Padilla abuse claim is al Qaeda tactic, U.S. says
Source: Reuters
By Jane Sutton MIAMI, Feb 26 (Reuters) - Former "enemy combatant" Jose Padilla is mentally capable of assisting defense lawyers at his terrorism trial but chooses not to, according to a prison psychologist who testified on Monday that Padilla is fit to stand trial. Defense lawyers have said Padilla suffered brain injuries caused by abuse and extreme isolation during the 3 1/2 years he was held by presidential order in a U.S. military prison, before he was charged in the civilian court with aiding Islamist terrorists. Padilla's lawyers contend the government's conduct was so outrageous that the charges against him should be dropped. Prosecutors contend that Padilla underwent al Qaeda training and that his claims of abuse and refusal to cooperate with his lawyers are typical al Qaeda tactics. "His behavior is consistent with those of captured al Qaeda operatives," said Assistant U.S. Attorney Brian Frazier. U.S. District Judge Marcia Cooke appointed the prison psychologist, Dr. Rodolfo Buigas, to examine Padilla and report back to her in the case that has tested the limits of presidential authority in the fight against terrorism. Padilla, a 36-year-old U.S. citizen, is scheduled to go to trial in Miami in April on charges that he was part of a North American support cell that provided money and recruits to global Islamist extremists. Buigas said Padilla has an anxiety disorder, an anti-social personality and difficulty dealing with authority, and he mistrusts everyone. He twitched and grimaced "for dramatic effect" when asked about things he found distasteful but understands the charges against him well enough to discuss the nuances of legal challenges filed in his case, Buigas said. Padilla refused to answer the doctor's questions about his background or even confirm his date of birth, Buigas said. "He's got the capacity to do so," Buigas said. "It was a desire not to." CONTRASTING ASSESSMENT His portrayal was in stark contrast to that of two doctors who examined Padilla for the defense. They said he suffered post-traumatic stress disorder that left him physically unable to review tapes or transcripts that will be used as evidence against him. "Mr. Padilla is an anxiety-ridden, broken individual who is incapacitated by that anxiety," said Dr. Patricia Zapf, a clinical forensic psychologist who examined him for the defense. "Something put the fear into Mr. Padilla." The judge has ordered some of Padilla's military jailers to appear in court for questioning on Tuesday, potentially providing the first public glimpse of how the United States interrogates suspected terrorists. But Cook also said she would strictly limit the brig staff's testimony to matters they had discussed with Buigas, the prison doctor. Since Buigas does not have security clearance, they were unlikely to have discussed with him any details of Padilla's interrogation. Buigas said he had no knowledge what happened in the brig and therefore it did not influence his finding that Padilla is mentally fit. Padilla was arrested in Chicago in 2002 and President George W. Bush ordered the military to hold him as an "enemy combatant" after accusing him of plotting to set off a radioactive bomb. Padilla was never charged with that. While a challenge to the president's authority to hold him without charges was pending, Padilla was indicted in Florida and transferred to civilian custody last year. He was left a placid, cowering man who responds to his lawyers' questions about his foreign travels by sitting bolt upright with his eyes bulging out, said defense lawyer Andrew Patel. "You could actually see the hair on the back of his neck stand up," Patel said.
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