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Court 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."

Military prosecutors contend that Benderman had an obligation to report to Iraq while his conscientious objector application was pending. They say Benderman refused to report to avoid hazardous duty, and thus deserted. Benderman says his prior experience in Iraq had a profound impact on his moral assessment of his military service.

Benderman had already served one tour in Iraq during the 2003 invasion. He says what he witnessed there — a young girl clutching a badly burned arm, dogs feeding on corpses in a mass grave and Iraqi civilians drinking from mud puddles — left him morally opposed to returning to war.

The Army Conscientious Objector Review Board denied Benderman's application in April on the ground that he "did not present convincing evidence." The commanders at Fort Stewart plan to move forward immediately with a new Article 32 hearing.

< Group Tracks Degrees of Closeness to Tom DeLay | Editorial Calls For Death Penalty Moratorium in Ohio >

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    Re: Court Martial Trial Delayed (none / 0) (#1)
    by GhostDog on Sat Dec 17, 2005 at 12:58:59 PM EST
    "the investigating officer compromised her partiality." Impartiality, surely?

    Re: Court Martial Trial Delayed (none / 0) (#2)
    by TChris on Sat Dec 17, 2005 at 12:58:59 PM EST
    Surely you're right. Error corrected.

    Re: Court Martial Trial Delayed (none / 0) (#3)
    by ppjakajim on Sat Dec 17, 2005 at 12:59:01 PM EST
    et al - Okay. Let's have a fair hearing and then hang him for desertion. Works for me.

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