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no box found for date_header_boxCourt Martial Trial Delayed
by TChris
An Army mechanic who was scheduled to begin a court martial trial this week on charges of desertion won a reprieve after a judge ruled that the investigating officer compromised her impartiality. The judge ordered a new Article 32 hearing. TalkLeft's take on Sgt. Kevin Benderman's case can be found here and here.
Benderman, a Fort Stewart armored-vehicle mechanic, skipped his 3rd Infantry Division unit's deployment flight Jan. 8, just 10 days after giving his commanders notice that he was seeking a discharge as a conscientious objector.
Benderman's lawyers argued that the investigator sent an email to the prosecutor, before conducting the Article 32 hearing, that appeared to presume Benderman's guilt. The judge agreed that the email could be read as "an expression of opinion about the accused's culpability."
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