Judge’s embarrassing ruling leaves ample room for appeal

Post & Email ^ | Sept. 4, 2010 | Eldon E. Bell, MD

[Red Steel]

From American Grand Jury: Dr. Eldon E. Bell is a retired U.S. Army Colonel and Master Flight Surgeon. He is a Viet Nam and Operation Iraqi Freedom veteran. Currently Dr. Bell practices Medicine in a rural town in South Dakota. Eldon has served on a number of American Grand Juries.

In Courts-Martial:

“The ‘sole test’ for admissibility is whether the evidence of the misconduct is offered for some purpose other than to demonstrate the accused’s predisposition to crime and therefore to suggest that the factfinder infer that he is guilty, as charged, because he is predisposed to commit similar offenses. It is unnecessary that relevant evidence fit snugly into a pigeon hole provided by Military Rules of Evidence.” 404(b). United States v. Castillo, 29 M.J. 145, 150 (C.M.A. 1989).

Thus, in my view, the Judge has purposely opened the trial up for an appeal. Colonel Lakin clearly has an exemplary Character and military record. The Judge’s exclusion of the ELIGIBILITY evidence fails to pass the “Sole Test” requirement in courts-martial and must be allowed.

[thecodont]

Scary if this is true.