9:54 AM | Reply | Permalink
The PROSECUTOR quits because of his ethical qualms about the case he is prosecuting and his superiors brand him a "disgruntled" prosecutor? WTF? He has no stomach for kangaroo courts. Plain and simple. Neither do we the people, in spite of what our "government" says it is doing to protect us. Who will protect us from them, if not people like Mr. Vandervelt, who have the courage to put their careers (and possibly their lives) on the line by speaking up? Bravo to this brave man!
September 25, 2008 9:56 AM | Reply | Permalink
The lead prosecutor has denied that "ethical qualms" with the trial were behind Vandeveld's motives, describing him as a "disgruntled" prosecutor "who was disappointed that his superiors did not agree with his recommendations in the case."
Right. Because, you know, the individual tasked with soliciting a conviction of the defendant wouldn't no anything about 'ethics' when he complain of irregularities. Does any reasonable person buy a ridiculous dismissal like that?
Withholding "potentially exculpatory evidence" from the defense is a violation of the Uniform Code of Military Justice, and subjects the matter to dismissal, just as would similar misconduct subject a case to dismissal in a civilian judicial procedure at any level.
Oh, I forgot: these are 'special courts,' with clearly unlawful 'special procedures' put in place to virtually guarantee conviction. That's right - it has never been about the process, simply the result. And so goes that shining beacon of freedom and justice…
September 25, 2008 10:21 AM | Reply | Permalink
Er, 'know anything,' not 'no anything,' but you know what I mean…
September 25, 2008 10:23 AM | Reply | Permalink
Very timely that next week's TPMCafe book is "The Dark Side" by Jane Mayer. That book lays out a devastating case that the ones on trial should be the Bush Administration.
September 25, 2008 10:26 AM | Reply | Permalink
I am sure someone is keeping track of the growing group of Military lawyers who have quit or resigned due to the process established under the Military tribunals. If their system they set up is so sound why has not a single person been brought to justice? Why does every many of the systems basic structures keep getting rebuked by the Supreme Court? If Bush and the rest were just so damn sure that they had things right in regards to handlign terrorism, then why are these things still issues? It has taken him his entire presidency to accomplish nothing but heartache for most of America, and nothing but riches for few of his same ilk.
September 25, 2008 11:45 AM | Reply | Permalink
In civilian courts, prosecutors have an ethical duty to turn over exculpatory material. They don't have discretion to turn it over, it's mandatory. Failure to do so is grounds for reversal, even disciplinary charges. How impressive that even in military proceedings, even under Bush, some prosecutors obey the law.
The charge of being "disgruntled" has often been leveled against whistle-blowers and those afflicted with a sense of ethics.
September 25, 2008 1:10 PM | Reply | Permalink
Guantanamo Prosecutor Lt. Col. Darrel Vandeveld acted as a true professional as a prosecutor when he learned that his team was denying due process to a detainee when it failed to turn over exculpatory material to his attorneys. He was upholding the constitution as he was sworn to do. It makes one wonder why the government is so eager to get a win that it conceals evidence showing the lack of merit to its case against
a GITMO detainee. What kind of operation are we conducting there? A concentration camp?
September 25, 2008 1:17 PM | Reply | Permalink
I know Darrel personally. I am proud to call him my friend. He has long served his country, his community, his faith and his family. I hold this man in the highest regard. Any aspersions or accusations leveled against him by anyone, let alone someone from within a military hierarchy with an active, possibly illegal and likely immoral role in the disputed procedures, are inconceivable to anyone who has ever met this man. His personal integrity is unquestionable. I applaud him and his bold actions. His sons and daughters have a exceptional role model in their father. They are lucky to have him as a father, and we Americans, are lucky to have him representing justice at the highest level. Whatever happens to Darrel should be closely monitored and a wave of outrage and protest should accompany any negative fallout that may stem from his courageous actions. Mark Tanenbaum
October 1, 2008 2:22 AM | Reply | Permalink
Mark, I am a reporter trying to reach you asap about your comments about Darrel Vandeveld, can you please call me at 202-365-2401 as soon as you get this? Thank you.
October 10, 2008 10:43 AM | Reply | Permalink
I saw a report about Lt. Col Darrel Vandeveld on the BBC today (Dec.3)and felt both shocked and moved. Ironically (unlike some of his colleagues) this decent and compassionate man wonders if his actions at Guantanamo in denouncing the inhuman treatment of an unconvicted prisoner would serve any purpose. May I reassure him? Although he evidently has not planned it so, he is reaching millions of viewers and letting his voice be heard. Although few of us know what is really going on at Guantanamo, he was in a position to take a stand and with the help of his Jesuit friend was corageous enough to do so. I and millions of others are glad he did. He is a real hero, the U.S.A. should be very proud of such a man.
December 2, 2008 10:35 PM | Reply | Permalink