Judge OKs second trial of Lt. Watada
Associated Press
FORT LEWIS, Wash. — Trying 1st Lt. Ehren Watada again for his refusal to deploy to Iraq won't violate his constitutional right not to be prosecuted twice for the same crime, an Army judge has ruled.
Watada's new lawyers, Kenneth Kagan and James Lobsenz, immediately filed notice they will appeal that ruling to the Army Court of Criminal Appeals in Arlington, Va.
Watada, of Honolulu, is charged with missing the deployment of his unit, the 3rd Brigade, 2nd Infantry Division, in June 2006 and with conduct unbecoming an officer for comments he made about President Bush and the Iraq war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged.
Watada says the war is illegal and he would be party to war crimes if he participated. His first trial ended in a mistrial.
The military judge, Lt. Col. John Head, presided over the first trial in February and ended it after questioning whether Watada understood a pretrial agreement he had signed. Head also refused Friday to disqualify himself from the case.
Head also ruled against Watada's defense team when they contended his decision to declare a mistrial in the first court-martial was wrong.
The developments are likely to delay the start of the second trial, which had been scheduled to begin July 23. Watada, a Kalani High School graduate who is based at Fort Lewis, continues to perform administrative duties.
Kagan argued Friday that Head should step away from the case because the judge has created the impression that his mind is made up on some issues. The lawyer noted an e-mail that Head's supervisor sent the judge, indicating she believed the mistrial did not create double-jeopardy issues and that a second court-martial could proceed. Kagan said the e-mail suggested there was pressure on Head to rule a certain way. Head denied he has any preconceived notions.
Lobsenz told the judge he erred by not exploring alternatives to calling off the first trial midway through. Head ruled against Watada on that issue. He is expected to issue a written decision next week.
