There has been no determination of guilt. In fact they haven't even been to an Article 32 hearing yet. within 120 days of been charged the prosecuting officer must bring sufficient evidence to the convening authority to proceed with the courts martial. It is the equivalent of a preliminary hearing in civilian courts.
We're all familiar with the racket after the Pendleton 8.
I'm not convisaying they're guilty, I'm just being cynical.
I understand that the accused can challenge the evidence at an article 32--unlike a civilian Grand Jury. Is that correct?