LYNNDIE ENGLAND COURT-MARTIAL (2005)

COMPREHENSIVE RESEARCH FILE

Case: United States v. Private First Class Lynndie R. England
Date: September 21 – September 27, 2005 (Second Trial)
Location: Fort Hood, Texas (Williams Judicial Center)
Charges: Conspiracy, Maltreating Detainees, Committing an Indecent Act
Verdict: GUILTY ON SIX OF SEVEN COUNTS

SECTION 1: DEFENDANT PROFILE

1.1 Personal Information

Field	Detail
<strong>Full Name</strong>	Lynndie Rana England
<strong>Birth</strong>	November 8, 1982, Ashland, Kentucky
<strong>Age at Trial</strong>	22 years old
<strong>Military Rank</strong>	Private First Class (PFC), later demoted to Private
<strong>Military Unit</strong>	372nd Military Police Company
<strong>MOS</strong>	Records Clerk

1.2 Family Background

Father: Kenneth R. England Jr.

Railroad maintenance worker
Worked at station in Cumberland, Maryland

Mother: Terrie Bowling England

Worked at a manufacturing plant
Remained publicly supportive of daughter throughout trial

Upbringing:

Born in Ashland, Kentucky
Moved to Fort Ashby, West Virginia at age two
Raised in a trailer park between a sheep farm and a saloon
Area described by locals as “a backwoods world”

Siblings: One younger brother, one married sister

1.3 Education and Early Life

Attended Frankfort High School, Short Gap, West Virginia
Diagnosed with selective mutism (anxiety disorder) as a child
Identified as having learning disabilities in kindergarten
Required special education assistance throughout schooling
Member of Future Farmers of America
Aspired to become a storm chaser/meteorologist
Graduated with her class despite learning disability
Known for wearing combat boots and camouflage fatigues to school

1.4 Marriages and Children

First Marriage:

Husband: James L. Fike
Met while working as cashier at IGA store during junior year
Married: 2002 (after high school graduation)
Divorced: Before deployment to Iraq (within months)

Child:

Son: Carter Allan England
Born: October 2004 (while awaiting trial)
Father: Charles Graner Jr. (confirmed by DNA test)
Graner initially denied paternity
Graner refused involvement in raising the child

SECTION 2: MILITARY CAREER

2.1 Enlistment and Training

Army Reserve Enlistment:

Enlisted: 1999, Cumberland, Maryland
Age: 17 (during junior year of high school)
Unit: 372nd Military Police Company
Location: Army Reserve unit based in Cresaptown, Maryland

Basic Training:

Fort Jackson, South Carolina
Attended during summer after junior year while classmates were on vacation
Completed additional training after graduation

Employment Prior to Deployment:

Worked night shift at a chicken-processing plant in Fort Ashby
Worked as cashier at IGA grocery store

2.2 Deployment to Iraq

Initial Deployment:

Date: June 2003
First Location: Al Hillah, Iraq
Unit: 372nd Military Police Company

Transfer to Abu Ghraib:

Date: October 2003
Reason: Tenfold increase in prison population without corresponding staff increase
Position: Records administration clerk (not trained as prison guard)
Assignment: Support specialist processing paperwork for Military Police

2.3 Unit Structure and Command

372nd Military Police Company:

Army Reserve unit from Cresaptown, Maryland
Part of 320th Military Police Battalion
Under 800th Military Police Brigade

Chain of Command at Abu Ghraib:

Position	Name
Commander, 800th MP Brigade	Brigadier General Janis Karpinski
Commander, 205th Military Intelligence Brigade	Colonel Thomas Pappas
Unit Commander, 372nd MP Company	Captain Donald Reese

Other Soldiers in England’s Unit Charged:

Specialist Charles Graner Jr. (ringleader)
Staff Sergeant Ivan “Chip” Frederick II
Specialist Sabrina Harman
Specialist Megan Ambuhl
Specialist Jeremy Sivits
Specialist Javal Davis
Specialist Armin Cruz

