Court denies Army medic's conscientious objector claim
By Matt Apuzzo
ASSOCIATED PRESS
9:20 a.m. February 16, 2007
WASHINGTON – A federal appeals court refused on Friday to overturn the detention of a U.S. Army medic who declared his opposition to war on the eve of his deployment to Iraq.
Agustin Aguayo, who enlisted in 2002 during the run-up to the Iraq war, asked the U.S. Court of Appeals for the District of Columbia to release him from a military prison. He had sought an honorable discharge as a “conscientious objector.”
Aguayo, who has been held in a U.S. prison in Germany since going absent without leave, said he enlisted as a way to earn money for his education. Though military operations in Afghanistan were under way and discussions about Iraq were ongoing, he said he never considered that he'd have to fight.
He faces up to seven years in prison on charges of desertion and missing movement and is scheduled to face trial next month, his attorney, Peter Goldberger said. Goldberger said he would ask the appeals court to reconsider the decision.
“It breaks my heart because I think he's sincere,” the lawyer added.
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http://www.signonsandiego.com/news/military/20070216-0920-warobjector.html