New court martial date for Watada - Democratic Underground

Robbien

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Wed Feb-28-07 12:51 PM
Original message

New court martial date for Watada

09:13 AM PST on Wednesday, February 28, 2007

Associated Press

FORT LEWIS, Wash. - The court martial for an Army officer who refused to go to Iraq has been rescheduled for July 16th at Fort Lewis.

News of that trial date was announced today by Eric Seitz, the lawyer for Lieutenant Ehren Watada.

The Army refiled charges against Watada last week. His first court martial ended earlier this month in a mistrial.

The 28-year-old from Honolulu could be sentenced to six years in prison if convicted of missing troop movement and conduct unbecoming an officer. He refused to deploy last June because he believes the Iraq war is illegal.

http://www.king5.com/localnews/stories/NW_022807WABwatada_courtmartialJM.62e7e03.html

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oldtimecanuk

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Wed Feb-28-07 12:53 PM
Response to Original message

1. I sure hope that he wins! eom

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percussivemadness

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Wed Feb-28-07 12:57 PM
Response to Original message

2. at what point

do the people of this country step up and stop this BS?????

geeez

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KamaAina

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Wed Feb-28-07 05:51 PM
Response to Original message

3. How exactly are they able to refile charges?

"Double Jeopardy" isn't just a round of a game show hosted by Alex Trebek, y'know.

http://starbulletin.com/breaking/breaking.php?id=5497

Eric Seitz, Watada's attorney, said today that he plans to file motions before then to dismiss all charges against the 28-year-old artillery officer because the first court martial ended in a mistrial on Feb. 7. He said that Watada cannot be tried again because it would (be -Ed.) a case of "double jeopardy."

The Constitution does apply to servicemembers, right? :eyes:

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Big_Mike

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Wed Feb-28-07 10:01 PM
Response to Reply #3

4. I thought you couldn't be retried if

you were acquitted. The case never got to the jury.

Can someone tell me which way is correct? I'm not a lawyer, and have only passing acquaintance with the law (speeding tickets don't bring up many double jeopardy questions, don't you know!).

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NaturalHigh

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Wed Feb-28-07 10:21 PM
Response to Reply #4

5. As I understand it...

since the military judge declared a mistrial, the charges can be brought again. Had the prosecution dropped the charges after a court-martial panel had been selected, jeopardy would attach and prevent a new trial.

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Bonobo

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Wed Feb-28-07 10:45 PM
Response to Original message

6. Hopefully the next POTUS will pardon him.

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Hissyspit

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Thu Mar-01-07 04:32 AM
Response to Original message

7. .

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