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Monday, December 04, 2006

Padilla defense documents 'outrageous government conduct'
Joshua Pantesco at 10:10 AM ET

[JURIST] Defense lawyers for alleged terrorist Jose Padilla [BBC profile; JURIST news archive] have indicated they will use a recent video, taken of Padilla as he was escorted by soldiers from solitary confinement to a dentist's appointment, as evidence that charges against Padilla should be dismissed due to "outrageous government conduct." The video, obtained by the New York Times, shows Padilla wearing noise-blocking earplugs and opaque goggles while walking to a root canal procedure. Lawyers first petitioned the South Carolina federal court hearing his case to dismiss [JURIST report] the case in October, alleging that he was abused, threatened, administered either PCP or LSD as a truth serum, and subjected to sleep deprivation and stress positions, allegations denied by the government [JURIST report]. The latest defense motion, filed last Friday motions and supported by the video and numerous affidavits and other documents, argue that Padilla is so damaged by the interrogation tactics that he is no longer fit to stand trial.

Padilla, a US citizen initially suspected of planning to set off a "dirty bomb" in the United States and classified as an "enemy combatant" [JURIST news archive] subject to indefinite detention, was finally charged [JURIST report] last year on unrelated terrorism charges. He was transferred to civilian custody [JURIST report] in January of this year and has pleaded not guilty [JURIST report] to the charges. His trial is scheduled to begin [JURIST report] January 22. The New York Times has more.






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