4/24 Motion Hearing #1: Dr. Sondra Crosby

The court begins Thursday's session with AE205K, a government request, opposed by the defense, that a witness be allowed to testify under a pseudonym. CDR Brian Mizer explains that this is a general objection by the defense to "shroud[ing] these proceedings in secrecy." While there are obviously limits on openness in this context, the defense worries that by not publicly identifying the first witness to be presented to the court, it will serve as precedent to avoid identifying all future witnesses. Judge Pohl explains that the court can make these determinations on a witness-by-witness approach; allowing one witness to testify under a pseudonym does not mean all will be allowed to do so. As such, the defense's objection is overruled. From there, the court turns to a defense witness, Dr. Sondra Crosby, to be heard on AE205, a defense motion to abate the proceedings to allow Al-Nashiri to receive proper medical care as a victim of torture. Maj. Tom Hurley begins questioning for the defense. After a lengthy discussion of Dr. Crosby's training, education, activities, and qualifications, the defense offers her as an expert in the field of diagnosis and treatment of torture victims, as well as the appropriate standard of medical care for torture survivors. Lt. Bryan Davis for the government steps in to question Dr. Crosby's qualifications and concludes by objecting to the admission of Dr. Crosby as an expert for the psychological and psychiatric standard of care for torture victims, but accepting her qualifications as an expert in physical diagnosis of torture victims. Judge Pohl rules: Dr. Crosby is "accepted as an expert in the diagnosis and treatment of victims of torture with the caveat . . . that complicated treatment plans would probably be more appropriate by a psychiatrist or a psychologist." As Maj. Hurley continues with direct examination, Judge Pohl stops to clarify the rule for opinion evidence---while Dr. Crosby may generically describe how she reached her medical opinion as to whether Al-Nashiri currently suffers from physical or psychological problems due to torture and on the adequacy of current treatment, she cannot specifically explain how she arrived at that diagnosis unless challenged by the government to do so. After Dr. Crosby describes the general means by which she examined Al-Nashiri, she tells the court that "his psychological evidence is highly consistent with allegations of torture" and he suffers from chronic post-traumatic stress disorder. As to the adequacy of Al-Nashiri's medical treatment at the Guantanamo facility, Dr. Crosby finds multiple signs---in particular, the absence of a trauma history; the high turnover rate of doctors at Guantanamo; the failure to timely diagnose Al-Nashiri with PTSD, despite red flags; and the inadequate foundation for his 2013 PTSD diagnosis by government doctors and the change of that diagnosis in 2014---that the defendant is not receiving the care he needs. Given the extent of Al-Nashiri's PTSD, says Dr. Crosby, he requires "an experienced team which includes a psychologist or a psychiatrist who is experienced in the care of survivors of torture," as well as "a primary care family doctor who also has experience in treating survivors of torture with a number of subspecialists to address specific complaints and concerns." After a brief recess, Maj. Hurley and Judge Pohl enter a lengthy discussion about the ability of the defense to question the bases for Dr. Crosby's testimony, despite the fact that her testimony is otherwise inadmissible hearsay. Judge Pohl stands by his earlier decision on what topics Dr. Crosby may or may not testify, the defense briefly concludes its direct examination, and Dr. Crosby steps down.