________________________________________        Lawyer gains allies in fight to clear Abu Ghraib defendant Monday, November 28, 2005 The Roselle resident who admitted his role in the Abu Ghraib prison scandal suddenly has a new and potentially powerful friend -- Lawrence Wilkerson, once chief of staff to former Secretary of State Colin Powell. "I will do whatever I can to help," Wilkerson said in a conference call that included Paul Bergrin, the Newark lawyer who represented Javal Davis of Roselle. Davis, a former MP, pleaded guilty in a military court earlier this year and was sentenced to six months in jail and a bad conduct discharge; he spent four months at Fort Sill, Okla., and was released. Davis, 27, admitted falling on a pile of Iraqi prisoners in Abu Ghraib one night in November 2003, and then stepping on the toes of some prisoners. "We had no choice but to plead guilty," says Bergrin, who says he is appealing not only Davis' sentence, but also the convictions, pleas and sentencing of six other Abu Ghraib defendants, all of whom were non-commissioned soldiers. He said he is fighting to get Davis' criminal record expunged and to get him an honorable discharge. No officer has ever been brought before a court-martial for what happened at Abu Ghraib. "We couldn't get the evidence we needed from the military or from the leaders of the national government. But now, with Wilkerson's help, we believe we will show that the orders for torturing and mistreating Iraqi detainees came from the highest levels of the national government." In his brief conversation, Wilkerson said he had seen what he called "pre-decisional" documents that suggested Vice President Dick Cheney and other high-level government officials authorized directives that led to prisoner abuse. "I saw just about everything," he told Bergrin. "I think they are going to be important to you." Wilkerson, a former Army colonel, said the documents that passed through his hands were used by Cheney, Secretary of Defense Donald Rumsfeld and former White House counsel -- now attorney general -- Alberto Gonzalez to determine how to treat prisoners captured in Iraq and Afghanistan. "They are a real good indication, conceptually and philosophically, to what later happened," Wilkerson told Bergrin. Getting his hands on the documents might be difficult, Wilkerson conceded, because many are classified. He said he would try and help Bergrin even without the documents. Wilkerson first drew national attention last month when he said Iraq policy was forced by a "cabal" led by Cheney, Rumsfeld and so-called "neo-cons" in the defense department and White House. He followed that up with an interview on National Public Radio in which he charged that Cheney authorized directives that led to prisoner abuse. Those charges were denied by the White House. The former high-ranking official of the State Department told Bergrin he "had a great deal of sympathy and empathy" for what Davis and the six other Abu Ghraib defendants went through. Wilkerson's aid was recruited by another new ally to the Davis cause -- like Davis, a former sergeant in the military police. Richard Russell, who did three combat tours in Iraq, had been assigned by the Army to assist Bergrin when Davis was first accused. Now Russell, 39, a former Wisconsin corrections officer, has retired from the military, moved to New Jersey and works full-time for Bergrin -- and the Davis case once again has become the focus of the Newark lawyer’s office. "I learned things about the military I had not known before," said Russell, who had been a staunch supporter of the Iraqi war and a partisan of the military's role there. "I find it hard to believe what we do to our own soldiers." Bergrin recalled that, in July of 2004, he had asked permission to take the depositions of Cheney and Rumsfeld, contending he believed they had authorized actions that led directly to prisoner abuse in Abu Ghraib. His motions were denied. Col. James Pohl, the military judge, contended Bergrin failed to make a connection between government officials and the abuse. Faced with that decision, Bergrin said, he had little choice but to have Davis cut the best deal he could. "Now, with Larry Wilkerson's help, we can make that connection and we can have the record brought to the court and to the public." Bergrin said he discussed Wilkerson's help with attorneys for the other Abu Ghraib defendants and they would join the appeal. The first step, the lawyer said, would be to seek an order from the Army commander in Iraq, Gen. George Casey, to have the convictions and plea deals set aside. "We are in this together," Bergrin said. "And this time, we're going to win." Bob Braun's column appears Monday and Thursday. He may be reached at (973) 392-4281 or at bobbraun@verizon. net.                                                                 © 2005  The Star Ledger                                                           © 2005 NJ.com All Rights Reserved.