In which I answer Trevor Fitzgibbon’s questions over at Fire Dog Lake

Here we go with the answered questions.

I shall humor the writer by answering them.

Ready?  Question one of thirteen approaching.

Is the military conducting an investigation into CWO4 Averhart’s decision to place Manning on suicide risk?

“Marine spokesman Villiard insisted the detention facility commander was within his rights to make the status change, but Villiard would not say why Manning’s status had been changed.”

Is it true that CWO4 Averhart did not have the authority to place Manning under suicide risk?

“Marine spokesman Villiard insisted the detention facility commander was within his rights to make the status change, but Villiard would not say why Manning’s status had been changed.”

What specific bases did CW04 Averhart have for placing Manning on suicide risk?

Because prisoners commit suicide ALL THE TIME, maybe? “Suicide ranks third behind natural causes and AIDS as the leading cause of death in Prisons within the United States (Bureau of Justice Statistics 1993).”

Were these bases shared with the brig’s forensic psychiatrist who recommended that Manning not be placed on suicide risk? If not why not?

Well, she hasn’t evaluated just yet so I don’t understand the question: “The forensic psychiatrist will meet with Manning this week, Villiard said, and make a recommendation to a classification and assignment board, which will then advise the new commander, Barnes, whether Manning should stay on that watch level. She has the final say on whether Manning comes off “prevention of injury” watch or goes into another custody level such as a less stringent medium custody, Villiard said.”

Are there any other detainees in the Brig under MAX custody or under POI?

Erm … doubtless.

Is it normal for a pretrial detainee to be under MAX custody and POI for this length of time?

“[Edward W. Brady] argued that Simpson’s confinement constitutes punishment before he has been convicted of a crime. Simpson, who is 6 feet 4, is in a 6-by-8 cell in the Special Quarters cell block. Until three weeks ago, Simpson said, he was taken anywhere outside his cell in leg and arm irons, even to his morning shower 11 steps down the corridor. Now only leg irons are required.”

I hardly think a one hour of teevee time qualifies as torture. And at least one detainee was held for 181 days. But, that was just one of the many hits Google brought me.

What is the longest an pretrial detainee has ever been held in MAX custody and under POI watch?

Can’t answer that one.  (EDIT: But the answer could be Geronimo.  Hardly anyone gets up in arms about that)

What factors were considered in determining that PFC Manning needed to be held in MAX custody?

ART. 58. EXECUTION OF CONFINEMENT.
(a) Under such instructions as the Secretary concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the dame discipline and treatment as persons confined or committed by the courts of the United States or of the State, Territory, District of Columbia, or place in which the institution is situated.

What factors were consider in determining that PFC Manning needed to be held under POI watch?

(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment.

Were these factors shared with the brig’s forensic psychiatrist who recommended that the POI watch be lifted?

DEEP SIGH!

“The forensic psychiatrist will meet with Manning this week, Villiard said, and make a recommendation to a classification and assignment board, which will then advise the new commander, Barnes, whether Manning should stay on that watch level. She has the final say on whether Manning comes off “prevention of injury” watch or goes into another custody level such as a less stringent medium custody, Villiard said.”

Will CW2 Barnes conduct a complete review of the need for PFC Manning to be held in MAX custody and under POI watch?

DEEPER SIGH!

the person punished may in the meantime be required to undergo the punishment adjudged.

Other than the recommendation of the brig forensic psychiatrist, what other factors are considered in determining the need for POI watch?

Okay, I’m rolling my eyes at this point.

“A Quantico spokesman, First Lt. Scott Villiard, said that he did not know why Averhart recommended the suicide watch, but that the determination was “based on input from more than one person.” That included medical professionals, mental health professionals and the Marine guards who watch detainees, he said.”

Does the brig consider in the long-term effects of MAX custody and POI on the pretrial detainee? IF so, how?

Probably no more than any other prison.

Look, I relayed this ‘controversy’ to my mother and she said CITY JAIL is worse than what Manning is enduring. Personally, I’d rather be in solitary with books and teevee time than be in a mental institution where you’re woken every half hour to check on your well being or being accompanied on a leg shaving expedition.  Good grief! <<pdf

Here’s the deal! If you disapprove of the military, DON’T FREAKIN’ join! I seriously don’t understand why people do.  Manning continues to be fed, get exercise, read books, watch teevee and be comfortable if in isolation. US prison is usually not as nice.  Deal with it, move on until his trial.

If young Brad is ACTUALLY tortured, then I’ll complain.


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