UPI reports, here, that MAJ Hasan’s defense team may be denied access to copies of a government assessment of intelligence failures leading up to the Ft. Hood shootings and some of the emails between MAJ Hasan and radical Muslim cleric Anwar al-Awaki referenced in the report.  The report states that trial counsel have “objected to providing the information to [Hasan's civilian defense counsel, John] Galligan but would let [Chief Circuit Judge COL Gregory] Gross review the report to determine which portions ‘should be made available for review and inspection to defense.’”  Hasan’s arraignment is scheduled for today at 2:30 pm Central time.

The Killeen Daily Herald reports here that “Col. Gregory Gross, the Chief Circuit Judge at Fort Hood, announced the arraignment” of MAJ  Nidal Hasan “is scheduled for 2:30 p.m. Wednesday in the Fort Hood courtroom.”

The Fourth Circuit today issued this order in the habeas case of Hennis v. Hemlick, No. 10-6400.  The appeal challenges the military’s jurisdiction to court-martial military death row’s newest resident, retired Master Sergeant Timothy Hennis.  The argument is tentative,ly calendared for argument during the 20 September – 23 September argument session.  Maybe I’ll be taking a field trip to Richmond in September.

h/t NIMJ blog

Now that we know United States v. Bozicevich will end in a non-capital sentence, we can update the statistics for military death penalty cases.

Under the current military death penalty system, which President Reagan promulgated in January 1984, there have been 52 known capital courts-martial resulting in 16 adjudged death sentences, for a 30.8% death sentencing rate.  (Convening authorities commuted two of the adjudged death sentences and appellate courts reversed eight of the approved death sentences.)

Here’s a breakdown by branch:

USAF:  11 capital courts-martial; 2 adjudged death sentences  (18% capital sentencing rate)

U.S. Army:  21 capital courts-martial; 7 adjudged death sentences (33% capital sentencing rate)

USCG:  0 capital courts-martial; 0 adjudged death sentences

USMC:  14 capital courts-martial; 7 adjudged death sentences (50% capital sentencing rate)

USN:  6 capital courts-martial; 0 adjudged death sentences (0% capital sentencing rate)

Historically, about 25% of the military death penalty caess tried in the current system have resulted in a non-unanimous finding of guilty to premeditated murder or felony murder, thereby eliminating death as an authorized sentence.

[Correction:  The original post misstated the percentage of Army cases resulting in a death sentence when I accidentally repeated one of the raw numbers in lieu of the percentage.  Gordon Smith caught the error.  Thanks!]

SPC Jeremy Morlock testified yesterday against his former 5th Stryker Brigade mates in the re-opened Art. 32 hearing of PFC Andrew Holmes. The Seattle Times reports, here, that Morlock gave former mate PFC Holmes the old rusty gate to the mid-section:

In his first appearance as a key witness for Army prosecutors, Pvt. Jeremy Morlock testified Wednesday that he and another soldier, Pfc. Andrew Holmes, repeatedly reviewed a plot to murder an unarmed Afghan farmer before carrying out the crime in January of 2010

The Bozicevich trial is apparently tainted by the USACIL mess. McClatchy, here, continues its full field press ride on USACIL. [with updated link]  They report that:

Work by the military’s premier crime lab is being questioned again–this time by the presiding judge in a double murder case. In the latest example of troubled testimony by the lab’s analysts, a judge overseeing the trial of Army Sgt. Joseph Bozicevich told jurors to disregard testimony from a fingerprint analyst.

H/t Defense News Early Bird

The members panel just returned findings of guilty to the premeditated murder charge and specifications in United States v. Bozicevich, but the verdict was non-unanimous.  That means that death is no longer an authorized punishment.  Instead, the members will choose between confinement for life and confinement for life without eligibility for parole.

Deliberations began at 1435 today and recessed at the members’ request at about 1800. 

The military judge instructed on the LIOs of unpremeditated murder, voluntary manslaughter, and involuntary manslaughter.

The member were instructed concerning self-defense and partial mental responsibility.