SECTION 3: ABU GHRAIB PRISON ABUSE SCANDAL

3.1 Background on Abu Ghraib Prison

Historical Context:

Location: Abu Ghraib district, approximately 20 miles west of Baghdad
Under Saddam Hussein: Notorious torture and execution facility
Estimated 50,000 prisoners held during Hussein regime
Reopened by U.S. military: August 2003
Function: Largest American detention facility in Iraq

Conditions at Abu Ghraib (October-December 2003):

Overcrowded and under-resourced
Frequent mortar attacks on facility
Inadequate staffing levels
Limited supervision on night shift
Volatile mix of detainees
Lack of clear operational standards

3.2 The Abuse Period

Timeline of Abuse:

Duration: October – December 2003
Location: Tier 1-A (high-security cellblock)
Shift: Overnight/night shift

Types of Abuse Documented:

Physical abuse and beatings
Sexual humiliation
Forced nudity
Stacking prisoners in human pyramids
Use of dog leashes on detainees
Threatening detainees with military dogs
Photographing abuse for amusement
Forcing detainees to simulate sexual acts
Hooding and stress positions

3.3 England’s Documented Involvement

Photographs Showing England:

Holding leash attached to naked prisoner (“Gus”) lying on floor
Standing next to pyramid of naked detainees
Pointing at genitals of naked prisoner while smoking cigarette
Giving thumbs-up gesture near humiliated prisoners
Smiling while posing with abused detainees

England’s Later Statements About Involvement:

Claimed she visited Tier 1-A after work hours to see boyfriend Graner
Stated she was instructed by Graner and others to pose for photographs
Testified she believed Graner when he said it was standard procedure
Claimed she did not know her actions were wrong at the time

3.4 Discovery and Investigation

January 13, 2004:

Specialist Joseph M. Darby discovered photographs on CD
Downloaded from Specialist Charles Graner’s computer
Darby reported images to Army Criminal Investigation Command (CID)

January 19, 2004:

Lieutenant General Ricardo Sanchez ordered investigation
Major General Antonio Taguba appointed to lead inquiry

The Taguba Report (February-March 2004):

Official Title: AR 15-6 Investigation of the 800th Military Police Brigade
Submitted: March 9, 2004

Key Findings:

“Between October and December 2003, at the Abu Ghraib Confinement Facility, numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees. This systemic and illegal abuse of detainees was intentionally perpetrated by several members of the military police guard force (372nd Military Police Company, 320th Military Police Battalion, 800th MP Brigade).”

Contributing Factors Identified:

Poor training
Inadequate staffing
Dysfunctional leadership
Poor morale
Failure of commanders to recognize pressures
Lack of clear standards and SOPs

3.5 Public Disclosure

April 28, 2004:

CBS News program 60 Minutes II broadcasts story
First public airing of abuse photographs
Report delayed two weeks at Pentagon request
Dan Rather conducted interviews for segment

April 30, 2004:

Seymour Hersh article published in The New Yorker
Additional photographs and details released
Article titled “Torture at Abu Ghraib”

May 2004:

Taguba Report leaked to media
Global condemnation of abuse
President George W. Bush apologizes publicly
Secretary of Defense Donald Rumsfeld testifies before Congress

SECTION 4: LEGAL PROCEEDINGS

4.1 Initial Charges and Pre-Trial

Formal Charges Filed: May 2004

Transfer for Pre-Trial:

Transferred to Fort Bragg, North Carolina (March 18, 2004)
Reason: Pregnancy required stateside medical care
Visibly pregnant during initial court appearances

Original Charges (9 counts):

Multiple counts of conspiracy to maltreat prisoners
Assault consummated by battery
Maltreating detainees
Committing indecent acts
Creation and possession of sexually explicit photographs
Failure to obey a lawful order
Dereliction of duty

Maximum Possible Sentence: 16½ years to 38 years (various reports)

