[Media-watch] US Army murder hearing over access - LA Times/AP - 4/12/2004

[Julie-ann Davies]

http://www.latimes.com/news/nationworld/nation/la-na-abusetrial4dec04,1,2689652.story

 December 4, 2004

Army Murder Hearing Halted Over Access

>From Associated Press


DENVER - An Army appeals court stopped a hearing Friday for soldiers charged 
with killing an Iraqi general during an interrogation and ordered the 
military to explain why the proceedings have been closed to the public.

The Army Court of Appeals granted an emergency stay sought by The Denver 
Post on the second day of the hearing at Ft. Carson, an Army post 70 miles 
south of Denver.

On Thursday, hearing officer Capt. Robert Ayers closed all of the 
proceedings to the public, citing national security. He also said publicity 
might jeopardize the safety of the defendants, some of whom were assigned to 
military intelligence units.

But the appeals court gave Ayers 10 days to show why nonclassified portions 
of the hearing should not be open.

Ft. Carson officials did not immediately return calls seeking comment.

Four soldiers are charged with murder and dereliction of duty in the death 
of Iraqi Air Force Maj. Gen. Abed Hamed Mowhoush, who investigators say was 
suffocated last year. The soldiers could get life in prison without parole 
if convicted.

The hearing is being held to determine whether the soldiers should stand 
trial.

Legal analysts said it was extremely rare for a military preliminary hearing 
to be closed to the public, and appeals courts frown on such decisions.

Media attorney Steve Zansberg had asked Ayers to close only portions of the 
hearing that could threaten national security.

"This is information the American people are profoundly and legitimately 
interested in knowing," he said.

He said many details of the death have already been publicized.

The soldiers charged are Chief Warrant Officers Jefferson Williams and Lewis 
Welshofer Jr., Sgt. 1st Class William Sommer and Spc. Jerry Loper.