AppId is over the quota
AppId is over the quota
“We were expecting a lot more cooperation,” Sergeant Bales’s lead lawyer, John Henry Browne, said during a news conference in Seattle on Friday. The complaints are expected to be just the first of many disputes over evidence in what experts predict will be an extremely complicated case for both defense and prosecution, given the location of the crime scene in a war zone and the possible hostility of witnesses to lawyers from both sides. Mr. Browne said that after members of his team were prevented from interviewing survivors of the attacks at a hospital, prosecutors interviewed those witnesses the following day. The witnesses were then released, leaving no contact information. “They could just disappear into the countryside,” Mr. Browne said. He also said that the team was not given access to health records for the wounded civilians or surveillance video that purportedly shows Sergeant Bales returning to his combat outpost after the killings. “The prosecution will provide the defense with evidence in accordance with the rules for courts-martial and the military rules of evidence,” said Maj. Chris Ophardt, an Army spokesman at Joint Base Lewis-McChord, south of Tacoma, Wash., where Sergeant Bales was stationed. “Within these guidelines the prosecution is and has been communicating with the defense.” Eugene R. Fidell, who teaches military justice at Yale Law School, said there was no reason that the government should be expected to share files from an open investigation this early in the case. He added that prosecutors would have to make their major witnesses available to the defense, if they wanted that testimony in the record. Sergeant Bales, who is being held at Fort Leavenworth, Kan., will be examined by mental health experts to determine whether he is mentally fit for trial, a process that could take months. Mr. Browne, who says that Sergeant Bales cannot remember many events from the night of the killings, will also seek to determine whether the sergeant had a concussive head injury or post-traumatic stress disorder. Military officials say Sergeant Bales, 38, walked out of his combat outpost in Kandahar Province to two nearby villages early on the morning of March 11 and fatally shot a number of people, at least nine of whom were children. He has been charged with 17 counts of premeditated murder, a capital crime. The military has yet to suggest a motive for the killings, though officials have said that Sergeant Bales may have been drinking that night and may have been struggling with the stresses of multiple deployments; he was on his fourth deployment in 10 years. Mr. Browne has said Sergeant Bales was happily married and that there was no evidence he drank alcohol the night of the shootings. He has also said that Sergeant Bales knew a soldier who was badly wounded days before the killings, had a mild traumatic brain injury and may also have P.T.S.D. — though the sergeant’s wife has said she never noticed any symptoms. Mr. Browne later said that Sergeant Bales had probably tried to hide his problems from her.
Showing posts with label evidence. Show all posts
Showing posts with label evidence. Show all posts
Sunday, April 1, 2012
US Soldier's Lawyer Says Access Denied to Evidence - New York Times
AppId is over the quota
AppId is over the quota
“We were expecting a lot more cooperation,” Sergeant Bales’s lead lawyer, John Henry Browne, said during a news conference in Seattle on Friday. The complaints are expected to be just the first of many disputes over evidence in what experts predict will be an extremely complicated case for both defense and prosecution, given the location of the crime scene in a war zone and the possible hostility of witnesses to lawyers from both sides. Mr. Browne said that after members of his team were prevented from interviewing survivors of the attacks at a hospital, prosecutors interviewed those witnesses the following day. The witnesses were then released, leaving no contact information. “They could just disappear into the countryside,” Mr. Browne said. He also said that the team was not given access to health records for the wounded civilians or surveillance video that purportedly shows Sergeant Bales returning to his combat outpost after the killings. “The prosecution will provide the defense with evidence in accordance with the rules for courts-martial and the military rules of evidence,” said Maj. Chris Ophardt, an Army spokesman at Joint Base Lewis-McChord, south of Tacoma, Wash., where Sergeant Bales was stationed. “Within these guidelines the prosecution is and has been communicating with the defense.” Eugene R. Fidell, who teaches military justice at Yale Law School, said there was no reason that the government should be expected to share files from an open investigation this early in the case. He added that prosecutors would have to make their major witnesses available to the defense, if they wanted that testimony in the record. Sergeant Bales, who is being held at Fort Leavenworth, Kan., will be examined by mental health experts to determine whether he is mentally fit for trial, a process that could take months. Mr. Browne, who says that Sergeant Bales cannot remember many events from the night of the killings, will also seek to determine whether the sergeant had a concussive head injury or post-traumatic stress disorder. Military officials say Sergeant Bales, 38, walked out of his combat outpost in Kandahar Province to two nearby villages early on the morning of March 11 and fatally shot a number of people, at least nine of whom were children. He has been charged with 17 counts of premeditated murder, a capital crime. The military has yet to suggest a motive for the killings, though officials have said that Sergeant Bales may have been drinking that night and may have been struggling with the stresses of multiple deployments; he was on his fourth deployment in 10 years. Mr. Browne has said Sergeant Bales was happily married and that there was no evidence he drank alcohol the night of the shootings. He has also said that Sergeant Bales knew a soldier who was badly wounded days before the killings, had a mild traumatic brain injury and may also have P.T.S.D. — though the sergeant’s wife has said she never noticed any symptoms. Mr. Browne later said that Sergeant Bales had probably tried to hide his problems from her.
