Conscientious Objector Ruling DisputedMay 27, 2008
Knight Ridder/Tribune
The U.S. Attorney's office in Anchorage, representing the U.S. Army, is objecting to a magistrate's recommendation that a Fort Richardson Soldier be given conscientious objector status.
Pfc. Michael Barnes, a 26-year-old paratrooper in the 4th Airborne Brigade Combat Team, was denied the status last year by an Army review board.
Barnes appealed to federal court. Earlier this month, Magistrate John Roberts concluded that the Soldier's request was sincere and valid and should be granted. But the Army wants a federal judge to overrule Roberts.
Assistant U.S. attorney Richard Pomeroy this week faulted Roberts for accepting Barnes' statements as true.
"Using these improperly assumed facts, the magistrate judge then impermissibly weighs the evidence," Pomeroy wrote in a legal objection co-signed by U.S. Attorney Nelson Cohen.
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