Soldier Facing Trial in Death of Prisoner Wins Round

HOUSTON â€”  A military hearing officer has recommended that a soldier charged in the 2002 beating death of an Afghan prisoner should not face a court-martial for manslaughter.

Pfc. Willie V. Brand, 26, was accused of killing the detainee at an Army holding center near Kabul by delivering a punishing series of knee strikes to the man’s thighs over five days.

“There was no evidence that the accused knew or should have known that [the knee strikes] could lead to death,� Col. Stephen B. Pence wrote in a report released Friday to Brand’s lawyer. “Nor would a reasonable person similarly situated with the accused’s background and training have reason to believe� that the kicks -- which are used on uncooperative prisoners -- could lead to death, Pence wrote.

“I said it was a weak case from the beginning,� said John P. Galligan, Brand’s lawyer, in a phone interview Sunday. “This is only a recommendation, but it is a major win for the defense.�

Pence did recommend a court-martial on the remaining charges against Brand, which include maiming, assault and maltreatment. Col. Bryon Greenwald, the Ft. Bliss, Texas, garrison commander, will make the final decision on whether Brand will be court-martialed.

Pence presided over Brand’s Article 32 hearing -- the military equivalent of a grand jury proceeding -- last month at Ft. Bliss.

During the three-day hearing, Army investigators testified that Brand, a soldier with the 377th Military Police Company, an Army Reserve unit based in Cincinnati, acknowledged delivering more than 30 consecutive knee strikes to a prisoner who stood in shackles, his arms chained to the ceiling.

But Brand defended his actions, telling investigators that his superiors were aware that the blows were routinely given to force detainees to comply with guards’ orders.

In statements to Army investigators, Brand said he learned the knee-strike technique during military training at Ft. Dix, N.J.