Government prosecutor quits in Gitmo case

Published: Sept. 25, 2008 at 11:07 AM

GUANTANAMO BAY, Cuba, Sept. 25 (UPI) -- A U.S. military prosecutor in a case against Guantanamo Bay, Cuba, detainees has quit, citing ethical concerns about his office's actions in the case.

Army Lt. Col. Darrel Vandeveld filed the declaration in which he outlined concerns about the government's case against an Afghan detainee and the office's failure to turn over materials to defense attorneys, The Washington Post reported Thursday.

"My ethical qualms about continuing to serve as a prosecutor relate primarily to the procedures for affording defense counsel discovery," Vandeveld wrote. "I am highly concerned, to the point that I believe I can no longer serve as a prosecutor at the commissions, about the slipshod, uncertain 'procedure' for affording defense counsel discovery."

Vandeveld was prosecuting Mohammed Jawad, 24, accused of throwing a grenade into a military vehicle in Kabul in 2002, injuring two U.S. soldiers and their interpreter.

"I believe (Vandeveld's) view is that there is a systematic problem with the discovery process," said Air Force Maj. David Frakt, Jawad's military attorney.

Frakt said Vandeveld wanted to strike a plea agreement that would allow Jawad to be released soon. Among other things, Frakt said the government did investigate two other Afghans he said admitted to having a role in the attack to Afghan police.

The government's chief prosecutor, Army Col. Lawrence Morris, said Vandeveld resigned because he is

"disappointed" his superiors didn't act on his recommendations.

"There are no grounds for ethical qualms," Morris said.

© 2008 United Press International, Inc. All Rights Reserved.
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