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Lynndie England: Oxygen Deprived at Birth

A military jury has begun hearing evidence in the sentencing phase of FPC Lynndie England's abuse trial. The prosecution called no witnesses. The defense case began with a doctor who testified England was cognitively impaired due to oxygen deprivation at birth. Her problems, which include speech impairment and reading disability, were diagnosed in kindergarten.

"I knew I was going to know Lynndie England for the rest of my life," West Virginia school psychologist Dr. Thomas Denne said.

How does that impact her moral judgment? The doctor said it made her less resistant to peer pressure. But does it excuse this behavior?

In one of the photos, England held a leash looped around the neck of a hooded, naked prisoner. Another showed her next to nude prisoners stacked in a pyramid, while a third depicted England pointing at a prisoner's genitals as a cigarette dangled from her lips.

I'm not surprised to learn she is mentally impaired. Does she deserve a lesser sentence than her boyfriend, Chief Abuser Charles Graner who got ten years? Yes. But she also doesn't deserve a walk or even a slap on the wrist. You don't have to be the sharpest knife in the drawer to know torture and abuse is wrong.

Update: I just received this from a very well-respected, excellent defense lawyer:

I've always thought that Lynndie England's facial features suggested Fetal Alcohol Syndrome, which can lower IQ. It doesn't surprise me to learn that she has diminished intelligence. Perhaps I work with too many clients with mental retardation, but her work history alone -- working as a bagger in a grocery store -- has always suggested cognitive problems to me.

While it is true that folks with mental retardation know the difference between right and wrong, the core issue is that of impulsivity -- essentially, that they don't learn from experience. So, they tend to do wrong things because, even though in the past they may have learned the difference between right and wrong, they don't retain that learning. This is why you find folks with mental retardation doing "wrong" things over and over again. Folks with MR also are much more vulnerable to being led by others (see, e.g., Charles Graner) into wrong actions.

Now, is Lynndie England MR? Hard to know. Had this been a capital offense, she wouldn't be exempt from execution if her IQ weren't 70 or below. Since she was labelled as "learning disabled" (which isn't dispositive because lots of times schools use this label to avoid the "stigma" of retardation and to avoid paying for the extra services that MR kids require), it's probable that her IQ is above 70, but less than 90. That would put her in the borderline MR category.

One final thing: just because her IQ is low or even in the MR range doesn't mean that Lynndie England couldn't get in the military. I've seen firsthand how recruiters will change ASVAB scores so that recruits will qualify for the military. Also, a person with borderline MR probably can function quite well in the military as long as their duties aren't very complex.

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    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#1)
    by DawesFred60 on Sat Dec 17, 2005 at 12:58:42 PM EST
    This woman is not evil she is nothing but one more politicak scapegoat for the low life show, I say put Bush in prison make his life sh#t, with a DD,She will not be able to take care of her kid or find a job or, name it. but fools will find it justice, but what about the big boys? who were ordering this outrage?

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    I wonder how many more "special needs" kids are in the military? Suddenly, the incomprehensible becomes a bit more understandable. Not excusable, but understandable.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    You cannot be serious that they brought that up. It changes nothing that what she did was wrong. As far as being less resistant to peer pressure --- bs!

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    You know, it's probably a fair consideration in the sentencing phase, but somehow progressives have to get the message back in the popular culture that our lives are not about our various hardships and challenges, our lives are about what we do with the talents and circumstances that we are given. That our ability to hew to some true christian values like mercy, love, generosity, turning the other cheek - these things are important. They show who we really are if we will stand by our values. Beating up folks, humiliating them, invading and occupying other countries, these are not christian or american values, they are globalization values. There's a bumper sticker that the loggers like here in the great northwest - it says Earth First - we'll log the other planets later. Kind of demonstrates the capability of being clever and stupid at the same time. Sort of like our foreign policy these days, clever and stupid. What happens to England is of no consequence. She should be sentenced to care for people in nursing homes for ten years. That might be justice and a way for her to make amends.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#5)
    by Maggie Mae on Sat Dec 17, 2005 at 12:58:42 PM EST
    I guess my questiion is how did someone so "disabled" get into the service to begin with? I guess in recruiting, quantity is more important than quality.

    I'm not surprised. I recently learned that textbook publishers who offer "low level, high interest" titles aimed at special needs students are pushing military themes. There's clearly some targeting going on in military recruitment.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#7)
    by Wile ECoyote on Sat Dec 17, 2005 at 12:58:42 PM EST
    Ahh the new american mantra, I'm not responsible for anything, Its my parents or societies fault.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#8)
    by Richard Aubrey on Sat Dec 17, 2005 at 12:58:42 PM EST
    Surprising scepticism here. Surprising. If this were,say, a murderer and your client, you'd be howling for instant dismissal of charges and state-paid oxygen tanks for life. What's the difference? Thinking....

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#9)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    Re: Coyote's reference to the new American mantra-- The issue is not whether England is responsible--but a broader examination of WHO is held responsible as an individual and WHO is NOT--and further, who gets protected from individual responsibility through mechanisms of power that are not in view of Fox news cameras. Why would anyone have their school psychologist talk about your problems as a kid in front of the world? Because its the one of the few levers of power left to you after those who are more powerful and at least equally accountable have taken their options and left you standing.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#10)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    "Posted by Angie: "You cannot be serious that they brought that up. It changes nothing that what she did was wrong. " Absent Bush's insane megalomania, Lyndie England might have been the much beloved a little impaired person in the platoon. It's BUSH that took Lyndie England to a war she may not have been sophisticated enough to understand. Her actions might have been ignorant, naive, even childlike cruel in their response to an atmosphere of brutality, racism, and sexual theatrics that has NOTHING to do with military discipline, the UCMJ, or American values. The collapse of military discipline under USPNAC orders must be blamed on BRASS. She didn't approve dogs used to torture detainees -- that was SANCHEZ. Her boyfriend, then, Graner -- what was his awareness of her impairment? The whole thing starts to look like a lot of people betrayed this girl, starting with the Centcom and Bush and ending with her pal Graner. Was he oxygen deprived, or just morally deprived? For sure he was command deprived. Unless he was under orders. Either they abandoned the troops, or ordered them to do it. It's criminal negligence or just plain criminal. It's BUSH who has destroyed all these people. How many great people did Bush kill among the Iraqis AND AMERICANS he had to slaughter to put in the USPNAC airbases? The evil of the UN-treaty violating Iraq invasion is not her fault -- it is yet another measure of Bush USPNAC (and Centcom) lawlessness. Their criminality forged hers. If she is to suffer for her actions, then Bush must be blamed for his. After all, these are his Paths of Glory, not L. England's. He's a coward who hides behind her impairment as well as his own.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#11)
    by kdog on Sat Dec 17, 2005 at 12:58:42 PM EST
    Has anybody checked Bush for oxygen depravation as a youth?

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#12)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    Blaghdaddy didn't want to be the one to raise the issue, but now that it's raised... Did anyone else notice something "not right" about her when the pictures came out last year? Blaghdaddy just figured everyone in West Virgiania looked like that, but now.... First impressions are so right sometimes...

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#13)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    That said...you do the crime, pay the time...she was smart enough to get IN...she can stay in and do the time...

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#14)
    by Kitt on Sat Dec 17, 2005 at 12:58:42 PM EST
    I'm disappointed in some of the responses here which I think miss one major point - one not lost on John Aravosis at Americablog - "The shocking aspect is not that Lynddie England is claiming she was oxygen deprived at birth (though if that was the case, what does this say about the people in our armed forces?) but that so much attention continues to be focused on her? Lynndie England is just more fodder for the entitled.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#15)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    Amen to Sister (Brother?) Kitt!

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#16)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:43 PM EST
    While I agree that she should be disciplined for these actions, I am appalled that the only ones being prosecuted are England, Grainer and Karpinski (sp?). There's no way that she dreamed up the scenes in those photos. She was following orders, that's what privates are supposed to do. What about those "intelligence types" who told them so "soften up" the prisoners for interrogation? Who are they and why aren't they being prosecuted?

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#17)
    by BigTex on Sat Dec 17, 2005 at 12:58:43 PM EST
    Sarcastic - the mental component is called the mens rea. The government (at least in civilian criminal trials) must show that the accused had the intent to commit the crime. For example, if you go to your local Wal-Mart and purchase a pair of pants, and unknown to you they have a roach clip in one of the pockets. You couldn't be convicted of possession parinaphelia because you had no intent to possess the roach clip. With drugs/alchol it's different. There you have the resiquite mental intent, but you did have the resiquite mental state when you consumed the drugs. States treat it in different manners, but the different schemes use either an exception to proving the mens rea component when drug induced capacity or use it as a mitigating factor. Either way it's legal fiction similar to a transfered intent type of deal, where the intent of the initial act (taking drugs to lower your mental capacity) causes you to be declared to have normal mental capicity.

    PP, Thanks pard. I think I'm gettin' it now. Sure seems to me the cow intended t' do what she did. Is part o' mens rea understandin' the consequences o' yer actions? Or whether what yer doin' is right or wrong? I guess I c'n see if she really is mentally challenged compared t' the rest o' the herd, she might not o' understood that what she done here was wrong, or, maybe, how wrong it was. I think I'll use this diction for the rest o' the day as a requiem t' the late BigTex.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#19)
    by Dadler on Sat Dec 17, 2005 at 12:58:43 PM EST
    nothing "excuses" it, but all relevant psychological information should be weighed in this phase. blaming this ugliness entirely on grunts like england is the real crime.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#20)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:43 PM EST
    LOL Sarcastic, it's not as easy as it looks. Like Blaghdaddy's third person, it gets to you trying to express yourself and toe the colloquial line.

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#21)
    by Richard Aubrey on Sat Dec 17, 2005 at 12:58:46 PM EST
    Do we know for sure about the O2 thing? Or is it just a defense assertion as with the fragging soldier's mental illness?

    Re: Lynndie England: Oxygen Deprived at Birth (none / 0) (#22)
    by Richard Aubrey on Sat Dec 17, 2005 at 12:58:46 PM EST
    TL. If she'd shot one of her officers, your position would be, in regards to the last question, hell yes.