US judge declares mistrial in Lynndie England case

FORT HOOD, Texas - A military judge on Wednesday declared a mistrial in the case of Lynndie England, a key figure in the Iraq prisoner abuse scandal, after evidence at her trial undermined her deal with prosecutors to plead guilty. 

"This trial is going to stop today and pick up at some time in the future," the judge, Col. James Pohl, told the military court. "There can be no findings of guilty that can be declared at this point." 

Pohl had repeatedly interrupted proceedings to warn that testimony by England, 22, and other witnesses speaking on her behalf, which was meant as mitigation to secure a shorter prison term, was verging on a statement of her innocence. 

"Both sides have indicated to me there is no way to resolve this inconsistency," Pohl told the court after a recess to discuss the issue on Wednesday afternoon. 

The case will be sent back to the military's convening authority which will restart the process, which could take months. 

Pictures of England smiling as she stood with naked and humiliated Iraqis, including one in which she held a detainee on a leash, are the most prominent images of the abuse scandal at Abu Ghraib prison outside Baghdad which dates from 2003. 

Seven other guards involved have already pleaded guilty. 

The judge acted after hearing evidence from convicted abuser Charles Graner which he said undermined her acceptance of guilt. "There is evidence being presented that you are not guilty," Pohl told Pfc. England. 

Graner, England's former lover, said one of the central acts of the case -- in which England appeared holding a naked prisoner on a leash -- was a legitimate prison procedure. 

"If you don't believe you are guilty, if you honestly believe you were doing what Graner told you to do, then you can't plead guilty," the judge said. 

Under her deal, England had pleaded guilty to seven counts of abuse in return for a shorter sentence and the dropping of two charges. 

In a televised interview last year, England said she was just following orders, and took a similar line when the judge first asked her about her guilty plea on Monday. 

"I assumed it was OK because he (Graner) was an MP (military policeman). He had the background as a corrections officer and with him being older than me I thought he knew what he was doing," she said. Graner outranked England in Iraq, but his rank was reduced to private as part of his sentence. 

Graner, addressing the leash incident in court for the first time, said the prisoner involved had repeatedly threatened and assaulted Americans. 

"I had wrapped what I call the tether around his shoulder and at that point it slid round his neck. I asked (England) to hold the tether and I took three quick pictures," he said. 

Referring to his time as a prison officer in Pennsylvania, Graner said: "I tried to bring what we would have done at Pennsylvania." Explaining the photographs, he said: "Since we had a planned use of force, I documented it." 

As part of her plea deal, England had accepted a sentence, still undisclosed but substantially below the 11-year maximum allowed by the charges. The military panel would have been able to reduce that sentence but may not increase it. 

- REUTERS