Here’s why: if they did that, even basing it on his admissions, those admissions weren’t under oath and are not evidence. I guarantee the appellate defense counsel (appeal is mandatory with any punitive discharge or dismissal) will say, “He didn’t get due process! What, they listened to HIM? He’s NUTS!” And the court might just buy it.
No, they need to deliberate in the most serious sense of the word, so there will be nothing the court martial panel did, or failed to do, that will allow this scum to avoid the maximum penalty for his heinous conduct.
Colonel, USAFR
Is that to say that a court martial panel cannot convict *solely* on the weight of an admission *they themselves* heard the accused make...unless that admission was made under oath?? If so,does that differ from civilian trials? Or is the same true there as well?
Sure we have the right to defense counsel, but as I understand it, this vermin pretty much signed off on every accusation DURING the trial.
It's a damned shame we have to CYA in an obvious situation.
And, even if he did get the death penalty, it still takes our dear leader to approve the death penalty as he has to sign it as commander in chief does he not? I believe that is the way it used to be under the UCMJ and assume it still does.