Mistrial Declared in Trial of Military Contractor Accused of Contributing to Abu Ghraib Abuse
ICARO Media Group
In a dramatic turn of events, a judge declared a mistrial on Thursday after a jury failed to reach a verdict in the trial of a military contractor accused of contributing to the abuse of detainees at the infamous Abu Ghraib Prison in Iraq two decades ago. The mistrial was announced on the eighth day of deliberations, making them longer than the trial itself.
The civil jury, composed of eight members, deadlocked on allegations that civilian interrogators supplied by the contractor conspired with soldiers at Abu Ghraib in 2003 and 2004 to mistreat detainees in order to extract information. This marked the first time a U.S. jury heard such claims brought by survivors of the Abu Ghraib scandal since the shocking images of abuse circulated worldwide during the U.S. occupation of Iraq.
Reston, Virginia-based military contractor CACI vehemently denied any complicity in the detainees' abuse. The company argued that its employees had minimal interaction with the three plaintiffs involved in the case and shifted the responsibility for the mistreatment onto the government, not CACI.
Although multiple jurors indicated that a majority of the panel supported the plaintiffs, they refrained from providing an exact numerical breakdown. The jury's deadlock centered around the "borrowed servants" doctrine, a legal principle that CACI used in its defense to absolve itself of liability if its employees were under the control and direction of the Army during the misconduct.
Throughout the trial, both sides engaged in a heated debate regarding the scope of this doctrine. Ultimately, if CACI could prove its interrogators were under the command and control of the Army during any instances of misconduct, the jury was instructed to rule in favor of the military contractor. The issue of who controlled CACI interrogators constituted a significant portion of the trial. CACI officials testified that they relinquished supervision of the interrogators to the Army, while the plaintiffs' lawyers presented evidence such as CACI's contract with the Army, which required the company to oversee its own employees.
The jury's deadlock was further complicated by conflicting evidence presented during the trial, including the Army Field Manual that stated only contractors could supervise and provide direction to their employees. In their note explaining the deadlock, the jury mentioned their disagreement over the interpretation of this manual.
Following the mistrial, the plaintiffs have the option to seek a retrial. Baher Azmy, one of their lawyers from the Center for Constitutional Rights, expressed the intention to continue fighting for justice, stating that the plaintiffs' courage deserves to be honored.
The prolonged legal battle began in 2008 with the initial filing of the lawsuit, which was then delayed for 15 years due to numerous attempts by CACI to have the case dismissed. CACI's lawyers declined to comment on the mistrial, and the company spokesperson did not respond to requests for comment.
During the trial, the plaintiffs' lawyers argued that CACI should be held liable for the mistreatment, even if they couldn't prove that CACI's interrogators were directly involved. They maintained that the interrogators conspired with military police to abuse detainees, instructing soldiers to "soften them up" for interrogation. To support their claims, the plaintiffs presented reports from two retired Army generals, who documented the abuse and implicated multiple CACI interrogators.
As the case comes to a halt with a mistrial declaration, the victims of the Abu Ghraib scandal continue to seek justice, while the military contractor CACI awaits further legal proceedings.