4/24 Motion Hearing #3: Dr. Crosby's Return

The court briefly considers AE236, a defense motion seeking clarification or creation of process by which it may appeal denials of access to two classified government servers---the Joint Worldwide Intelligence Communications System (JWICS) and the Secret Internet Protocol Router Network (SIPRNet). Maj. Hurley explains that currently the defense may only access those servers when it is deemed to have a "need to know," but there is currently no mechanism to appeal decisions on whether the defense has such a need. Civilian prosecutor Justin Sher objects to what could amount to unfettered access to extensive classified networks when the defense team already can request classified information via discovery. The defense is essentially trying to double-check the government's discovery responses, says Sher. On Maj. Hurley's rebuttal, Judge Pohl asks how defense access to JWICS and SIPRNet would be different than allowing them to walk into a government office and look through all the filing cabinets. Maj. Hurley reminds the court that the defense is only requesting a clarification of the process for appealing a determination on defense counsel access to those systems, rather than a court determination on whether they should have access. After that discussion, Dr. Sondra Crosby returns to the witness stand. Judge Pohl reminds the doctor that, as before, she is under oath and is not to reveal classified information to which she has been made privy for this testimony. Maj. Hurley asks Dr. Crosby whether, when she was physically evaluating Al-Nashiri, she saw anything that comported with her diagnosis that he had been tortured. She responds in the affirmative, describing elements of both his demeanor and physical condition that are "consistent with a history of torture." According to Dr. Crosby, Al-Nashiri "displayed a wide range of emotions . . . from irritability, to anger to extreme emotional intensity." She also observed pain from touching of various Al-Nashiri's shoulder, back, buttocks, and legs. Maj. Hurley also questions Dr. Crosby about red flags in the medical records on Al-Nashiri at Guantanamo Bay. She describes evidence of psychological and physical ailments indicative of a history of torture, including anal-rectal complaints and avoidance behavior, but notes that the doctors at Guantanamo "treated the symptoms . . . without treating the cause." None of this, says Dr. Crosby, was adequately recorded by the Guantanamo Bay physicians in Al-Nashiri's medical history. Lt. Davis objects for the prosecution, noting that this testimony focuses on Al-Nashiri's past treatment, rather than the adequacy of current treatment; Judge Pohl overrules the objection insofar as "current treatment is predicated on past treatment." However, when the defense prompts yet another objection from Lt. Davis by questioning Dr. Crosby on Al-Nashiri's recent flashback---possibly triggered by the court's proceedings---Judge Pohl takes over the questioning. He is able to elicit from the doctor her opinion that Al-Nashiri is not being treated properly for his PTSD. After a few more questions seeking to establish that the nonmedical leadership at Guantanamo Bay had influence over at least some of the decisions of the medical personnel there, the defense concludes its questioning. With not cross-examination by the government, the court dismisses Dr. Crosby and briefly recesses.