Padilla Evidence Missing, Feds Say

(AP)  The videotape of intelligence agents' final interrogation of al Qaeda suspect Jose Padilla is missing, raising questions about whether federal prosecutors have lost other tapes and evidence as the case finally nears trial.

Padilla's defense attorneys have said they believe there is something on the classified tape related to their contention that Padilla does not trust them and thinks they may be government agents themselves.

The tape of the March 2, 2004, interrogation at a Navy jail in Charleston, S.C., may contain "information that was conveyed to Mr. Padilla by agents of the government which directly impacts upon his relationship with his attorneys," attorney Anthony Natale alleges, according to federal court documents.

Padilla, a 36-year-old U.S. citizen, is scheduled to stand trial April 16 along with two co-defendants on charges of being part of a North American terrorism support cell. When he was initially arrested in 2002, Padilla was accused of preparing an al Qaeda plot to detonate a radioactive "dirty bomb" in the United States — but the criminal case does not mention that.

Federal prosecutors and the Defense Department's intelligence agency have said they cannot find the tape despite an intensive search. James Schmidli, the agency's deputy general counsel for operations, said there were 88 video recordings of Padilla interrogation sessions during his 3 1/2 years in custody as an "enemy combatant" at the military jail before he was turned over to civilian authorities.

Eighty-seven of those tapes have been turned over to defense lawyers, leaving only that last session unaccounted for, he said.

"I don't know what happened to it," Schmidli said during a recent court hearing.

The federal judge overseeing the case, U.S. District Judge Marcia Cooke, was incredulous that anything connected to a defendant as high-profile as Padilla could simply be lost.

"Do you understand how it might be difficult for me to understand that a tape related to this particular individual just got mislaid?" Cooke told prosecutors at a hearing last month.

Padilla's lawyers sought the brig tapes, medical records and other details about his incarceration there to buttress their claims that he is suffering from post-traumatic stress disorder stemming from his long isolation and repeated interrogations. Cooke ruled Feb. 28 that Padilla is nevertheless competent to stand trial.

Padilla's attorneys also are seeking to dismiss the indictment entirely, accusing the Bush administration of "outrageous government conduct" by mistreating and even torturing Padilla at the Navy jail. Justice Department and Pentagon officials have repeatedly denied those claims.

[sero5]

Whoever has the videotape might post it on YouTube.

[tucson23]

The only reason the Christian Right continues to support this lying, torturing, and sinning president is that they're too stupid to know better. They don't know what it means to be American, and they don't even know what it means to be Christians. If Jesus were all about banning abortions, trampling on human rights, and discriminating against brown people, ***, liberals, and the poor, this would all make much more sense from a Christian point of view. How can people read the Bible every day, yet fail to understand what it's trying to tell them? Well, it's because the hard-core religious are simply stupid people. I'm sorry to have to say it, but there's simply no other explanation.

[kphx]

Don't raise your voice. You will be charged as an enemy combatant - who has no rights whatsoever.

Just go to church, thump your Bible and do whatever your pastor asks you to do. That's all the rights Americans are entitled to. ENEMY COMBATANT ... BOOO ....

[tuckerndfw]

What is really amazing is that there is anyone left who publicly supports George Bush. If this was an isolated incident, we might be able to write it off as one of those things.

But, this is the same pattern that has been used throughout Bush's reign of terror on the American people, Constitution and world.

He is the most incompetent president in US history, without exception. These types of "errors" are the trademark of his entire administration.

He and his boss, D. Cheney, should be impeached.

[sasi1-2009]

Now if you believe they've really lost that tape, I have a bridge to sell you!!!

[bildooreilly]

Another trumped up phony "terror case" when the fact is the real terrorists hide under the guise of "officialdom." Sure Padilla was a gangbanger, and probably not the nicest guy in the world but I think the government is just trying to hang someone to make themselves look good. 9-11 was an inside job, just like OKC bombing, and the first WTC attack.

[unhipcat]

Oh, yeah. Like YOU'VE never lost the videotape of the interrogation the first terrorism suspect the nation arrested after 9/11 who was going to detonate a nuclear device in an American city.

[crater7]

IMAGINE THAT! HOW CONVENIENT.

[fleshmonger1]

A very wise man once said if you really want to test the decency of a man, give him power. I think we are seeing all too clearly the lack of decency in those who lead us... These are sad days indeed.

[ramos937]

This is patetic. I really do not know if Padilla is innocent or guilty. But under any circumstances, he deserves a fair and open and complete trial. Now, the administration is even trying to deny him that. It is no wonder they tried delaying him his day in court for so long. No more delays - either convict him in open court and sentence him or release him with due compensation.