Highest military court hears Abu Ghraib appeal

WASHINGTON — Lawyers for a former Army dog handler convicted of abusing detainees at Abu Ghraib prison in Iraq told the U.S. military’s highest court Thursday that he had been following orders when he allowed his unmuzzled dog to bark and lunge at prisoners.

The case of former Sgt. Michael J. Smith is the first one connected to the Abu Ghraib abuse scandal to go before the U.S. Court of Appeals for the Armed Forces in Washington.

Smith, of Fort Lauderdale, Fla., was among 11 low-ranking soldiers convicted after photographs of naked Abu Ghraib detainees in humiliating positions shocked the world in 2004. He was sentenced in 2006 to 179 days in prison and reduced in rank to private.

At the hearing before the five-judge panel, Smith’s lawyer, Army Reserve Lt. Col. Jonathan Potter, argued that the trial judge failed to properly instruct the jury to take into account whether Smith had been following a lawful order. A lawyer for the government, Army Reserve Maj. Karen J. Borgerding, said any order to use dogs that way would have been plainly illegal and any trained dog handler would have known that.

The defense countered that no evidence about the legality of such an order was ever presented.

Smith, who long ago completed his sentence, was not in the courtroom.

The judges gave no indication when they would rule. They typically take about three months after oral arguments to issue their decisions.