'Nuff said.
Posted on 02/07/2007 2:20:39 PM PST by Howlin
THIS IS AN OLD STORY; A MISTRIAL WAS JUST DECLARED!
But this story has the basic facts:
The decision to reject the "stipulation of fact" -- an agreement over the facts of the trial -- forces the government to reargue its case against First Lt. Ehren Watada or ask the judge for a mistrial.
The government lawyers received a recess to consider its next course of action.
Watada, 28, faces up to four years in prison and a dishonorable discharge if convicted on a charge of missing movements for not deploying to Iraq and two charges of conduct unbecoming an officer for his criticism of the war.
Lt. Col. John Head, the military judge, said he could not accept the stipulation, because it is essentially a confession to the missing movements charge when Watada does not believe he is guilty.
At the center of the dispute is the defense's assertion that Watada did not deploy to Iraq because he considered it an unlawful order that would make him party to war crimes and as as result, it was not his duty to obey it.
"There is a material misunderstanding over what this stipulation is," said Head in the third day of the court-martial. "We've got the immovable object meeting the irresistible force."
If the government reargues its case, the judge would ask the military panel -- the equivalent of a jury in a civilian case -- to completely disregard the stipulation, which they already read on Tuesday.
"That's the problem we have. How are we going to unring that bell," said Head without saying that a mistrial is the only course of action.
If a mistrial is declared, an Army official said it could be "months" before a new trial.
Watada, whose supporters say is the first commissioned Army officer to publicly refuse to serve in Iraq, agreed to the stipulation of fact before the trial began in exchange for the government removing two additional charges of conduct unbecoming an officer.
In the stipulation, Watada said he did not board the plane with the rest of his unit to Iraq and admitted to making public statements criticizing the war. He does not dispute the facts, but said it was not an admission of guilt.
The military panel will decide whether Watada's criticism amounted to misconduct posing a danger to the loyalty, discipline, mission and morale of the troops.
WHAT? I have NEVER seen a mistrial in a Courts Martial. Yeesh!
Judge Nap on Fox said the guy convinced the judge today that he didn't understand the agreement they had signed!
Fine; now they can recharge him with ALL the charges and he can spend MORE than four years in jail!
Once he is convicted, shoot him and charge his estate for the service fee.
Once he is convicted, shoot him and charge his estate for the service fee.
So he confessed?
What's the problem?
He said he didn't understand what he confessed to.
"We've got the immovable object meeting the irresistible force.""
Sounds like somebody plays world of warcraft.
Who is the Judge Frisco Judge?
Reargue the case. This should be a slam dunk case.
But, he doesn't dispute the facts . . . and it is a factual stipulation?
Maybe it's just me but I think the good judge Lt. Col. is the one who is confused.
Lt. Col. John Head
...but he's such an expert in the norms of military law that that he can instinctively tell which of his commanders' decisions are lawful and which are not?
he didn't understand what he confessed to. Is he smart enough to be an officer in the military??????
grrrrrrr
No, he's got it right. The defense in contradicting itself by claiming innocence on one hand and admitting guilt on the other. They need to stick to one story.
Give him orders for Iraq and if he refuses again add more charges but continue with the current charges.
I think this guy joined up to do just what he's doing.
He's a disgrace to all the people that wear the same uniform. Throw this cowardly piece of crap in a cell and just forget about him.
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