Wednesday, February 07, 2007

That was fast!

Watada's attorney was against the calling of a mistrial, but... :

FORT LEWIS, Wash. (AP) -- A judge declared a mistrial Wednesday in the court-martial of an Army lieutenant who refused to deploy to Iraq, saying the soldier did not fully understand a document he signed admitting to elements of the charges.

Prosecutors said 1st Lt. Ehren Watada admitted in the document that he had a duty to go to Iraq with his fellow soldiers. Watada, however, said he admitted only that he did not go to Iraq with his unit, not that he had a duty to go.

Military judge Lt. Col. John Head granted prosecutors' request for a mistrial, which Watada's lawyer opposed. He set a March 12 date for a new trial and dismissed the jurors.

More in this post.

Update:

A date for a new court martial has been set for March 19 but lawyers for Watada said they hoped Wednesday's ruling would mark the end of proceedings.

"The mistrial is very likely to have the consequence of ending this case because double jeopardy may prevent the government from proceeding with a retrial," said Eric Seitz, lead attorney for Watada.

"Although the defense was prepared to proceed with Lt. Watada's testimony, and felt very optimistic about this trial, we view the order declaring a mistrial as a significantly positive event."

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