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Judge rules Jose Padilla competent for trial
US District Court Judge Marcia Cooke ruled February 28 that Jose Padilla is mentally fit for trial, following a competency hearing during which his lawyers argued that the damage to his mental faculties is so severe that he is legally unable to stand trial or assist in his own defense. The trial is scheduled to begin April 16.
Padilla, a US citizen, was arrested by the federal government in May 2002. He was subsequently declared an “illegal enemy combatant” and held for more than three years in a North Carolina naval brig without ever being charged with a crime. During that time, according to a motion filed by his lawyers, he was systematically tortured by the US government.
According to Padilla’s lawyers, whenever they attempted to question him about the details of his experience on the naval brig, he would freeze, break into a sweat, shiver, and become otherwise unresponsive. “Because of that,” argued defense attorney Anthony Natale, “he is not going to be able to get a fair trial and we are not going to be able to competently represent him.”
Padilla’s attorneys had hoped that he would be found mentally incompetent, in which case the trial would have been unable to go forward. The government would have no doubt appealed such a decision, but in the meantime Padilla would have been given psychiatric treatment.
Judge Cooke’s ruling comes in the wake of the testimony of psychiatric experts Angela Hegarty and Patricia Zapf, who confirmed that Padilla has many of the classic symptoms of severe post-traumatic stress disorder (PTSD), including involuntary tics and debilitating paranoia. Dr. Zapf found that Padilla had “strong indication of cognitive impairment,” and testified that there was a “98 percent chance” that he had suffered brain damage during his incarceration.
Judge Cooke pointed out, however, that Padilla must have been able to communicate with his lawyers at some point—this was after all the basis for an October 2006 pre-trial motion detailing the torture he suffered at the hands of the US government. (See “Citing torture, lawyers for Jose Padilla argue case should be dismissed”) “This defendant clearly has the capacity to assist his attorneys,” she said. “He had to communicate something to his lawyers in order for counsel to file that motion.”
More
http://wsws.org/articles/2007/mar2007/padi-m02.shtml
According to Padilla’s lawyers, whenever they attempted to question him about the details of his experience on the naval brig, he would freeze, break into a sweat, shiver, and become otherwise unresponsive. “Because of that,” argued defense attorney Anthony Natale, “he is not going to be able to get a fair trial and we are not going to be able to competently represent him.”
Padilla’s attorneys had hoped that he would be found mentally incompetent, in which case the trial would have been unable to go forward. The government would have no doubt appealed such a decision, but in the meantime Padilla would have been given psychiatric treatment.
Judge Cooke’s ruling comes in the wake of the testimony of psychiatric experts Angela Hegarty and Patricia Zapf, who confirmed that Padilla has many of the classic symptoms of severe post-traumatic stress disorder (PTSD), including involuntary tics and debilitating paranoia. Dr. Zapf found that Padilla had “strong indication of cognitive impairment,” and testified that there was a “98 percent chance” that he had suffered brain damage during his incarceration.
Judge Cooke pointed out, however, that Padilla must have been able to communicate with his lawyers at some point—this was after all the basis for an October 2006 pre-trial motion detailing the torture he suffered at the hands of the US government. (See “Citing torture, lawyers for Jose Padilla argue case should be dismissed”) “This defendant clearly has the capacity to assist his attorneys,” she said. “He had to communicate something to his lawyers in order for counsel to file that motion.”
More
http://wsws.org/articles/2007/mar2007/padi-m02.shtml
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