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Judge: Turn Over Torture Evidence

05.08.08 -- 2:55PM
By David Kurtz

Things not going so well for the prosecution in one of the Gitmo trials:

A military judge in the trial of Canadian captive Omar Khadr threatened Thursday to suspend the terror trial unless the prison camp releases a detailed log of Khadr's treatment in more than five years of detention as an alleged al Qaeda terrorist. ...

His attorney, Navy Lt. Cmdr. William Kuebler, wants the log in a pretrial effort to limit the scope of evidence given to a jury of U.S. military officers at his upcoming trial, expected in late summer. He argues the circumstances of some interrogations would exclude some of his statements from the trial.

Thursday morning, the military judge, Army Col. Peter E. Brownback III, agreed with the defense that it should get copies of the log entries from the prison camp's Detainee Information Management System, or DIMS.

Brownback is believed to be the first war court judge to threaten to ''abate'' the proceedings if the prison camp's command staff does not turn over the evidence.

Just goes to show how much difference an independent tribunal -- even one as flawed as this one -- can make.

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