Tuesday, May 24, 2011

Bozicevich Findings Arguments Today

The Washington Post is reporting that the trial and defense counsel in the SGT Joseph Bozicevich capital murder case will each present their findings arguments today.  This comes after nearly a week of mistrial motions from the defense (all denied, obviously, since the case is continuing). 

Interestingly, a comment on CAAFlog appears to tie the Bozicevich case to the Army crime lab analyst woes.  Bozicevich's civilian defense counsel Charlie Gittins writes that the military judge instructed the members in his capital murder case (presumably Bozicevich, as Gittins earlier in the case argued he didn't have capital litigation experience) to disregard testimony from the USACIL fingerprint expert the government called to the stand.  According to Gittins, this was due to the lab and the expert herself failing to reveal that she had been decertified from certain aspects of her job.  With the various Brady violation allegations in Army death cases (see Behenna), it might be time for a refresher course on the duty to turn over potentially exculpatory information.