Word: watada
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...Watada, 28, faced charges both for failing to deploy and for making public statements about the war that the Army considered "conduct unbecoming an officer." In a pretrial stipulation as part of an agreement to lower the number charges against him, Watada had admitted his failure to deploy. He did not admit guilt on the charge, however, because he felt his failure to deploy had been justified by the war's alleged illegality...
...judge was concerned that the stipulation amounted to a confession by Watada to an offense to which he intended to plead not guilty," said Fort Lewis spokesman Joseph Piek. It was unclear why it had taken the judge three days to come to this conclusion concerning a document that was a pillar of the prosecution's case, but it was nevertheless devastating to the military prosecutors, who had rested their case the previous...
...Stammering at points in his arguments with the judge and looking extremely frustrated, Army prosecutor Capt Scott Van Sweringen asked for the mistrial after Judge Head, having personally questioned Watada about the stipulation, ruled that he was going to reject the agreement and tell the jurors that is should be disregarded. The judge himself seemed to urge a mistrial request at that point, saying of his direction to the jurors: "How do you un-ring that bell...
...seemed highly unlikely a new trial would actually begin on March 19. Seitz, Watada's lawyer, said there would be scheduling conflicts and that in any case he would file an immediate motion to dismiss the case whenever it was finally reconvened. "It is my opinion that Lieut. Watada cannot be tried again because of the effect of double jeopardy," he said, contending that because it was prosecutors who asked for the mistrial, and because the judge granted the mistrial over the opposition of defense lawyers, the prosecutors could not subsequently retry Watada...
...Seitz said Watada was frustrated that the case had ended in a mistrial rather than a verdict, but he also said of the case: "I do not believe it will ever be resurrected...