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Mistrial Declared In Abu Ghraib Contractor Abuse Case

A detainee in an outdoor solitary confinement cell talks with a military police officer at the Abu Ghraib Prison on the outskirts of Baghdad, Iraq, June 22, 2004. A judge declared a mistrial Th

A mistrial was declared by a judge in Alexandria, Virginia, 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 Abu Ghraib Prison in Iraq. The jury, consisting of eight members, deadlocked on accusations that civilian interrogators conspired with soldiers to mistreat detainees at the prison during the U.S. occupation of Iraq in 2003 and 2004.

This trial marked the first time a U.S. jury heard claims brought by Abu Ghraib survivors in the past 20 years since the shocking photos of detainee mistreatment surfaced. The contractor, Reston-based CACI, argued that it was not complicit in the abuse, stating that any liability for the mistreatment lay with the government, not CACI.

The jury's deadlock was attributed to a legal principle known as the 'borrowed servants' doctrine, with jurors disagreeing on whether CACI interrogators were under the control of the Army during the alleged misconduct. The plaintiffs may seek a retrial following the mistrial declaration.

During the trial, evidence was presented suggesting that CACI interrogators were complicit in the abuse, with reports from retired Army generals implicating multiple CACI interrogators. The case was delayed by 15 years of legal proceedings and attempts by CACI to dismiss it.

While a retrial may be on the horizon, the judge expressed concerns about the appalling nature of the case and emphasized the need to prevent such incidents from reoccurring. Witnesses testified through recorded depositions, making a potential retrial more manageable.

Overall, the mistrial in the Abu Ghraib abuse case highlights the complexities of holding contractors accountable for misconduct during wartime and underscores the ongoing legal battles faced by survivors seeking justice.

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