4.2 Article 32 Hearing

Date: August 2004
Location: Fort Bragg, North Carolina
Presiding Officer: Colonel Denise Arn

Purpose: Determine if evidence sufficient for court-martial (equivalent to grand jury)

Defense Witness List Submitted:

Included high-ranking officials
Attempted “chain of command defense”
Sought to implicate Pentagon leadership

4.3 First Court-Martial (May 2005) – MISTRIAL

Location: Fort Hood, Texas
Presiding Judge: Colonel James L. Pohl
Start Date: May 2, 2005

Plea Agreement:

England pleaded guilty to 7 of 9 counts
Prosecutors dropped 2 charges in exchange
Maximum sentence reduced to 11 years
Reports indicated 30-month sentencing cap negotiated

Charges in Plea:

Two counts of conspiracy
Four counts of maltreating prisoners
One count of dereliction of duty

Mistrial Declared: May 4, 2005

Cause of Mistrial:

Charles Graner testified as defense witness during sentencing phase
Graner stated photographs were “legitimate use of force” and “training aids”
This contradicted England’s guilty plea that photos were “for amusement”
Judge Pohl ruled he could not accept guilty plea with conflicting testimony
Entire plea agreement thrown out

Graner’s Pre-Testimony Note to Reporters:

“Knowing what happened in Iraq, it was very upsetting to see Lynn plead guilty to her charges.”

4.4 Second Court-Martial (September 2005) – CONVICTION

Location: Fort Hood, Texas (Williams Judicial Center)
Presiding Judge: Colonel James L. Pohl
Trial Dates: September 21-26, 2005 (testimony); September 27, 2005 (sentencing)

4.5 Charges at Second Trial

Final Charges (7 counts):

Conspiracy (Count 1) – relating to pyramid photograph
Conspiracy (Count 2) – relating to leash photograph
Maltreating detainees (4 separate counts)
Committing an indecent act

Maximum Possible Sentence: 11 years (later reduced to 9 years)

4.6 Prosecution Team

Role	Name	Rank
Lead Prosecutor	Chris Graveline	Captain
Assistant Prosecutor	Chuck Neill	Captain

4.7 Defense Team

Role	Name	Notes
Lead Defense Counsel	Jonathan Crisp	Army Captain
Civilian Defense Counsel	Rick Hernandez	Private attorney
Assistant Defense Counsel	Katherine Krul	Army Captain

Previous Defense Attorney: Giorgio Ra’Shadd (Denver-based civilian attorney during early proceedings)

4.8 Court Composition

Jury Selection:

England opted for all-officer jury (unusual choice)
Previous co-defendants had mixed officer/enlisted juries
Defense rationale unclear

Final Jury:

Five male Army officers
All had served in Iraq or Afghanistan

4.9 Key Witnesses

Prosecution Witnesses:

Army criminal investigators
Fellow soldiers from 372nd MP Company
Photographic evidence (primary)

Defense Witnesses:

Name	Role/Background
Charles Graner Jr.	Former boyfriend, father of her child, convicted ringleader
Ivan Frederick	Convicted Abu Ghraib guard
Robert Jones	Former Abu Ghraib guard, now Baltimore policeman
Thomas Denne	School psychologist (West Virginia)
Stjepan Mestrovic	Sociology professor, Texas A&M University
Xavier Amador	Psychologist (New York)

Expert Witness Testimony:

Dr. Thomas Denne (School Psychologist):

Evaluated England as a child
Testified to learning disabilities identified in kindergarten
Diagnosed speech impairment
Noted trouble learning to read
Stated: “I knew I was going to know Lynndie England for the rest of my life”

Dr. Stjepan Mestrovic (Sociologist):

Described “poisonous environment” at Abu Ghraib
Testified officers “knew or should have known what was going on”
Recommended lenient punishment due to chaotic conditions

Dr. Xavier Amador (Psychologist):

Described England as having “overly compliant personality”
Testified she came from “emotionally abusive family”
Noted pre-existing depression and anxiety
Diagnosed post-traumatic stress disorder (pre-Iraq deployment)
Testified she was prone to clinical depression

4.10 Trial Proceedings

Prosecution Strategy:

Relied heavily on photographic evidence
Displayed poster-size enlargements of abuse photos
Emphasized England’s smiles and gestures as willing participation
Used England’s own statement to investigators (January 2004)
Argued abuse was done “for their own amusement”

Key Prosecution Argument (Captain Graveline):

“What soldier wouldn’t know that that’s illegal? She is enjoying, she is participating, all for her own sick humor.”

