Second Trial Illegal, Watada Argues

[babylonsister]

Second Trial Illegal, Watada Argues
Submitted by davidswanson on Fri, 2007-10-05 00:56. Nonviolent Resistance

By Mike Barber, Seattle Post-Intelligencer

Lawyers turn to federal judges in Seattle to stop new court-martial.

Lawyers for Fort Lewis 1st Lt. Ehren Watada, who in June 2006 went public with his refusal to serve in Iraq and said the war is illegal, asked the U.S. District Court in Seattle on Wednesday to halt his court-martial, which is only days away.

Watada's second court-martial is slated to begin Tuesday. His first court-martial earlier this year ended in a mistrial before a jury could deliberate.

Watada's lawyers said they hope for a decision Friday. Monday is a federal holiday, Columbus Day.

Before Watada's lawyers announced their move, Fort Lewis officials issued a news release saying the court-martial was slated for 9 a.m. Tuesday.

Watada is charged with missing movement with his unit to Iraq and of conduct unbecoming an officer for anti-war statements he made in the media and as a speaker at the national convention of Veterans for Peace in Seattle in the summer of 2006. If convicted, he could face up to six years in prison.

Watada's case is being appealed on grounds that a second court-martial violates his constitutional protections against double jeopardy - being tried twice on the same charge - because he was court-martialed earlier this year on those charges. But, over his objection, a mistrial was declared "without there being the requisite manifest necessity for such declaration," said court papers filed Wednesday. The military judge, Lt. Col. John Head, ordered a second trial.

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http://www.afterdowningstreet.org/?q=node/27449

[Fredda Weinberg]

1. A mistrial? That doesn't bring DJ into play n/t

[babylonsister]

2. Who's DJ? nt

[Hangingon]

3. Double jeopardy (not the game show).

[babylonsister]

4. Thanks! nt