Layne Morris

Sergeant Layne Morris (b. circa 1961) is a retired soldier in an American Special Forces unit. Sergeant Morris was wounded and blinded in one eye during a fire-fight on July 27 2002 that left Sergeant 1st Class Christopher J. Speer dead.

Fifteen year-old Canadian Guantanamo captive Omar Khadr is alleged to have been responsible for Speer's death.It is frequently reported that Speer and Morris were wounded by the same grenade.However it is uncertain who actually wounded Morris. A wounded Morris was evacuated from the site of the skirmish hours before Speer was mortally wounded.cite news
url=http://canadianpress.google.com/article/ALeqM5iaYzt-LYZZGZL1fQzvXzcqDmZqBw
title=Gitmo trials rigged, PM should push for Khadr's return: U.S. military lawyer
publisher=Canadian Press
date=2008-07-16
accessdate=2008-07-17
quote=Kuebler called that scenario 'a complete figment of his imagination,' noting a wounded Morris had been taken from the immediate battle scene before Speer died. [http://www.webcitation.org/query?url=http%3A%2F%2Fcanadianpress.google.com%2Farticle%2FALeqM5iaYzt-LYZZGZL1fQzvXzcqDmZqBw&date=2008-07-17 mirror] ]

Khadr's father Achmed Said Khadr had been a close associate of Osama bin Laden and worked alongside Al-Qaeda. In a controversial move Sergeant Morris joined with Sergeant Speer's widow, Tabitha Speer, in a legal action against Achmed Khadr's estate. His argument is that since Omar Khadr was only fourteen, he couldn't be held responsible for his actions -- but his father could.

Acts of war

Normally "acts of war" are not subject to civil suits. Morris and Speer argue that Khadr was a terrorist, not a soldier -- so his actions were not an act of war, but terrorism, and were therefore subject to civil suits.

Speer was wounded at the end of the skirmish, by a grenade allegedly thrown by Omar Khadr, widely reported to be the only survivor in the ruins of the compound. But Sergeant Morris was wounded at the beginning of the skirmish, so it is unclear whether one of Khadr's comrades wounded him. It has recently been established that there was another survivor besides Khadr. He was shot to death by one of the U.S. soldiers, who then admits he shot Khadr twice in the back, although nobody claims to have seen Khadr doing anything hostile.

Guantanamo military commission prosecutor Morris Davis said, on January 10 2006, that he plans to call Layne Morris as a witness against Khadr.

On February 16 2006 U.S. District Judge Paul Cassell awarded Morris and Tabitha Speer triple damages, totalling $102.6 million. [http://www.sltrib.com/utah/ci_3522572 GI injured in Afghan war wins lawsuit: Unique case: Court awards default judgment to man blinded in one eye] , "Salt Lake Tribune", February 16 2006]

Guantanamo military commissions

Omar Khadr was named as one of the ten detainees who faced charges before special military commissions. These commissions were not courts martial.

Colonel Morris Davis, the chief Prosecutor, announced that he was going to call Layne Morris as a witness against Khadr. Colonel Davis indicated that he was going to call on Sergeant Morris to testify that he too knew he was injured by Khadr. In an interview on Feb 6, 2008, Layne Morris admitted that he was outside the compound when injured, and couldn't see who injured him. Furthemore, Sgt Layne stated he was airlifted out before the special forces group entered the compound, so could not have witnessed anything inside, including the death of Sgt Speer. He never laid eyes on Omar Khadr. Layne's interview can be heard on CBC Radio for Feb 6, 2008 on the program, "The Current"On June 29 2006 the US Supreme Court upheld an earlier ruling that the commissions were unconstitutional, violated the Uniform Code of Military Justice and the USA's obligations under the Geneva Conventions.

Sergeant Morris told interviewers he was disappointed that the military commissions had been overturned.
*"It is justice delayed. I don't think that's a good thing ... I think those tribunals could have provided a trial viewed as fair by most of the world. In that sense, I think it is unfortunate," [http://www.canada.com/components/print.aspx?id=3eec4f23-3b4e-4e6c-850d-861913496989&k=16603 Wounded soldier miffed tribunal for Canadian detained in Guantanamo is off] , "National Post", June 30 2006 [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.canada.com%2Fcomponents%2Fprint.aspx%3Fid%3D3eec4f23-3b4e-4e6c-850d-861913496989%26k%3D16603&date=2008-07-17 mirror] ]
*"I guess I don't agree with giving these people all of the legal rights that citizens have," [http://www.alertnet.org/thenews/newsdesk/N29385753.htm US ruling won't close Guantanamo camp-Pentagon] , "Reuters", June 30 2006]
*"I think everyone on both sides of the political aisle just wants to see some sort of resolution to their status and I guess it's just going to take longer now to figure out how that process is going to work." [http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1151617836797&call_pageid=968332188854&col=968350060724 Send Khadr home, lawyers urge U.S.: Top court deems tribunals illegal Toronto teen held at Guantanamo] , "Toronto Star", June 30 2006]
*"I've always believed, with the military culture, the U.S. would want a pound of flesh for one who allegedly killed one of its own." [http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1151617836797&call_pageid=968332188854&col=968350060724 Send Khadr home, lawyers urge U.S.: Top court deems tribunals illegal Toronto teen held at Guantanamo] , "Toronto Star", June 30 2006]

