Defense seeks merger of some Manning verdicts

  • Posted: Wednesday, July 31, 2013 9:35 p.m.
AP Photo/Patrick Semansky
Army Pfc. Bradley Manning is escorted out of a courthouse in Fort Meade, Md.
AP Photo/Patrick Semansky Army Pfc. Bradley Manning is escorted out of a courthouse in Fort Meade, Md.

FORT MEADE, Md. — It is now up to a military judge to determine if Army Pfc. Bradley Manning will spend the rest of his life in prison even after being acquitted of the most serious charge against him for his release of thousands of documents to the website WikiLeaks.

The sentencing phase of the soldier’s court-martial began Wednesday. He faces up to 136 years in prison, though his attorneys have asked the military judge to merge two of his espionage convictions and two of his theft convictions. If Army Col. Denise Lind agrees to do so, he would face up to 116 years in prison.

The former intelligence analyst was convicted of 20 of 22 charges for sending hundreds of thousands of government and diplomatic secrets to WikiLeaks, but he was found not guilty of aiding the enemy, which alone could have meant life in prison without parole.

“We’re not celebrating,” defense attorney David Coombs said. “Ultimately, his sentence is all that really matters.”

Military prosecutors said they would call as many as 20 witnesses for the sentencing phase. The government said as many as half of the prosecution witnesses would testify about classified matters in closed court. They include experts on counterintelligence, strategic planning and terrorism.

The judge prohibited both sides from presenting evidence during trial about any actual damage the leaks caused to national security and troops in Afghanistan and Iraq, but lawyers will be allowed to bring that up at sentencing.

The release of diplomatic cables, warzone logs and videos embarrassed the U.S. and its allies. U.S. officials warned of dire consequences in the days immediately after the first disclosures in July 2010, but a Pentagon review later suggested those fears might have been overblown.

The judge also restricted evidence about Manning’s motives. Manning testified during a pre-trial hearing he leaked the material to expose U.S military “bloodlust” and diplomatic deceitfulness, but did not believe his actions would harm the country. He didn’t testify during the trial, but he could take the stand during the sentencing phase.

Lisa Windsor, a retired Army colonel and former judge advocate, said the punishment phase would focus on Manning’s motive and the harm that was done by the leak.

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