Tuesday, May 17, 2011

New Article 32 Hearing for Holmes

Well, I'd like to say "I told you so," but that doesn't help anyone.  After raising the issue of being able to present a defense at the Article 32 hearing last fall for accused 5th Stryker Brigade "Kill Team" member Andrew Holmes, Holmes' defense scored a significant reversal this week.  While the Article 32 investigating officer and the convening authority refused to allow Holmes to use photographs from the death scene at the 32 hearing, and ACCA declined to weigh in on the issue at this point, the military judge assigned to Holmes' case has now ordered a new Article 32 hearing in order for the investigating officer to consider the photos.  The new hearing is set for next week (May 25).  Six months of wasted time for what should have been an obvious resolution...

See our previous posts on the subject here, here, and here.  Our amicus brief is here.