What the prosecution is going to want to do here, is to limit their exposure on appeal. Such an issue as contentious as this one, is likely to be rife with possible appellate implications. So, in the interest of expediency - and faster resolution for the victims and their families - they'll probably stay away from this 14th count, IMHO.
i have NO idea how the military courts work let alone their appeal processes. will be an interesting case. too bad they don’t have the death penalty though. that always befuddled me.