Army Pfc. Lynndie England
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Judge Col. James Pohl declared a mistrial after hearing testimony suggesting that England – who pleaded guilty to seven criminal counts – did not know her actions were wrong.
The testimony came from Pvt. Charles Graner Jr., England's former boyfriend and supervisor who has been sentenced to 10 years in prison for his role in the abuse scandal. During England's sentencing hearing, Graner told that court that England was following orders when she photographed the inmates in degrading positions.
Judge Col. James Pohl said that if England was simply following orders, then she should have pleaded not guilty. "If you don't want to plead guilty, don't," Judge Pohl said. "If you don't believe you're guilty … that it was okay … you can't plead guilty."
After a quick recess, England's attorneys said their client wanted to reverse her plea, and the judge declared a mistrial. He told military prosecutors it was up to them to re-file charges against England.
The photos, seen around the world, led to the charges filed against Graner – who is also believed to have fathered England's infant son, Carter – as well as England and other U.S. soldiers.
According to the charges against her, England faces a maximum of 11 years in prison, but an earlier plea deal was expected to earn her two years following a guilty plea. Whether that deal would stand is not clear.
