Not familiar with the case, so not commenting on dismissal on the merits, but any time there is prosecutorial misconduct, there is no other solution than dismissal with prejudice.
As long as the penalty is something less than a guaranteed loss every time it’s tried, the state can make a cost-benefit decision on whether the risk of whatever penalty is worth the advantage gained by the misconduct.
Gallagher needs to be released.....period
While the judge only has access to punish the trial attorney in the case, rest assured there were higher ups in the command who will need to be prosecuted along with the trial attorney. Where did the trial attorney get the ‘bugs’? It is not likely he had the expertise to design the bug which would have required coordination with the IT department and highly unlikely he sent the bugs to the defense counsel team and the Navy Times without higher approval.
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It would be only right
Good start!
another freeper suggests that the DS is attempting to present the military courts as something to distrust....because they know what’s ahead..