Thanks for the updates, smooth and all. Did atty Faraj get this expended cartridge info from an NCIS investigation of the scene or elsewhere? 9 mm????
As to the PID part of the ROE, I didn’t think this was in play (at the time) once a location was considered hostile.
It must have come from the immediate sweep by Marines because NCIS wasn’t involved until months after the event and shell casings, presumably, weren’t still laying around. We’ll have to wait for the defense’s presentation to find out for sure.
My guess is that NCIS ignored reports by Marines on the spot and started from scratch. But we’ll see.
Thankfully, the jurors have combat experience and (I pray) will understand that the E in ROE stands for Engagement. And men under fire are in the best position to know what the engagement calls for. Second-guessing that in a murder trial is a danger to our entire military.