Comments on Khadr's charges under the Military Commissions Act

On May 10 2007 Omar Khadr was charged, a second time, under the Military Commissions Act of 2006.Fact|date=June 2007

On June 4 2007 Colonel Peter Brownback, the officer presiding over Khadr's military commission dropped all charges against Khadr.cite news
url=http://www.citynews.ca/news/news_11701.aspx
title=U.S. Soldier Wounded In Firefight Involving Khadr Wants Justice
date=Tuesday, June 5 2007
publisher=City TV
accessdate=2007-6-8 [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.citynews.ca%2Fnews%2Fnews_11701.aspx&date=2008-07-17 mirror] ] An article on the website of City TV reported that Morris was angry over the dismissal of charges against Khadr.

U.S. Terrorism Risk Insurance Act

An article published in the June 14 2007 "Salt Lake Tribune" said that Morris and Speer's widow might collect funds via the U.S. Terrorism Risk Insurance Act.cite news
url=http://www.sltrib.com/ci_6140530
title=Judge clears way for wounded soldier to collect judgement against terrorist
publisher=Salt Lake Tribune
date=June 14 2007
author=Dawn House
accessdate=2007-06-14] The article quotes a Treasury Department official who acknowledged that Ahmed Khadr's assets had been frozen, but said it was up to Morris and Speer to locate them.The article said that Senator Orrin Hatch had been asked to intervene, and that he was "very interested".

On January 26 2008
Dawn Housewrote in the Salt Lake Tribune that it is the position of the US Federal Government that it has "sovereign immunity" over the seized funds, and that it does not have to comply with a judgment in a civil suit.cite news
url=http://www.sltrib.com/ci_8083722
title=Feds fight order to turn over terrorist funds
publisher=Salt Lake Tribune
author=Dawn House
date=January 26 2008
accessdate=2008-02-06
quote=Federal officials have frozen the funds, but the U.S. government cannot hand over any money because it is not subject to rulings in civil lawsuits, says U.S. Attorney Jeffrey Taylor. ] House quoted a motion submitted by Jeffrey Taylor, a United States Attorney::

Comments on the unredacted testimony of witness OC-1

A package of documents handed out to reporters prior to a hearing where Colonel Peter Brownback was scheduled to hear arguments as to whether Omar Khadr combatant status was legal or illegal contained a classified document that contained surprise testimony.cite news
url=http://www.thestar.com/News/World/article/301161
title=Injured U.S. soldier 'shocked' Khadr wasn't alone: 'Everyone told me from the get-go that there was only one guy in there,' ex-Green Beret says
publisher=Toronto Star
author=Michelle Shephard
date=February 6 2008
accessdate=2008-02-06
quote=A document inadvertently released to reporters here Monday disclosed that after the grenade was thrown, a U.S. operative killed another suspect and then shot Khadr twice in the back. The revelation casts doubt on the Pentagon's assertion that Khadr threw the grenade that fatally wounded Delta Force soldier and medic Christopher Speer. [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.thestar.com%2FNews%2FWorld%2Farticle%2F301161&date=2008-07-17 mirror] ] A five page statement, from an American who shot Khadr, revealed that Khadr hadn't been the only occupant of the compound to have survived the American aerial bombardment. The statement revealed that Khadr had been shot in the back, that he was sitting upright, with his back to the skirmish.

In a telephone interview with Michelle Shephard of the "Toronto Star" Morris said:According to the Shephard, Morris believes there is evidence that: "Omar was the grenade man."

