Feds Move to Block Jose Padilla Subpoenas
Jose Padilla's defense lawyers have subpoenaed Department of Defense officials and records pertaining to his treatment during his three years in the South Carolina brig.
Today, the feds moved to quash the subpoenas in an effort to prevent the defense from introducing evidence of his treatment and conditions of confinement at trial.
What the defense asked for:
Defense attorneys have issued subpoenas for at least four military officials, including a security officer and technical official at the Navy brig in Charleston, S.C., where Padilla was jailed. They have also subpoenaed Maj. Gen. D.D. Thiessen, commander of U.S. Marine forces in Japan, about treatment of other enemy combatants, according to court documents.
The subpoenas also seek records of "special procedures and communications" related to Padilla, as well as medical records and visitation logs.
The prosecutors responded today:
Prosecutors said in a motion filed Thursday that the subpoenas are an improper "fishing expedition" because Padilla's allegations of mistreatment during his time in military custody have no bearing on the terrorism support case against him in Miami.
"These subpoenas seek information that has nothing to do with the offenses charged in the indictment, which predate Padilla's confinement and arise out of the defendants' support for groups committed to violent jihad," Assistant U.S. Attorney Russell Killinger and other prosecutors said in their motion.
I think the defense is entitled to the material.
Padilla's attorneys have asked U.S. District Judge Marcia Cooke to dismiss the case against Padilla because of what they allege is "outrageous government conduct," including torture, during his years at the Navy brig. They allege Padilla was abused so severely it has hurt his ability to aid in his own defense, but Pentagon officials and prosecutors assert that Padilla was treated humanely.
| < Mich. Prison System Held in Contempt of Court | TX Prosecutors Infiltrate My Space Accounts for Minor Crimes > |





