Wednesday, February 07, 2007

UPDATE: Mistrial declared in trial of army member who refused to ship out to Iraq

On Sunday, I blogged on U.S. military service member Ehren Watada who is being court marshalled for refusing to ship out to Iraq to serve in President Bush's illegal war. Today, the judge overseeing the court martial declared a mistrial saying the soldier did not fully understand a document he signed admitting to elements of the charges.'

Military judge Lt. Col. John Head announced the decision after 1st Lt. Ehren Watada said he never intended to admit he had a duty to go to Iraq with his fellow soldiers — one element of the crime of missing troop movement. Head set a March 12 date for a new trial and dismissed the jurors.

Last month, Watada signed a 12-page stipulation of fact in which he acknowledged he did not go to Iraq with his unit, the 3rd Brigade, 2nd Infantry Division, last June. He also acknowledged making public statements criticizing the Iraq war, which he believes to be illegal.

In exchange for signing the document, prosecutors dropped two charges of "unbecoming of an officers" against Watada.

The judge told prosecutors today:

"I see there is an inconsistency in the stipulation of fact," the judge said Wednesday. "I don't know how I can accept (it) as we stand here now."

And with that, a mistrial was declared and a new trial date set for March 12.

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