Here is a Fox News story about the not guilty verdict from military judge CDR Tierney Carlos in the second SEAL court-martial in Iraq. SO2 Keefe apparently elected judge alone trial today.
Given the two not guilty verdicts, one by a judge and one by members, it is hard to predict what will happen in the SO2 McCabe case in June in Norfolk. Different judge and different facts. If the members questioned whether the assault occurred then SO2 McCabe probably has a decent chance at a not guilty verdict as well. If the issue was whether SO2 Keefe or SO1 Huertas could have prevented the assault, well that’s a different story.
For everyone’s sake I hope a certain segment of the media takes this for what it is, another not guilty verdict based on the facts. If you’re the government you realize facts are imperfect and these results are the result of the process. If you are the defense, you know that’s why you sometimes roll the dice and refuse Mast in a case like this and know you got your client a terrific result. However, I wouldn’t rule out administrative action after the not guilty verdicts. As counsel in a high profile Midshipman case, I can attest that sometimes its the administrative action that vexes your client.