Defense Strategy:

Did not deny England appeared in photographs
Argued “overly compliant personality” made her susceptible
Claimed Graner manipulated and dominated her
Presented evidence of learning disabilities
Attempted to show lack of leadership at prison

Key Defense Argument (Captain Crisp):

“She was an individual who was smitten with Graner, who just did whatever he asked her to do. Compounding all this is her depression, her anxiety, her fear.”

England’s Statement to Investigators (January 2004):

Used by prosecution
England implicated herself in abuse
Judge initially ruled statements inadmissible
Later reversed and allowed one statement into evidence

4.11 England’s Testimony

Pre-Sentencing Statement:

Made unsworn statement during sentencing phase
Responded to questions from defense attorney Captain Katherine Krul
Duration: Approximately 30 minutes

Key Statements:

“I was instructed by persons in higher rank to stand there, hold this leash and look at the camera.”

On Photographs:

Said she was embarrassed by the photos
Claimed she did not think she was doing anything improper

Apology:

“I heard attacks were made on coalition forces because of the photos. I apologize to coalition forces and their families that lost their life or were injured because of the photos.”

Regarding Victims:

Apologized to detainees and their families

4.12 Verdict

Date: September 26, 2005
Deliberation Time: Approximately 2 hours

Verdict:

Count	Charge	Verdict
1	Conspiracy (pyramid photo)	GUILTY
2	Conspiracy (leash photo)	NOT GUILTY
3	Maltreating detainees	GUILTY
4	Maltreating detainees	GUILTY
5	Maltreating detainees	GUILTY
6	Maltreating detainees	GUILTY
7	Committing an indecent act	GUILTY

Overall: Guilty on 6 of 7 counts

England’s Reaction:

Stood at attention in Army dress uniform
Showed no obvious emotion
Remained stoic as verdict was read

4.13 Sentencing

Date: September 27, 2005
Deliberation Time: Approximately 90 minutes

Prosecution Request: 4-6 years imprisonment
Defense Request: No prison time
Maximum Possible: 9 years

Sentence Imposed:

3 years imprisonment
Dishonorable discharge from U.S. Army
Reduction in rank to Private (from PFC)
Forfeiture of all pay and allowances

SECTION 5: OTHER ABU GHRAIB CONVICTIONS

5.1 Complete List of Convicted Soldiers

Name	Rank	Sentence	Notes
Charles Graner Jr.	Specialist	10 years	"Ringleader," convicted January 2005
Ivan Frederick II	Staff Sergeant	8 years	Pleaded guilty October 2004
Sabrina Harman	Specialist	6 months	Convicted May 2005
Javal Davis	Sergeant	6 months	Pleaded guilty February 2005
Jeremy Sivits	Specialist	1 year	First conviction, May 2004
Armin Cruz	Specialist	8 months	September 2004
Roman Krol	Specialist	10 months	February 2005
Megan Ambuhl	Specialist	No jail time	Dereliction of duty only
Lynndie England	PFC	3 years	Last to be tried

5.2 Charles Graner Jr. – The “Ringleader”

Background:

Age: 36 at time of conviction
Hometown: Uniontown, Pennsylvania
Previous Employment: Pennsylvania state prison guard
History: Accused of domestic battery by ex-wife

Court-Martial:

Date: January 10-15, 2005
Location: Fort Hood, Texas
Verdict: Guilty on all counts
Sentence: 10 years, dishonorable discharge, reduction to private

