Monday, July 11, 2011

Justice Has To Work All The Time

Lost this weekend in the debt ceiling news, the final space shuttle launch and the death of Betty Ford comes this story from Mother Jones' Stephanie Mencimer on the case of Jaime Leigh Jones, the ex-KBR/Halliburton contract employee who sued the company over an alleged rape by KBR employees while she was in Iraq in 2005.

The allegations were explosive when they first hit in 2007: A 20-year-old woman named Jamie Leigh Jones alleged that four days after going to work in Iraq for contracting giant KBR in July 2005, she was drugged and gang-raped by fellow contractors. She accused the company, then a subsidiary of Halliburton, of imprisoning her in a shipping container after she reported the rape, and suggested KBR had tampered with some of the medical evidence that had been collected at an Army hospital. The harrowing story has made international headlines. It's been the subject of congressional hearings and has inspired legislation. Jones even plays a starring role in the new documentary Hot Coffee, about efforts to limit access to the justice system.

Jones' charges fell on fertile ground, compounding KBR's reputation as a corporate scofflaw—all the more so when it came out that the firm's contract had included a mandatory arbitration clause intended to block employees from suing it. Jones spent years fighting for a jury trial, and now, six years after the alleged attack, she is finally getting her day in court in a civil suit that accuses KBR of knowingly sending her into a hostile workplace. The verdict could come as early as Thursday. And—in a twist that's likely to shock her numerous supporters—there's a good chance she will lose.

Jones' trial, which started on June 13, is highlighting significant holes and discrepancies in her story. Not only has the federal trial judge already thrown out large portions of her case, evidence introduced in the trial raises the question of whether Jones has exaggerated and embellished key aspects of her story.

None of this means that Jones was not raped in Iraq. But the evidence does undermine her credibility and could create serious doubts in jurors' minds.

And indeed, the jury returned a not guilty verdict Friday in the case.  The evidence in the trial was shaky at best and the jurors deliberated for less than 48 hours before coming back with the verdict.  Mencimer does an excellent job of showing why jurors doubted Jones.  As she says, it's entirely possible she was raped.  But the evidence prevented simply didn't add up.

The funny thing about justice is it has to protect both the defendant and the plaintiff in cases like this.  When the evidence was laid out, there just wasn't enough to find in favor of Jones.


One thing Jones has working in her favor is that her story seems so incredible, her pursuit of justice so sincere, that it's almost unimaginable that she would make it up. After all, why would anyone put themselves through that kind of torture? But KBR and Bortz also have a ready answer to that question. It's The Jamie Leigh Story: How my Rape in Iraq and Cover-up Made Me a Crusader for Justice, the working title of her book.

For years, Jones has been in discussions with book agents, screenwriters, and production companies. In 2008, Paul Pompian, a film producer with dozens of docudrama credits to his name, bought the rights to her story. He says that his company is working on film version of Jones' story and that a book is also in the works. "Frankly, we're waiting for the outcome of the trial," he told me. "We're hoping for a verdict that will give us a third act. Hopefully it will be an outcome that's good for us and the movie and especially for Jamie Leigh." Both the screenwriter and Jones' coauthor were expected to be in Houston watching part of the trial, according to Pompian.

When KBR's lawyers first learned of the book deal, they went to court seeking access to the manuscript and other documents. Jones fought the disclosure, arguing that it would diminish the work's financial value. Jones' lawyers filed a motion with the court declaring that the manuscript was a work of fiction.

And so that third act is now going to be very interesting indeed.  There are such things as false rape allegations.  There are also many that are actual rape that aren't reported.  The whole truth still isn't apparent.  But KBR has successfully defended itself, that much we know.

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