Jury at Abu Ghraib civil trial might not be able to reach verdict: judge says
Alexandria, Virginia — The judge presiding over the trial of a military contractor accused of aiding the abuse of prisoners at Iraq’s Abu Ghraib prison two decades ago speculated Wednesday that the jury might not be able to reach a verdict after the end of a seventh day of deliberations.
“It’s a very difficult case,” U.S. District Judge Leonie Brinkema told attorneys in the case Wednesday afternoon, outside the presence of the jury. “I’m not sure we’ll get a verdict.”
The eight-member civil jury in Alexandria has now been deliberating for over a week, longer than the trial itself.
Three former Abu Ghraib detainees have filed a lawsuit against Reston, Virginia-based contractor CACI, which provided civilian interrogators to the prison in 2003 and 2004.
In 2004, a global scandal erupted when photos became public showing American soldiers smiling while inflicting physically and sexually humiliating punishment on naked prisoners.
Prosecutors allege that CACI contributed to their abuse, even if not directly inflicted by interrogators, by instructing military police guarding the prison to impose harsh treatment as a means of “softening up” detainees for interrogation.
CACI has denied wrongdoing and has argued that the military should be held accountable for any wrongdoing.
Although numerous soldiers were sentenced to prison for their role in Abu Ghraib, none of the civilian interrogators were ever charged with a crime.
The jury regularly asked questions during its deliberations. Most have focused on whether CACI or the Army would be responsible for the misconduct of CACI interrogators if those interrogators were integrated, at least to some extent, into the Army’s chain of command.
When the jury asked two pointed questions on Wednesday afternoon about two important pieces of evidence in the case, Brinkema begged to give a substantive answer.
She told the jurors that their role as fact-finders requires them to evaluate the evidence and give it the weight they deem appropriate.
The jury said on Friday that it was at an impasse, but Brinkema instructed the jury at the time to continue working towards consensus.
Jurors gave no indication of how many people believe CACI should be held liable. They are instructed at the start of deliberations never to give the court a numerical breakdown of their positions.
If the jury cannot reach a unanimous verdict, the judge would declare the trial a mistrial and the plaintiffs can request a new trial with a new jury.
The lawsuit is the first filed by Abu Ghraib detainees to be heard by a U.S. jury. It was delayed by 15 years of legal wrangling and multiple attempts by CACI to have the case dismissed.