Shawna Thomas is an NBC News producer on assignment in Guantanamo Bay, Cuba to cover a pre-trial military commission hearing for Omar Khadr.
Khadr is a Canadian citizen who is accused of murder and providing material support for terrorism along with other charges stemming from his alleged participation in a 2002 firefight with American troops in Afghanistan.
Khadr was 15 years old when he was captured in 2002 and is expected to stand trial at Guantanamo Bay in July of this year. His military trial would be the first governed by the 2009 Military Commissions Act that was signed into law by President Barack Obama in 2009.
Thomas is one of 37 print and television journalists from across the world covering Khadr's proceedings.
GUANTANAMO BAY, CUBA – Did Omar Khadr not show up in court today because he felt humiliated or because he was in pain?
The second day of Khadr's hearing was set to begin at 9 a.m. ET. It didn't start until 10 a.m. and Khadr was not in the seat he had occupied the day before.
A captain was called to the stand to testify about Khadr's whereabouts. She said he'd agreed to come to court but asked to see a doctor first because his eyes were causing him pain.
Khadr has shrapnel in both from the firefight that occurred before he was captured in 2002 in Afghanistan. He is blind in his left eye, and at times, he has severe pain in both eyes.
A doctor gave Khadr eye drops to help with the pain, but when he was returned to Camp 4 he refused to wear the "eyes and ears" for the ride to the courtroom, according to the captain.
She said he told her that he felt wearing the "eyes and ears" while in the windowless van ride to the court was humiliating.
The "eyes and ears" is shorthand for blacked-out ski goggles and noise-canceling earphones that prevent the detainee from knowing the route that's taken to the courthouse. Detainees who leave housing areas are forced to wear the gear.
In an email this morning, Navy Cmdr. Brad Fagan, director of public affairs for Joint Task Force Guantanamo said, "Khadr didn't attend court this morning because he's refusing to follow longstanding security transport procedures."
Now, Khadr doesn't have to come to court every day, but it could be detrimental to his case if he chooses not to attend, because he's not there to aid in his defense. There's a whole section in the very new Manual for Military Commissions that stresses the importance of the presence of the accused at the hearing and defines what a voluntary absence from court is.
The judge was going to consider this a voluntary absence and continue the proceedings without Khadr present. But after a short break, he told the court that he could find no record that Khadr ever was informed of his right to appear or to not appear and that Khadr had to be informed of his rights before the hearing could continue.
If the defense couldn't convince Khadr to come to court in the afternoon, the judge would order that Khadr be forced to appear.
When court was gaveled back into session at 2 p.m. ET, Khadr was in his seat with his head bowed and his hand covering his eyes. The judge informed Khadr of his rights and asked him if he understood. Khadr looked up, said a quiet "yes" and covered his eyes again. This Omar Khadr was a different person compared to the one that walked into the court with a smile on his face the first day of the commission.
Defense counsel Barry Coburn said the reason Khadr had refused to wear the blacked-out goggles is they made the pain in his eyes worse.
While I can't tell you if Khadr was physically in pain, his demeanor had definitely changed. No longer was he chatting with his lawyers periodically and scribbling and smiling. Today he just sat with head bowed and his hand over his eyes. Not even when the incriminating video of him allegedly helping to make and plant IEDs was played did he look up from the table. At times Khadr appeared to even be sobbing.
After today's hearing was over, Coburn said Khadr sobbed because he was in extreme pain. One of the defense's expert witnesses, a doctor, examined Khadr during the lunch recess and determined that in addition to the remaining shrapnel, he has conjunctivitis. While Coburn said he wouldn't second-guess base doctors, he questioned the fairness of proceedings taking place while Khadr was supposedly in severe pain.
While the defense has been very vocal in speaking to the media, today was the first time Fagan went in front of cameras. He said that after the hearing was over, Khadr was taken to a doctor and had another appointment scheduled with an optometrist afterward. Fagan reiterated that the "eyes and ears" is standard operating procedure and that he wasn't prepared to change that procedure for Khadr.
Can Khadr actively participate in his own defense if he is in severe pain? If a military doctor confirms he is in severe pain and he is absent from the proceedings, can that be considered a voluntary absence and can the commission proceed with his seat empty? And if Khadr didn't want to wear the goggles because of the pain they caused him, why did he say the "eyes and ears" humiliated him?
Let's see what happens tomorrow.




















