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To: colorado tanker
What about the word 'offers' dont you get? He made a threat. You cannot so much as imply a threat. Even if he never spoke. Also, you are forgetting that the standard of proof is not the same as in a civilian court.

It will go something like this:

"Col. West, did you discharge your sidearm in the presense of a prisoner?"

"Yes"

At that moment, he is guilty. Not even Johnnie Cochran could not save him from a finding of guilt. His hopes rest with the penalty phase, because he broke the code.

313 posted on 11/10/2003 4:46:46 PM PST by Pukin Dog (Sans Reproache)
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To: Pukin Dog; Poohbah
Man! I was busy today, but you two carried the fight extremely well.

I hope I have time to get in on this tomorrow.
314 posted on 11/10/2003 5:08:52 PM PST by Ispy4u (I bet that puts a bee in your bonnet.)
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To: Pukin Dog
I believe you will find that the type of aggravated assault the government has charged does require proof of specific intent and an attempt to inflict physical injury. The government has not charged simple "offer" type assault. The government has overcharged LTC West, which I realize is a common prosecution tactic to force plea bargains, but IMHO should not be used by military prosecutors.

Plus, have you considered the statement made by the offer made not to prosecute at all if LTC West resigned short of his 20 years - not exactly confidence in a air tight case.

315 posted on 11/10/2003 6:03:23 PM PST by colorado tanker ("There are but two parties now, Traitors and Patriots")
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