Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court bars second court-martial for Watada
The Seattle Times ^ | Thursday, November 8, 2007 | Hal Bernton

Posted on 11/08/2007 7:05:09 PM PST by RainMan

Edited on 11/08/2007 7:08:39 PM PST by Admin Moderator. [history]

A U.S. District Court judge today granted a preliminary injunction that bars the Army from proceeding with a second court-martial trial of 1st Lt. Ehren Watada, the first Army officer to face prison for refusing to deploy to Iraq.

Watada's court-martial in February ended in a mistrial, and his attorneys have claimed that Fifth Amendment constitutional protections prevent Watada from being tried twice for the same crime.


(Excerpt) Read more at seattletimes.nwsource.com ...


TOPICS: News/Current Events; US: Washington; War on Terror
KEYWORDS: army; courtmartial; iraq; watada
Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 next last
To: Candor7

So what are the rules regarding double jeopardy and using the same evidence at a second trial in the military judicial system?


21 posted on 11/08/2007 7:42:50 PM PST by abercrombie_guy_38
[ Post Reply | Private Reply | To 17 | View Replies]

To: PAR35

Prosecutorial misconduct may be grounds for a dismissal, but I wouldn’t think that a mistrial would fall into that category.

But there is not such allegation, anyway. Is there?


22 posted on 11/08/2007 7:43:51 PM PST by Ramius (Personally, I give us... one chance in three. More tea?)
[ Post Reply | Private Reply | To 19 | View Replies]

To: jess35

“Apparently, the Judge decided he had jurisdiction over a military court. That’s pure moonbatism.”

Exactly, he has no jurisdiction over the UCMJ that I’m aware of, but then again, these are weird times...


23 posted on 11/08/2007 8:02:40 PM PST by PROCON
[ Post Reply | Private Reply | To 18 | View Replies]

To: Ramius
But there is not such allegation, anyway. Is there?

I don't know. I don't see any other way the court could justify the result. See, from Page 11 of this PDF: "Under current federal law and most state law, double jeopardy protection only attaches when the court finds that the prosecutorial misconduct “was intended to provoke the defendant into moving for a mistrial.” http://law.shu.edu/journals/lawreview/library/vol_37/37_2/cicchini.pdf

See also some discussion here: http://www.law.cornell.edu/nyctap/comments/i96_0060.htm

24 posted on 11/08/2007 8:16:58 PM PST by PAR35
[ Post Reply | Private Reply | To 22 | View Replies]

To: PAR35

Thje Army screwed up this prosecution; big time. Can’t blame Settles for the Army’s screw-up.


25 posted on 11/08/2007 8:17:36 PM PST by SeaHawkFan
[ Post Reply | Private Reply | To 19 | View Replies]

To: PAR35

Mismanagement is often a basis for a double jeopardy claim. The government has all the resources to get the job dome right, so there is no excuse.


26 posted on 11/08/2007 8:19:49 PM PST by SeaHawkFan
[ Post Reply | Private Reply | To 24 | View Replies]

To: SeaHawkFan

I didn’t see anything wrong with the prosecution case. What do you know that is different?


27 posted on 11/08/2007 8:29:12 PM PST by Ramius (Personally, I give us... one chance in three. More tea?)
[ Post Reply | Private Reply | To 25 | View Replies]

To: SeaHawkFan
The government has all the resources to get the job dome right, so there is no excuse.

I can tell you've never been around a rural prosecutor's office.

Mismanagement is often a basis for a double jeopardy claim.

It takes more than mismanagement. The courts most places have to find intentional prosecutorial misconduct causing the mistrial.

28 posted on 11/08/2007 8:31:09 PM PST by PAR35
[ Post Reply | Private Reply | To 26 | View Replies]

To: SeaHawkFan
Thje Army screwed up this prosecution; big time.

How?

29 posted on 11/08/2007 8:32:17 PM PST by PAR35
[ Post Reply | Private Reply | To 25 | View Replies]

To: PAR35

The Army wanted the mistrial over the objection of the defense. Once the jury is sworn in, jeopardy attaches. the defense objected to the mistrial.


