Friday, May 20, 2011

Bozicevich Mistrial Motions Update

This week's and last week's hearings in the Bozicevich capital court-martial can be summed up by 2 words: mistrial motions.  The motions stemmed from potentially exculpatory evidence that wasn't timely revealed to the defense, including an allegation from the ex-wife of 1 of the deceased soldiers that appeared to impact his character for peacefulness, and the delayed disclosure of records of Bozicevich's mental health history. 

While the military judge found error in the late discovery of the evidence, she denied repeated mistrial motions made by Bozicevich's civilian defense counsel, Charlie Gittins, choosing to limit the government's ability to counter defense evidence related to the late disclosures.  It appears the trial counsel requested a break in the court-martial in order to determine whether to take a government interlocutory appeal to the Army Court of Criminal Appeals.  (My guess is such an appeal wouldn't be fruitful for the government.)

Of course, the media doesn't seem to be following this case, so our only sources of information are from an anonymous commenter on CAAFlog, the widow of another soldier killed during a deployment, and the link above.