4/25 Motion Hearing #1: Dr. M's Brief Appearance

The morning session starts off with the calling of a pseudonymous witness, Dr. M, to testify on Al-Nashiri's psychological diagnosis and current treatment at Guantanamo Bay. But there's already a problem: Learned Counsel Rick Kammen, of the defense, informs Judge Pohl that the witness viewed Dr. Sondra Crosby's testimony on Thursday. Although this witness is considered a defense witness, Learned Counsel Kammen notes that his team did not select this witness and so would like to conduct a voir dire to determine whether he will request a different witness. After a brief dialogue between Brig. Gen. Mark Martins, the chief prosecutor, and Judge Pohl, Dr. M of the US Army takes the stand. Learned Counsel Kammen's questioning reveals additional facts about the incident: The Staff Judge Advocate ("SJA") informed Dr. M on Thursday morning that Dr. Crosby was testifying that morning. Dr. M watched the testimony at the SJA's office in the morning. When Dr. Crosby was asked to return in the afternoon for additional testimony, the SJA again contacted Dr. M to watch the remainder of that testimony. After a few more questions about the incident and the extent of Dr. M's communication with the prosecution prior to taking the stand, the court recesses to allow the defense team to caucus. Upon return, Learned Counsel Kammen questions Dr. M to ensure that no other medical personnel viewed Dr. Crosby's testimony with him, nor did he discuss the anticipated content of today's testimony with the other medical personnel at the detention facility. The only person with whom Dr. M discussed Al-Nashiri's case is his psychiatrist. Learned Counsel asks that the witness be excused and then requests that the court allow the defense to call Al-Nashiri's psychiatrist during the afternoon session to avoid the many problems that the defense has with Dr. M---in particular, his refusal to meet with the defense prior to today's testimony, his numerous meetings with prosecution lawyers to discuss his testimony, and the SJA's invitation for Dr. M to watch Dr. Crosby's testimony. Brig. Gen. Martins objects, pointing out that the defense requested someone who is knowledgable about Al-Nashiri's entire treatment plan. The government believes that Dr. M has such knowledge, while the psychiatrist does not. However, because this witness was called by the defense, it is their decision whether or not to call Dr. M; if they choose not to do so and if the psychiatrist is available to testify, that is an option available to them. Before excusing Dr. M for good, Judge Pohl asks him about the psychiatrist. It turns out that the psychiatrist is an active duty Army physician whose deployment to Guantanamo Bay ended last week. He is now back at the Army's medical facility in El Paso, Texas. Dr. M is excused and Brig. Gen. Martin informs the court that the physician can be retrieved in short order for next week. After discussing some scheduling issues, the court enters a brief recess.