Lawsuit seeks ethics investigation of Guantanamo BSCT psychologist Col. Larry James
May 2nd, 2009
When it comes to psychologists potentially participating in abusive interrogations, it takes a lawsuit to even stand a chance at getting an investigation, as my colleague Trudy Bond has discovered.
And while the American Psychological Association repetitively states “we stand ready to adjudicate” any potential cases of abuse, they also refused to even open an investigation of potential abuse by Col. Larry James. After all, as the article states:
James is a member of the psychological association’s governing body.
It is perhaps not surprising that much of the APA leadership has leapt to Col. James’ defense, without bothering to investigate.
Lawsuit seeks board action
Psychologist demands censureBy Joe Gyan, Jr.
A Louisiana-licensed psychologist played a key role in harsh Army interrogations at U.S. prisons in Cuba and Abu Ghraib in Iraq, according to a lawsuit filed in state district court in Baton Rouge.
The suit pits Ohio psychologist Trudy Bond against the Louisiana State Board of Examiners of Psychologists and accuses retired Army Col. Larry C. James of professional and ethical violations in his former role as chief psychologist at Guantanamo Bay and Abu Ghraib.
Bond, who filed a complaint against James with the Baton Rouge-based LSBEP in February 2008, sued the board in July after it dismissed her complaint and rejected her request for an investigation of James.
Bond wants a 19th Judicial District Court judge to send the case back to the board “for a full and complete investigation and hearing,’’ according to her petition for judicial review of the board’s actions.
James, a former New Orleanian who has been licensed in Louisiana since 1990, became dean of Wright State University’s School of Professional Psychology in Dayton, Ohio, on Aug. 1.
Through university spokeswoman Stephanie Ely, James on Thursday said it would not be prudent for him to comment on the pending litigation.
In a 2008 book he co-authored titled, “Fixing Hell: An Army Psychologist Confronts Abu Ghraib,’’ James says the Army sent him to the U.S.-run Abu Ghraib prison — after shocking photos of prisoner abuse and torture surfaced — to right the wrongs that occurred there.
Prior to Abu Ghraib, James was sent to Guantanamo Bay where his expertise led to the development of many of the standards for humane practice that are now in place at all Department of Defense and POW prisons, according to The Lavin Agency, a Cambridge, Mass.-based speakers bureau that represents James.
Bond’s complaint and petition, however, paint an entirely different picture.
She says James was chief psychologist at Guantanamo from January 2003 to mid-May of that year, as well as deputy director of the Guantanamo Behavioral Science Consultation Team at the military base, and chief psychologist at Abu Ghraib in 2004.
“Dr. James knew, must have known or should have known of violations of professional and ethical codes of conduct related to interrogation programs he helped design and implement, of professional and ethical violations by other psychologists, and of abuse and ill-treatment of detainees at Guantanamo and at Abu Ghraib,’’ Bond’s petition alleges.
The petition contends James “supervised, condoned, authorized and was aware or should have been aware of” interrogation protocols and techniques used at Guantanamo and Abu Ghraib.
After the Sept. 11, 2001, attacks, President George W. Bush established the prison for suspected terrorists at Guantanamo Bay, Cuba, and approved tough interrogation methods.
The American Medical Association and the American Psychiatric Association bar their members from participating in interrogations, but the American Psychological Association has fought against such a restriction.
James is a member of the psychological association’s governing body.
Bond’s complaint also alleged that a U.S. military program — designed to train U.S. troops at high risk of capture how to resist interrogation, abuse and torture — was used by psychologists at Guantanamo.
The Survival, Evasion, Resistance, and Escape program training includes sleep deprivation, sexual humiliation, “noise stress’’ and the “religious dilemma’’ — which involves desecration of religious materials, her petition alleges.
“Instead of using this knowledge to aid U.S. military personnel … , the psychologists involved in interrogations at Guantanamo, including Dr. James, utilized this information … in interrogations which resulted in serious harm, abuse and ill-treatment of detainees at Guantanamo during the time of Dr. James’ assignment there,’’ the petition alleges.
An attorney for the Louisiana State Board of Examiners of Psychologists has asked state District Judge Mike Caldwell to dismiss Bond’s petition.
In a formal answer to the petition, Amy Groves Lowe — a lawyer with Taylor, Porter, Brooks & Phillips LLP in Baton Rouge — denied Bond’s allegations, said the complaint was not filed timely, and added that the allegations are pre-empted by federal law.
Bond, who contends she first learned of James’ position at Guantanamo in August 2006 and at Abu Ghraib in August 2007, claims her complaint was timely filed.
Lowe also said the board acted “appropriately and in accordance with statutory law.’’
Brian Childs, a lawyer in the Boston office of the Nixon Peabody law firm, said the firm is on the verge of becoming lead counsel for Bond in the case.
New Orleans civil rights attorney Mary Howell, who filed Bond’s petition, said she is turning the case over to Nixon Peabody.
Childs, who said his firm will represent Bond on a pro bono basis, declined to comment specifically Thursday on the case and said Bond would be available for comment at a later date.
“We’re taking a serious look at it and take the case seriously,’’ he said.
Nixon Peabody attorneys prepared the writ filed at the U.S. Supreme Court for captives held at Guantanamo without formal charges ever filed against them.
Entry Filed under: Accountability,APA,Guantanamo,Interrogation,Law,Psychological Torture,Psychology,SERE,Torture,Uncategorized,War Crimes