Frakt, David - short clip - JawadsConfession
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| - | I started to see how it could happen. | 0:00 |
| As I learned about how bounties | 0:03 | |
| were offered to turn people in. | 0:05 | |
| But in Jawad's case is very instructive because, | 0:09 | |
| as I said he was accused of throwing this hand grenade, | 0:13 | |
| he was arrested. | 0:15 | |
| The American's military in Kabul, went to the Afghan's. | 0:19 | |
| They said "We want, whoever was responsible for that attack, | 0:24 | |
| we want them, turn them over." | 0:26 | |
| You know, "Our people were injured, we're angry. | 0:27 | |
| That's a terrorist. | 0:30 | |
| We want to know, we want to interrogate them." | 0:31 | |
| Now, several people were arrested | 0:33 | |
| after this hand grenade attack. | 0:37 | |
| But the Afghans told the Americans | 0:40 | |
| "Oh we've got the guy responsible. | 0:43 | |
| He's confessed. Here he is." | 0:45 | |
| And they gave him Mohamed Jawad. | 0:47 | |
| The next day, the Afghan Interior Minister | 0:50 | |
| held a press conference and said, | 0:53 | |
| "We captured three foreign nationals | 0:55 | |
| who were responsible for that. | 0:57 | |
| Three adults. They've all confessed." | 1:00 | |
| The Americans didn't follow up. | 1:02 | |
| They thought they had their guy, | 1:04 | |
| it was this teenage kid, and that was the end of it. | 1:05 | |
| So having been told that he was guilty and confessing, | 1:09 | |
| they were given his handwritten confession. | 1:13 | |
| During the, | 1:19 | |
| as the pre-trial litigation was progressing, | 1:21 | |
| and we were approaching having a suppression hearing. | 1:26 | |
| I asked my Pashto interpreter | 1:30 | |
| if he would review this handwritten confession | 1:33 | |
| and that we were given a translation of it. | 1:36 | |
| I said, "Can you look at this and make sure | 1:37 | |
| that the translation is accurate?" | 1:39 | |
| And he said "Okay." | 1:42 | |
| And he looks at it and he said, "Well I can't do it." | 1:44 | |
| I said, "Well, why not?" | 1:45 | |
| He said, "This is not written in Pashto. | 1:47 | |
| This is written in Farsi." | 1:49 | |
| Now my client, Mohamed was illiterate. | 1:52 | |
| He couldn't read, he couldn't write. | 1:56 | |
| And he didn't speak Farsi, or Dari, the Afghan dialect. | 2:00 | |
| So this confession, I mean I knew was not written by him | 2:06 | |
| but now I find it's written in another language? | 2:11 | |
| And I, you know I go to the prosecution, | 2:15 | |
| "This is your evidence?" | 2:17 | |
| And as Jawad explained it, he said he was told, | 2:20 | |
| "Here's your release paperwork. Put your thumbprint here." | 2:24 | |
| because he couldn't sign his name. | 2:27 | |
| So he put his thumbprint on it. | 2:29 | |
| That was his, it turned out that he was thumb printing | 2:30 | |
| the confession that they had written for him. | 2:33 |
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