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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001
Monday, May 3, 2010
9:30am
United States v.
Charles A. Graner No. 09-0432/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Charles W. Gittins, Esq.
Counsel for Appellee: Capt Chad Fisher, JA, USACase Summary: GCM conviction of conspiracy to maltreat subordinates, dereliction of duty in failing to protect detainees under his charge from abuse, cruelty and maltreatment, maltreatment of detainees, assault with a means likely to produce death or grievous bodily harm, assault consummated by a battery, and the commission of indecent acts. Granted issues question 1) whether the military judge erred to the substantial prejudice of the accused by failing to order disclosure of memos that set out approved “enhanced interrogation tactics” for handling detainees in United States custody; and 2) whether the military judge abused his discretion and committed prejudicial error by excluding the testimony of Major Ponce, the e-mail authored by Major Ponce (Defense Exhibit G for identification), and the favorable defense expert testimony by Mr. Thomas J. Archambault.
Note: Counsel for each side will be allotted 20 minutes to present oral argument.
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