30 posted on 11/08/2007 9:14:20 PM PST by SeaHawkFan
[ Post Reply | Private Reply | To 29 | View Replies]

To: PAR35

If a rural prosecutor does not have the proper resources, that is not a defense problem. It is a state problem.


31 posted on 11/08/2007 9:15:24 PM PST by SeaHawkFan
[ Post Reply | Private Reply | To 28 | View Replies]

To: RainMan

Very well.

Hang him.


32 posted on 11/08/2007 9:16:06 PM PST by Grizzled Bear ("Does not play well with others.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeaHawkFan

Well, which way do you want it - prosecutors with unlimited resources, or prosecutors who work within a tight budget? And why would you think the prosecutor’s office was always state funded? Most places I’ve been, it’s been mostly a county expense.


33 posted on 11/08/2007 9:44:49 PM PST by PAR35
[ Post Reply | Private Reply | To 31 | View Replies]

To: PAR35

You can’t tell me the US Army didn’t have sufficient resources. Don’t get me wrong; I think Watada ought to be shot for refusing to deploy. If the prosecution is halted in this case, he should be given additional orders to deploy. When he refuses again, he should be prosecuted again.


34 posted on 11/08/2007 9:53:18 PM PST by SeaHawkFan
[ Post Reply | Private Reply | To 33 | View Replies]

To: RainMan
Welcome to the Left Coast of Washington

We just had our Supreme Court 5 to 4 that a majority (58%)of the voters were too dumb to know what they were voting for, when we passed a property limitation bill...but we were smart enough to elect a Democratic governor...after 3 recounts and with the help of a member of the Black Robe Society - Chelan County Superior Court Judge John Bridges by an amazingly narrow margin of 129 votes out of 2.9 million cast — included 1,678 illegally cast ballots.

Yes, we the voters of Washington State are dumb...we should be throwing the tea, the judges, and all of our politicians overboard by now.

35 posted on 11/08/2007 10:30:18 PM PST by remur389
[ Post Reply | Private Reply | To 1 | View Replies]

To: Libertina; luckymom; Paperdoll; gandalftb; acoulterfan; KentTrappedInLiberalSeattle; NurdlyPeon; ...
Thanks to rainman for the ping.

Photo Sharing and Video Hosting at Photobucket
Say WA? Evergreen State ping

FReepmail sionnsar if you want on or off this ping list.

Ping sionnsar if you see a Washington state related thread.

36 posted on 11/09/2007 6:49:29 PM PST by sionnsar (trad-anglican.faithweb.com |Iran Azadi| 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | UN: Useless Nations)
[ Post Reply | Private Reply | To 3 | View Replies]

To: remur389

Someone, seriously, should file a suit with the State alleging the voters were too stupid to elect their Representatives and Governor.....just file it for kicks.


37 posted on 11/09/2007 6:54:44 PM PST by goodnesswins (Being Challenged Builds Character! Being Coddled Destroys Character!)
[ Post Reply | Private Reply | To 35 | View Replies]

To: abercrombie_guy_38
So what are the rules regarding double jeopardy and using the same evidence at a second trial in the military judicial system?>>>>>>>>>>>>>>>>>>

The 5th amendment applies to all courts. The military Courts are not exempt from the US Constitution.I think that this double jeopardy legal issue could have been avoided by the prosecutors. It looks like they walked right into the double jeopardy trap with their eyes wide open. One wonders why this happened, it need not have.

38 posted on 11/09/2007 6:59:31 PM PST by Candor7 (http://en.wikipedia.org/wiki/Battle_of_Baghdad_(1258))
[ Post Reply | Private Reply | To 21 | View Replies]

To: goodnesswins

goodnesswins - That’s a brilliant idea! I’d love to see Sytman & Boze or Kirby Wilbur sponsor a public challenge.


39 posted on 11/09/2007 7:02:09 PM PST by rockrr (Global warming is to science what Islam is to religion)
[ Post Reply | Private Reply | To 37 | View Replies]

To: rockrr

I can’t take credit....someone on KTTH today, I think on Sytman and Boze’ suggested it....but, it is brilliant!


40 posted on 11/09/2007 7:24:44 PM PST by goodnesswins (Being Challenged Builds Character! Being Coddled Destroys Character!)
[ Post Reply | Private Reply | To 39 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson