At a Glance
- Court
- U.S. Army Court-Martial, Fort Meade, Maryland
- Case Type
- Verdict
- Parties
- United States v. Smith
- Jurisdiction
- Federal (Uniform Code of Military Justice)
- Date
- 2006-03-21
- Status
- Verdict Returned
A military jury at Fort Meade, Maryland convicted Army Sgt. Michael J. Smith on six of 13 counts stemming from his use of a military working dog to abuse detainees at Abu Ghraib prison in Iraq, NPR reported on March 21, 2006 [1]. Smith was found guilty of six of 13 charges against him, which involved using his black Belgian shepherd to intimidate prisoners during late 2003 and early 2004 [2]. The judge later dismissed one of the charges, saying it duplicated one of the others.
Smith was found guilty under the Uniform Code of Military Justice of two counts of maltreatment involving three detainees, one count of conspiring to make a contest of making detainees soil themselves, dereliction of duty, assault, and an indecent act. [4] According to NPR, it was alleged in court that he and another dog handler had a game going, a bet, a joke, to see who could use their dogs to make the prisoners defecate or urinate first. [1] Smith was also convicted of an indecent act he committed with other soldiers, not upon detainees, and conspiracy to maltreat detainees. [1]
The military jury deliberated for about 18 hours over three days before announcing its verdict. [4] Smith, of Fort Lauderdale, Florida, was charged under the Uniform Code of Military Justice with five counts of maltreatment of detainees, four counts of assault, two counts of conspiracy to maltreat detainees, one count of dereliction of duty, and one count of indecency. [7] He had faced the stiffest potential sentence of any soldier charged so far in the Abu Ghraib scandal, up to 24 and a half years in prison if convicted on all counts. [7] Smith faced up to eight and a half years in prison on the remaining counts, forfeiture of all pay and allowances, and a dishonorable discharge. [4]
The prosecution's case centered on one of the most widely circulated photographs to emerge from the Abu Ghraib scandal. That photograph depicted Smith and his dog, Marco, threatening a detainee in an orange-clad jumpsuit, a detainee believed at the time to be an operative of al-Qaida. Smith was convicted of charges pertaining to the acts depicted in that photo, including maltreatment of that specific detainee. [1] The defense argued that Smith believed he was following orders to soften up prisoners for interrogation. [7] A key defense witness, Col. Thomas M. Pappas, the former military intelligence chief at Abu Ghraib, testified for the defense under a grant of immunity, saying the Army lacked clear rules for using dogs in interrogations at Abu Ghraib, and took personal responsibility for failing to ensure that military police and intelligence officers were properly trained in using dogs. [2]
The other dog handler involved, Sgt. Santos A. Cardona, 31, of Fullerton, California, was set for trial May 22. [10] Nine other soldiers had been convicted of abusing prisoners at Abu Ghraib. Former Cpl. Charles Graner Jr. received the longest sentence: 10 years in prison. [10] The jury could return a sentence as early as the following day. [1]
References
[1] NPR. (2006, March 21). Dog Handler in Abu Ghraib Photo Found Guilty. https://www.npr.org/2006/03/21/5293136/dog-handler-in-abu-ghraib-photo-found-guilty
[2] Deseret News / New York Times News Service. (2006, March 22). Army dog handler guilty of abuse. https://www.deseret.com/2006/3/22/19944387/army-dog-handler-guilty-of-abuse/
[4] Al Jazeera. (2006, March 21). Abu Ghraib dog handler found guilty. https://www.aljazeera.com/news/2006/3/21/abu-ghraib-dog-handler-found-guilty
[7] CBS News. (2006, March 22). Abu Ghraib Dog Handler Gets 6 Months. https://www.cbsnews.com/news/abu-ghraib-dog-handler-gets-6-months/
[10] The Seattle Times. (2006, March 22). Abu Ghraib dog handler is convicted. https://archive.seattletimes.com/archive/20060322/iraqabuse22/abu-ghraib-dog-handler-is-convicted