Manu
05-24-2002, 04:09 PM
ALEXANDRIA, Virginia (AP) -- As U.S. troops transferred him to a metal prison container at a primitive base in Afghanistan, captured Taliban soldier John Walker Lindh pleaded, "Please don't kill me," a defense motion says.
Lindh was told by a Marine to shut up, a response delivered with an expletive, according to the motion filed Thursday.
The defense motion was based on information provided to the government by military guards, and then turned over to the defense under a court order.
The defense team wants to subpoena the Marine guard who heard Lindh's comment, along with other U.S. military and civilian personnel who were in contact with him in Afghanistan and aboard Navy ships.
Their aim is to find testimony and photographs that would demonstrate, at a June 17 hearing, that Lindh did not kill Americans and that he was questioned while imprisoned under inhumane conditions.
The lawyers contend Lindh was bound in the container, sometimes naked in freezing weather, at the time he was questioned late last year. The government says Lindh waived his right to remain silent and have an attorney present.
A Marine identified as USMC No. 11 "was present at Camp Rhino (in Afghanistan) at a critical time," the motion said. "He observed Mr. Lindh's conditions of incarceration and can testify as to his state of mind just prior to interrogation."
For example, the motion said, USMC No. 11 "reports that during the transport to the metal container at Camp Rhino, Lindh kept saying, 'Please don't kill me."'
Lindh was interrogated at the camp and made statements the government is likely to use at trial. Jury selection is scheduled for August 26.
A government criminal complaint filed in January quoted Lindh as saying he learned in June 2001, while a Taliban military trainee, that alleged terror mastermind Osama bin Laden had sent people to the United States for suicide operations.
The complaint also said Lindh and four other trainees met for about five minutes with bin Laden, who thanked them for participating in his holy war.
Lindh, 21, who grew up in Marin County, California, is charged with conspiring to murder U.S. nationals; providing support and services to foreign terrorist organizations, including bin Laden's al Qaeda terror network; and using firearms and destructive devices during crimes of violence.
Three of the 10 charges carry maximum life sentences. The other seven have prison terms of up to 90 years.
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Lindh was told by a Marine to shut up, a response delivered with an expletive, according to the motion filed Thursday.
The defense motion was based on information provided to the government by military guards, and then turned over to the defense under a court order.
The defense team wants to subpoena the Marine guard who heard Lindh's comment, along with other U.S. military and civilian personnel who were in contact with him in Afghanistan and aboard Navy ships.
Their aim is to find testimony and photographs that would demonstrate, at a June 17 hearing, that Lindh did not kill Americans and that he was questioned while imprisoned under inhumane conditions.
The lawyers contend Lindh was bound in the container, sometimes naked in freezing weather, at the time he was questioned late last year. The government says Lindh waived his right to remain silent and have an attorney present.
A Marine identified as USMC No. 11 "was present at Camp Rhino (in Afghanistan) at a critical time," the motion said. "He observed Mr. Lindh's conditions of incarceration and can testify as to his state of mind just prior to interrogation."
For example, the motion said, USMC No. 11 "reports that during the transport to the metal container at Camp Rhino, Lindh kept saying, 'Please don't kill me."'
Lindh was interrogated at the camp and made statements the government is likely to use at trial. Jury selection is scheduled for August 26.
A government criminal complaint filed in January quoted Lindh as saying he learned in June 2001, while a Taliban military trainee, that alleged terror mastermind Osama bin Laden had sent people to the United States for suicide operations.
The complaint also said Lindh and four other trainees met for about five minutes with bin Laden, who thanked them for participating in his holy war.
Lindh, 21, who grew up in Marin County, California, is charged with conspiring to murder U.S. nationals; providing support and services to foreign terrorist organizations, including bin Laden's al Qaeda terror network; and using firearms and destructive devices during crimes of violence.
Three of the 10 charges carry maximum life sentences. The other seven have prison terms of up to 90 years.
www.cnn.com