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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 ...
So what are the rules regarding double jeopardy and using the same evidence at a second trial in the military judicial system?
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?
“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...
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
Thje Army screwed up this prosecution; big time. Can’t blame Settles for the Army’s screw-up.
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.
I didn’t see anything wrong with the prosecution case. What do you know that is different?
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.
How?
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.
If a rural prosecutor does not have the proper resources, that is not a defense problem. It is a state problem.
Very well.
Hang him.
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.
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.
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.
Say WA? Evergreen State ping
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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.
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.
goodnesswins - That’s a brilliant idea! I’d love to see Sytman & Boze or Kirby Wilbur sponsor a public challenge.
I can’t take credit....someone on KTTH today, I think on Sytman and Boze’ suggested it....but, it is brilliant!
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