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CNN Live At Daybreak

Walker Lindh Heads Back to Court Today

Aired April 01, 2002 - 06:25   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: John Walker Lindh, the accused Taliban-American fighter, heads back to court today in Virginia. His lawyers will square off with government attorneys over Lindh's treatment after he was captured in Afghanistan.

CNN's Susan Candiotti has this preview for you.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): In newly-filed court documents, the government acknowledges what it calls the "bulk of the evidence" in its case against so-called American-Taliban John Walker Lindh came directly from him.

JOHN WALKER LINDH: My heart became attached to them.

CANDIOTTI: In statements to the military and FBI, after allegedly waiving his right to an attorney, and in this earlier CNN interview, prosecutors say Lindh, quote, "... made detailed statements to a variety of people, including a member of the media, regarding his criminal conduct and intent." The defense wants Walker Lindh's statements to interrogators thrown out, arguing their client was denied a lawyer.

In another filing, the Justice Department challenges a defense claim prosecutors are leaving out evidence that might help their client. According to defense filings, Walker Lindh allegedly told interrogators he, quote, "expressed disillusionment and disagreed with the September 11 attacks," but, quote, "It was too late for him to leave his unit on the front lines for fear of death." The government's response: the comments were, quote, "not even made by Walker Lindh, but rather one of his field interrogators who questioned him."

The Justice Department also dismisses Walker Lindh's claims of torture. For example, that he was taped naked to a stretcher. Prosecutors admit his clothing was removed, but only for an hour or two before given covers. "Were conditions at Camp Rhino ideal," asked the government. "Of course not." But the Marine Corps had not plucked John Walker Lindh out of the California suburb where he used to live and dropped him into a metal container in the middle Afghanistan; rather it was Lindh.

Prosecutors say Walker Lindh received the same food and care as U.S. soldiers, including a second haircut when he complained about the first one.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

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