Updated at 12:53 p.m., Wednesday, February 7, 2007
Mistrial declared in Watada court-martial
By MELANTHIA MITCHELL
Associated Press Writer
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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, 28, of Honolulu, 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, prosecutors dropped two charges of conduct unbecoming an officer charges against him, and agreed to proceed to trial on the remaining charges: missing movement — for his refusal to deploy last June — and two other allegations of conduct unbecoming an officer for comments made about the case.
To prove a charge of missing movement, the prosecutors need to show that Watada did not report when he had a duty to do so. The disagreement that prompted the mistrial was about whether Watada admitted missing troop movement and having a duty to report, or only missing troop movement.
"I see there is an inconsistency in the stipulation of fact," the judge said today. "I don't know how I can accept (it) as we stand here now."
Because much of the Army's evidence was laid out in the document, rejecting it would hurt its case, Head acknowledged. He granted the prosecutors' request for a mistrial, which Watada's lawyer opposed.
