October 28, 2008 – Morning Session (Government’s Initial Closing: 1 hour 18 minutes)

After the Court told the jury not to take notes during the closing arguments (arguments are not evidence), the Government began its closing, saying the case involved “extreme, deliberate, and unusually cruel abuses.” Overall, the initial closing was a straight-forward summary of the testimony heard over the past several weeks and provided a timeline of relevant events, while noting what evidence supported each count in the indictment.

Ms. Rochlin, on behalf of the Government, briefly told the jury that it met each of the elements of its case – interspersing some definitions (e.g., “under color of law” and “conspiracy”) as needed. The Government then reminded the jury of Defendant’s history – from his birth in the United States through the graduation of the first ATU class in December 1999. The Government discussed the recruitment of refugees from Sierra Leone and fact that recruits were used to construct the Gbtala base, with its hole cells in a swampy area.

The Government emphasized that it had put on an assortment of witnesses – most who were unconnected prior to this case and some who were compelled to testify, while others were not.

After summarizing the events at the St. Paul checkpoint (i.e., the stopping of the trucks, the shootings and beheadings, and tying of prisoners for transport to the police station), the Government also emphasized that the conduct at issue was NOT that of a general arrest; it was conduct intended to cause extreme pain and suffering. The Government reiterated that its witnesses were unconnected, yet had provided similar testimony regarding the treatment to which they were subjected in the pits. Noting that while we cannot know what is in a person’s heart (i.e, their intent), we can look to their actions – and the Defendant’s alleged instruction to behead a man from the back of the neck to the front rather than simply shooting him shows, the Government argued, the Defendant’s intent.

The Government then summarized the testimony of each witness, using photographs of the witnesses’ injuries as relevant. The Government reminded the jury that the Defendant had admitted that he witnessed the “press guy” being burned with a clothing iron, which was consistent with the testimony of one of the Government’s witnesses. The Government continued with a summary of the various forms of torture at Clay Junction to which witnesses had testified (staring into a blinding light, sodomy with an electrified rod, burning with a clothing iron, and other beatings with hands and boots).

The Government ended its initial closing by asking the jury to consider ALL of the evidence presented (i.e., the consistencies in witnesses’ testimony regarding locations, methods, uniforms the soldiers wore, etc. and the scars still on the bodies of several witnesses) in determining whether the Government had proven its case beyond a reasonable doubt. Reminding the jury to use common sense in applying the “reasonable doubt” standard, the Government told the jury that when all the evidence is considered, it could reach only one verdict: guilty.