Before resuming cross examination, counsel for both parties discussed the possible presentation by the defense of a live demonstration using flexcuffs. The prosecution objected under federal rules of evidence 403 as being unfairly prejudicial and inappropriate. They provided case law and argued that there was no way to prove the cuffs used in the demonstration were the same type used on the witness and also that the witness did not see how the cuffs he had on him were removed because his arms were tied behind him. The matter was to be resolved at lunch.
The defense then resumed its cross-examination of witness Mr. J. Defense began with the witness’ first escape from Gbatala. The defense questioned the witness about his employment with AccionFem and that he had traveled south across the bridge to Bana and then to Monrovia and that the witness took this route several times. The defense made numerous attempts to get the witness to admit to knowing he was going ”south” deeper into Liberia, but the witness consistently said he did not know if he was going south, although he did know what cities he was going to.
The defense then read the witnesses statements from the previous day. In the statement read, the witness had claimed he was kept two nights in the Gbarnga Police Station but now was saying it was only one night. The witness agreed that the previous statement was incorrect, he was only there one night.
The witness later agreed that in Voinjama he saw Campari. However, under prior testimony, the witness said previously it was Gbatala where he first saw Campari. The witness admitted it was in December in Voinjama where he had first seen him.
The defense asked the witness if he had spoken to anyone about his testimony in this case, specifically, if the witness had told a man named Tori. The witness said no. The defense asked how the plastic cuffs were removed but the witness didn’t know exactly.
During the first escape there was no one chasing him. He was naked, tired, and weakened. Yet, as the defense phrased it, he was still able to run for eight hours before being re-captured by the ATU. Once captured, the ATU brought the witness to the same part of the camp which is where the Abu Cole incident occurred. After that the witness was placed in a whole with another man M. T. The plastic cuffs were removed before being placed in hole. The soldiers tied the two prisoners, the witness and M.T., with their hands raised above them through the metal grating covering the hole. The hole was filled water and other foul things. The prisoners were fed hot cassava roots and rice. The witness also said he was burned with plastic.
Somehow a metal spoon fell into the hole, even though the prisoners had been being fed with plastic plates. The witness apparently broke the spoon and sharpened the broken edges which took him several hours to do. That same night the witness escaped. He was caught the next day and taken to Monrovia.
The defense attacked the witness’ previous statement that he had been physically incapable of picking up his daughter after he had eventually got away from detainment due to the injuries he sustained from the torture. The defense questioned the cause of the pain since the witness appears to have been able to escape with the use of his arms, the pain to his arms must have occurred sometime after that. The prosecution’s objection that the defense was talking over the witness was overruled. The witness said that it was at BTC when the pain endured. He was not paralyzed in the cell. So the witness cut plastic with a spoon and escaped from the hole, even though a man had told him he heard the soldiers were going to kill men from Sierra Leon. The witness was going to escape anyways.
The defense then asked about the witness’ second escape. During this escape attempt, the witness was away from the camp longer than the first escape. He was naked, saw a farm, found some pants and a shirt. The ATU ran toward them. Chuckie wasn’t there. M.T. struggled with the soldiers so they beat him. The witness was tied tiebay with ropes (not cuffs). They walked back to base and the soldiers took the witness to Chuckie and Campari. Campari ordered them killed but news from Monrovia came to the effect saying “Papi wants to see these guys” addressed to Chuckie. The soldiers continued beating them anyways. They replaced the rope with plastic and the witness got to the compound of Charles Taylor Sr. at night. Taylor Sr. was dressed in panjamas at that time. Taylor Sr. asked the witness prisoner: are you the guys who refuse to go to the country and fight when they are most needed and were they the commandeers who attacked Voinjama? Taylor Sr. then said he would order them to be taken to a beach and have their heads cut off. The defense minister was also present and felt they should have killed the witnesses earlier and that instead they should just interrogate them. But that never happened.
At BTC the witness was put in a room with lots of people. He was eventually brought to the clinic. A man, D.C., eventually saw him several days later in cell. The witness not sure if he saw D.C. say “please don’t report this” to a woman named C.V. The witness never saw D.C. begging on his knees to her. The witness was at Greystone Clinic several days and then taken to a refugee camp. While at the camp, he was taken away more than three times to get beaten by Liberian police officers. One of the beatings, he was taken to Cardeel Police Station and was there until the morning.
Mr. K. had a daughter who was the lady M.T. brought to Sweden as his wife. M.T. later brought his first wife later. The witness refused to talk to defense and doesn’t know why. The witness didn’t tell the prosecution that M.T. lied about his wives. The witness knew he would testify in M.T. trial. The witness went to a forensic medical expert but had no pyschological exam and refused to use defenses medical experts.
Four people killed at bridge, gunshot wound from an ambush in Sierra Leone in 1995 by rebels. Lots of opportunity to get injured during war. Its not as safe as the United States. In 2002 the Civil War was declared over. He feels that Sweden is home to him. He has been there eight years.
RE-DIRECT BY PROSECUTION
At the checkpoint, the witness had his watch taken away. Because of that he could not give precise times. The prosecution asked: “When watching the defendant select men in your group, how important was time? …When you saw men shot? ….Beaten?” He was not able to take notes. Time was not important. It didn’t matter how long the beatings took.
During his second escape the witness was thinking at that time, “either escape or they kill me.” His heart was beating faster. He was brought back to Gbatala and saw Chuckie. Chuckie was angry because he was beating the witness harder. Chuckie was angry when he got letter. The witness was not able to see what happened to the four bodies. He just saw the head at the checkpoint.
During his meetings with prosecution, the witness saw a psychologist in Miami. He was having nightmares. The witness said neither gunshot nor missing finger were due to Chuckie. When the prosecution asked: “do you think about leaving?” the defenses objection to being a leading question was sustained.
RE-CROSS was asked by the defense and the judge asked the parties to approach the bench. No re-cross.
NEXT WITNESS – M.C. (female)
Born in Sierra Leone in 1977. Went to school then stopped when she got pregnant. She lived with her man’s family in Boa. Then went to Kenema and lived with mom and sister. She has one brother and three sisters. Previous witness J. was her twin sister’s husband. She met A.W. in Kenjima. In Voinjama she lived with her sister and her sister’s husband J. They left there when it was attacked. Met A.W. and J. at village. They took a ride with UN truck and spent night in Zorzor.
At the checkpoint they removed the men. The witness knew M.T. from Voinjama but she was not close to him. He was at bridge too. She heard gunfire. The truck took the women and children to camp. It was a longtime before she saw J. at BTC. He was in a cell with three other men.
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