Mistrial declared court-martial of war objector
Wed Feb 7, 2007 7:01pm ET
Mistrial declared in war objector court-martial
FORT LEWIS, Washington (Reuters) - A military judge declared a mistrial on Wednesday in the court-martial of a U.S. Army officer, who publicly refused to fight in Iraq and criticized the war.
First Lt. Ehren Watada had faced up to four years in prison and a dishonorable discharge if found guilty 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, declared a mistrial after throwing out a "stipulation of fact" -- an agreement over certain facts of the trial -- that forced the government to ask the judge for a mistrial instead of arguing its entire case again.
The judge said he could not accept the stipulation, because it amounts to a confession to the missing movements charge when Watada, 28, stated he is not guilty.
At the center of the dispute is the defense's assertion that Watada would not go to Iraq because he considered it an unlawful order that would make him party to war crimes and as result, it was not his duty to obey it.
"There is a material misunderstanding over what this stipulation is," said Head.
He set a new trial date for the week of March 19, but agreed the timing would be subject to change. Continued... http://today.reuters.com/news/articl...1_%5BFeed%5D-3
Wed Feb 7, 2007 7:01pm ET
Mistrial declared in war objector court-martial
FORT LEWIS, Washington (Reuters) - A military judge declared a mistrial on Wednesday in the court-martial of a U.S. Army officer, who publicly refused to fight in Iraq and criticized the war.
First Lt. Ehren Watada had faced up to four years in prison and a dishonorable discharge if found guilty 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, declared a mistrial after throwing out a "stipulation of fact" -- an agreement over certain facts of the trial -- that forced the government to ask the judge for a mistrial instead of arguing its entire case again.
The judge said he could not accept the stipulation, because it amounts to a confession to the missing movements charge when Watada, 28, stated he is not guilty.
At the center of the dispute is the defense's assertion that Watada would not go to Iraq because he considered it an unlawful order that would make him party to war crimes and as result, it was not his duty to obey it.
"There is a material misunderstanding over what this stipulation is," said Head.
He set a new trial date for the week of March 19, but agreed the timing would be subject to change. Continued... http://today.reuters.com/news/articl...1_%5BFeed%5D-3
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