In a broadcast on the Canadian Broadcasting Corporation show "The Current", transmitted on Wednesday February 6 2008, Morris statedcite news
url=http://www.cbc.ca/world/story/2008/02/06/khadr-morris.html
title=Omar Khadr was alone in bunker, U.S. soldier maintains
publisher=CBC News
date=February 6 2008
accessdate=2008-02-06
quote=A U.S. soldier said he was shocked to hear a new witness account that Canadian Omar Khadr wasn't the only one who could've lobbed a grenade that killed his military colleague, but maintains there is evidence it was him. [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbc.ca%2Fworld%2Fstory%2F2008%2F02%2F06%2Fkhadr-morris.html&date=2008-07-17 mirror] ] ::

References

External links

* [http://www.cageprisoners.com/articles.php?aid=4177 a brief account of Layne Morris's civil suit] .
* [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1091798117326_38?s_name=&no_ads= U.S. woman sues dead Khadr dad for $10 million] , "CTV", August 6 2004
*cite news
url=http://www.cbc.ca/national/blog/video/transcripts/layne_morris_1.html
title=Layne Morris interview
publisher=CBC News
author=George Strombolopolous
date=
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbc.ca%2Fnational%2Fblog%2Fvideo%2Ftranscripts%2Flayne_morris_1.html&date=2008-07-17 mirror]
*cite news
url=http://www.cbc.ca/thehour/thehour_player.html?20051109-Khadr_soldier
title=Interview with Layne Morris
publisher=
date=November 2005
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DXwAL_ehXmgg&date=2008-07-17 you-tube mirror]
*cite news
url=http://www.nytimes.com/2007/06/03/us/03gitmo.html?pagewanted=all
title=A Legal Debate in Guantánamo on Boy Fighters
publisher=New York Times
author=
date=
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nytimes.com%2F2007%2F06%2F03%2Fus%2F03gitmo.html%3Fpagewanted%3Dall&date=2008-07-17 mirror]
*cite news
url=http://www.nationalpost.com/news/story.html?id=656852
title=Khadr 'earned' Guantanamo stay, says soldier
publisher=National Post
author=Stewart Bell
date=2008-07-15
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nationalpost.com%2Fnews%2Fstory.html%3Fid%3D656852&date=2008-07-17 mirror]
*cite news
url=http://findarticles.com/p/articles/mi_qn4188/is_20041112/ai_n11486258
title=Veteran lost eye but sees world clearly
publisher=Deseret Evening News
author=Lee Benson
date=2004-11-12
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Ffindarticles.com%2Fp%2Farticles%2Fmi_qn4188%2Fis_20041112%2Fai_n11486258%2Fprint%3Ftag%3DartBody%3Bcol1&date=2008-07-17 mirror]
*cite news
url=http://findarticles.com/p/articles/mi_qn4188/is_20060109/ai_n15989251/print?tag=artBody;col1
title=W.V. man yearns for closure
publisher=Canwest News Service
author=Sheldon Alberts
date=2006-01-09
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Ffindarticles.com%2Fp%2Farticles%2Fmi_qn4188%2Fis_20060109%2Fai_n15989251%2Fprint%3Ftag%3DartBody%3Bcol1&date=2008-07-17 mirror]
*cite news
url=http://www.cbsnews.com/stories/2007/11/16/60minutes/main3516048.shtml
title=Omar Khadr: The Youngest Terrorist?
publisher=CBS News
date=2007-11-18
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbsnews.com%2Fstories%2F2007%2F11%2F16%2F60minutes%2Fmain3516048.shtml&date=2008-07-17 mirror]
*cite news
url=http://www.24-7pressrelease.com/pdf/2008/05/18/press_release_50392.pdf
title=Salt Lake City Injured Veteran Given Bed to Help Sleep
publisher=
author=
date=2008-05-18
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.24-7pressrelease.com%2Fpdf%2F2008%2F05%2F18%2Fpress_release_50392.pdf&date=2008-07-17 mirror]
*cite news
url=http://michellemalkin.com/2005/02/10/the-story-behind-omar-khadr/
title=The story behind Omar Khadr
publisher=
author=Michelle Malkin
date=2005-02-10
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fmichellemalkin.com%2F2005%2F02%2F10%2Fthe-story-behind-omar-khadr%2F&date=2008-07-17 mirror]
*cite news
url=http://media.www.dailyutahchronicle.com/media/storage/paper244/news/2003/11/12/News/Utah-Special.Forces.Speak.Of.Experiences-555389.shtml
title=Utah Special Forces speak of experiences
publisher=Daily Utah Chronicle
author=Cara Weiser
date=2003-11-12
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fmedia.www.dailyutahchronicle.com%2Fmedia%2Fstorage%2Fpaper244%2Fnews%2F2003%2F11%2F12%2FNews%2FUtah-Special.Forces.Speak.Of.Experiences-555389.shtml&date=2008-07-17 mirror]
*cite news
url=http://www.utah.gov/governorwalker/newsrels/2002/newsrel_080802.html
title=Layne Morris Hailed as Hero, Example of "American Spirit"
publisher=
author=Olene Walker
date=2002-08-08
accessdate=2008-07-17
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.utah.gov%2Fgovernorwalker%2Fnewsrels%2F2002%2Fnewsrel_080802.html&date=2008-07-17 mirror]