Charges Convicted:

Conspiracy
Dereliction of duty
Maltreatment of detainees
Assault
Battery
Committing indecent acts

Post-Trial:

Imprisoned at U.S. Disciplinary Barracks, Fort Leavenworth, Kansas
Married fellow Abu Ghraib guard Megan Ambuhl (2005, proxy wedding)
Released: August 2011 (served 6½ years)
Credited with good conduct

5.3 Officers and Senior Personnel

Brigadier General Janis Karpinski:

Commander, 800th Military Police Brigade
Demoted to Colonel by President Bush (May 2005)
Not court-martialed
Cited for dereliction of duty

Colonel Thomas Pappas:

Commander, 205th Military Intelligence Brigade
Relieved of command (May 2005)
Received non-judicial punishment
Fined $8,000
Reprimanded

Lieutenant Colonel Steven L. Jordan:

Only officer charged with prisoner abuse
Acquitted of all abuse-related charges (August 2007)
Convicted only of disobeying order not to discuss investigation
Sentenced to reprimand

SECTION 6: INCARCERATION AND RELEASE

6.1 Imprisonment

Incarceration Period:

Start: September 27, 2005
End: March 1, 2007
Total Time Served: 521 days (approximately 17 months)

Location: Naval Consolidated Brig, Miramar, San Diego, California

Release: Paroled after serving approximately half of 36-month sentence

6.2 Post-Release Life

Initial Circumstances:

Returned to Fort Ashby, West Virginia
Lived with parents
Struggled to find employment due to:
Felony conviction
Dishonorable discharge
Public notoriety

Keyser Recreation Board Appointment:

Date: July 9, 2007
Position: Volunteer recreation board member
Location: Keyser, West Virginia

Employment Struggles:

Largely unemployed post-release
Found seasonal employment as secretary (as of 2013)
Difficulty obtaining full-time work

Mental Health:

Diagnosed with post-traumatic stress disorder
Prescribed antidepressant medication
Experienced anxiety

Single Parenthood:

Raised son Carter as single mother
Charles Graner refused contact with child
Graner denied paternity until DNA test

SECTION 7: PUBLIC STATEMENTS AND INTERVIEWS

7.1 Lack of Remorse

2012 Statement:

England stated she did not regret her actions
Said she only regretted photographs were taken

Regarding Retaliatory Attacks:

“I heard attacks were made on coalition forces because of the photos.”

7.2 Blaming Media

March 2008 (Stern Magazine Interview):

“If the media hadn’t exposed the pictures to that extent, then thousands of lives would have been saved.”

On Global Distribution:

“Yeah, I took the photos but I didn’t make it worldwide.”

7.3 Regarding Charles Graner

January 2009 (The Guardian Interview):

Stated she was pressured by Graner to pose for photos
Claimed psychological manipulation

On Trust:

“At the time I thought, I love this man, I trust this man with my life.”

7.4 Unreleased Photographs

March 2008 Interview:
When asked about unreleased Abu Ghraib photographs:

“You see the dogs biting the prisoners. Or you see bite marks from the dogs. You can see MPs holding down a prisoner so a medic can give him a shot.”

SECTION 8: BIOGRAPHY PUBLICATION

Title: “Tortured: Lynndie England, Abu Ghraib and the Photographs that Shocked the World”

Publication: July 2009

Purpose: Book tour intended to rehabilitate public image

Author: Biography written with England’s cooperation

SECTION 9: BROADER SCANDAL CONTEXT

9.1 International Reaction

Global Response to Photographs:

Worldwide condemnation of United States
Damaged America’s image in Muslim world
Sparked debate about Geneva Conventions
Questioned “War on Terror” methods
United Nations Secretary-General Kofi Annan: Reconstruction efforts “badly damaged”

Iraqi Response:

Deepened resentment against U.S. forces
Particularly humiliating in male-dominated society
Images of woman humiliating male prisoners especially inflammatory