AppId is over the quota
“We were expecting a lot more cooperation,” Sergeant Bales’s lead lawyer, John Henry Browne, said during a news conference in Seattle on Friday. The complaints are expected to be just the first of many disputes over evidence in what experts predict will be an extremely complicated case for both defense and prosecution, given the location of the crime scene in a war zone and the possible hostility of witnesses to lawyers from both sides. Mr. Browne said that after members of his team were prevented from interviewing survivors of the attacks at a hospital, prosecutors interviewed those witnesses the following day. The witnesses were then released, leaving no contact information. “They could just disappear into the countryside,” Mr. Browne said. He also said that the team was not given access to health records for the wounded civilians or surveillance video that purportedly shows Sergeant Bales returning to his combat outpost after the killings. “The prosecution will provide the defense with evidence in accordance with the rules for courts-martial and the military rules of evidence,” said Maj. Chris Ophardt, an Army spokesman at Joint Base Lewis-McChord, south of Tacoma, Wash., where Sergeant Bales was stationed. “Within these guidelines the prosecution is and has been communicating with the defense.” Eugene R. Fidell, who teaches military justice at Yale Law School, said there was no reason that the government should be expected to share files from an open investigation this early in the case. He added that prosecutors would have to make their major witnesses available to the defense, if they wanted that testimony in the record. Sergeant Bales, who is being held at Fort Leavenworth, Kan., will be examined by mental health experts to determine whether he is mentally fit for trial, a process that could take months. Mr. Browne, who says that Sergeant Bales cannot remember many events from the night of the killings, will also seek to determine whether the sergeant had a concussive head injury or post-traumatic stress disorder. Military officials say Sergeant Bales, 38, walked out of his combat outpost in Kandahar Province to two nearby villages early on the morning of March 11 and fatally shot a number of people, at least nine of whom were children. He has been charged with 17 counts of premeditated murder, a capital crime. The military has yet to suggest a motive for the killings, though officials have said that Sergeant Bales may have been drinking that night and may have been struggling with the stresses of multiple deployments; he was on his fourth deployment in 10 years. Mr. Browne has said Sergeant Bales was happily married and that there was no evidence he drank alcohol the night of the shootings. He has also said that Sergeant Bales knew a soldier who was badly wounded days before the killings, had a mild traumatic brain injury and may also have P.T.S.D. — though the sergeant’s wife has said she never noticed any symptoms. Mr. Browne later said that Sergeant Bales had probably tried to hide his problems from her.
Saturday, March 24, 2012
Landed by questions about the evidence of the
16. in Afghanistan, the US military is killing civilians suspected of being a lawyer was questioned by his client, the quality of the evidence and says, he travels to Afghanistan to collect his own.
John Henry Browne said, he met Robert Bales 11 hours over two days from Fort Leavenworth, where his client is organized. He added that he did not know about yet. March of the shootings.
"I do not know about the evidence in this case. I do not know, however, that the Government intends to prove a lot. Is not evidence in criminal investigations. Not notable awards outside his hotel near the "Browne said in the post.
"I am certainly not saying that we are not taking responsibility in the right way at the right time. But now I am interested in what the evidence is, "he said."It is not a crime scene as in the United States. "
Browne said the legal, social and political issues linked to the case, and how it will be prosecuted. "War is a test date. I'm not putting a test date for the war, "he said."I'm not putting a test date for the war, but the war is a test. "
Bales, 38, has not yet been recovered. Browne expects that he will be charged this week. Development pressures in Afghanistan, protests killings of endangered and threatened relations between the two countries on the American policy in the decade old upend during the war.
Browne met his client for the first time behind the bars for the rights of defence, construction will begin on Monday.
On Tuesday, Browne describes the Bales, which was followed by a soldier in the military orders, including the deployment of Afghanistan despite the wish to not go. Bales is reported to have financial problems.
"That does not mean anything. Is the economic problems. I have the economic problems. Ninety-nine percent of American economic problem, "he said."You do not go to kill women and children, because you do have economic problems. "
Browne has said that the Bales are transactions in memory before and after the killings, but points out very little or none of the army believes he went through the villages of Afghanistan fired a spree.
"He has some memories before the event and he has some of the memories after the event. Very little, "Browne said.
Brown said his client had any mental health problems, but that he is not acting by qualified majority shall act on the expertise of the judgment.
"Drag the parts is not something that really you forget very often," he said. "He is in shock."
Browne, a lawyer who defended serial killer Ted Bundy and the thief, known as "the Bandit", Hiroshima has said, he has worked on three or four military cases. The armed group includes military defence lawyer, Major Thomas Hurley.
The investigation of military lawyers to submit contributions to the Commander, which then makes the judgment, whether or not there is probable cause to believe that the offence was committed and that the accused has done it.
The Commander of the convening authority, which then sends the must, as a general rule, the Brigade to which the accused has been addressed, but could be higher than the level of the investment, the Commander.
Wednesday, March 21, 2012
Bales's lawyer questions quality of evidence (1:58) - Washington Post
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AppId is over the quota
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