9.2 U.S. Government Response

President George W. Bush:

Publicly apologized for abuse (May 2004)
Called acts a “stain on our country’s honor”
Stated individuals would be “brought to justice”
Administration characterized abuse as “isolated incidents”

Secretary of Defense Donald Rumsfeld:

Testified before Congress (May 2004)
Offered resignation twice (declined by Bush)
Stated he was “appalled” by photographs

9.3 Investigations and Reports

Total Investigations Initiated: Over 400 inquiries into detainee abuse

Personnel Punished: 230 enlisted soldiers and officers

Major Reports:

Taguba Report (March 2004)
Schlesinger Report (August 2004)
Fay-Jones Report (August 2004)
Church Report (March 2005)

9.4 Human Rights Organizations’ Position

Red Cross, Amnesty International, Human Rights Watch:

Disputed “isolated incidents” characterization
Claimed abuses were part of systematic pattern
Cited similar abuses at Guantanamo Bay and Afghanistan

Human Rights Watch Statement (June 2004):

“The only exceptional aspect of the abuse at Abu Ghraib may have been that it was photographed.”

SECTION 10: ICONIC PHOTOGRAPHS

10.1 The Most Recognizable Images

“The Leash Photo”

England holding dog leash/tether
Attached to naked Iraqi detainee on floor
Detainee known to guards as “Gus”
Became most widely circulated image of scandal

“The Pyramid Photo”

Stack of naked Iraqi prisoners
England and other guards posing nearby
Used to demonstrate conspiracy charge

“The Hooded Man” (Separate Photo)

Not featuring England
Prisoner standing on box with wires attached
Became iconic image of Abu Ghraib scandal
Subject: Disputed (originally identified as Ali Shallal al-Qaisi)

10.2 Distribution of Images

Initially broadcast on CBS 60 Minutes II
Published in newspapers worldwide
Appeared in The New Yorker with Seymour Hersh article
Featured on cover of The Economist
Reproduced across all major news outlets globally

SECTION 11: ABOUT THE COURT-MARTIAL

A court-martial is a military court convened to try members of the armed forces for offenses under military law. The Lynndie England case was the final general court-martial of nine low-ranking soldiers from the 372nd Military Police Company charged with abuse at Abu Ghraib prison. The proceedings included an unusual mistrial in May 2005 when testimony contradicted England’s guilty plea, requiring a full retrial in September 2005. The five-member jury of Army officers deliberated approximately two hours before returning a guilty verdict on six of seven counts. The three-year sentence fell in the middle of punishments given to the nine convicted soldiers. No officers were court-martialed for the Abu Ghraib abuses, though several received administrative punishment. Human rights organizations and critics argued that only low-ranking “scapegoats” were prosecuted while those who created policies enabling abuse escaped accountability. The case remains studied as an example of military justice limitations, command responsibility failures, and the power of photographic evidence in war crimes prosecution.

SECTION 12: SOURCE BIBLIOGRAPHY

Primary Sources

Court-martial proceedings, Fort Hood, Texas (September 2005)
Taguba Report: AR 15-6 Investigation of the 800th Military Police Brigade (March 2004)
60 Minutes II broadcast transcript (April 28, 2004)
Army Criminal Investigation Command (CID) records

Secondary Sources

News Organizations:

CBS News
NPR (National Public Radio)
The New Yorker (Seymour Hersh articles)
The Washington Post
The Guardian
Stern Magazine

Academic/Research:

ACLU Freedom of Information Act documents
Human Rights Watch reports
International Committee of the Red Cross reports

Key Articles

Hersh, Seymour M. “Torture at Abu Ghraib,” The New Yorker (May 10, 2004)
Hersh, Seymour M. “Chain of Command,” The New Yorker (May 17, 2004)
Hersh, Seymour M. “The Gray Zone,” The New Yorker (May 24, 2004)

Research compiled from multiple verified historical sources.