For the case to proceed to the sentencing stage with the death penalty still authorized, the members must return a unanimous finding of guilty to at least one of the premeditated murder specs.  If at least one member votes either not guilty or for an LIO on each of those specs, a death penalty will no longer be authorized even if the members return a finding of guilty to at least one of the premeditated murder specs.  In that case, life would be the mandatory minimum and life without eligibility for parole would be the maximum.  If the members were to convict of a lesser form of homicide, there would be no mandatory minimum.

The Bozicevich capital court-martial finally returns to the news.  This AP report says motions kept the members out last week, but the defense should resume its case on Monday. 

The LA Times reports that an Army court-martial will hear a plea on an Army soldier accused of killing a Taliban prisoner.  Prior coverage here.

An Army private accused of killing a Taliban prisoner last year in Afghanistan has agreed to plead guilty, according to his attorney, even though several military psychiatrists concluded he was suffering severe mental illness at the time.

Pfc. David W. Lawrence is expected to receive a “substantially” reduced sentence for the killing of Mullah Mohebullah, a senior Taliban commander who was shot in the face last October while being guarded by Lawrence at a U.S. detention facility in Kandahar province, said James Culp, the defendant’s lawyer.

Lawrence had been charged with premeditated murder in military court. The plea deal will spare Lawrence from a possible life sentence without parole, the minimum punishment he faced if convicted on the charge under military law.

It will also shield the Army from the controversy over locking up a 20-year-old soldier for the rest of his life after its own doctors diagnosed him with schizophrenia and post-traumatic stress syndrome.

The killing sparked tensions between the U.S. and Afghan President Hamid Karzai, who described it as an example of coalition forces’ frequent use of excessive force. Karzai threatened to hold his own investigation. But the case also raised questions about whether the Army was being vigilant enough in screening troops for mental illness, especially in combat units.

The Midshipman rape case we previously reported on here has been referred to a general court-martial–I think that’s what they are saying–according to the Annapolis Capitol.  More later when I find out what exactly that report means.

Here is the Fayetteville Observer’s latest update on the SPC Eric Mead murder trial at Ft. Bragg.  According to the report, the government played the accused’s 911 call, in which he states that “he awoke in his car covered in blood with no recollection of what happened. ‘Where the hell am I and what the hell did I do?’ Mead asks the operator. ‘I’m not injured, but there’s blood all over me.’  Mead gave the operator his name and address and asked that someone check on his brother-in-law.”

Here is a full report on SGT Bozicevich’s testimony in his capital trial.  Appears testimony for the defense will continue today.

From AP (via WaPo), SGT Bozicevich testifies that he fired at two superior NCOs because they pointed guns at him to get him to sign a negative evaluation:

Sgt. Joseph Bozicevich . . . wept as he testified Tuesday at his court-martial at Fort Stewart. He said Staff Sgt. Darris Dawson and Sgt. Wesley Durbin pointed guns at his head after Bozicevich refused to sign written critiques that could have cost him his rank.

Defense attorney Charles Gittins told the military jury that a psychiatrist will testify Bozicevich suffers from delusions. But he says Bozicevich truly believed his life was in peril.

Prosecutors say the 41-year-old Bozicevich killed both soldiers in anger in September 2008 after they critiqued him for poor performance.

More updates later.

Here’s today’s media update on the Bozicevich capital court-martial being tried at Ft. Stewart.

h/t NIMJ blog

You wouldn’t know if from the media, but a capital court-martial continues to be tried at Fort Stewart, Georgia.  There were a spate of stories about the case when the government made its opening statement on 20 April.  But a Google News search for “Bozicevich” doesn’t come up with a single hit since 22 April.

The case is still ongoing, witth the prosecution continuing to present its case on the merits.  SGT Joseph Bozicevich is accused of killing SSg Darris Dawson and SGT Wesley Durbin in Iraq.  The case has been referred capitally and is being heard by a 12-member panel.

We’ll try to continue to provide updates.

Today is the 50th anniversary of the last execution of a U.S. servicemember by the U.S. Armed Forces.  PFC John Bennett was hanged at the USDB for the 1954 rape and attempted murder of  an 11-year-old girl just outside Salzburg, Austria.

An alert reader called our attention to the fact that military death row inmate Timothy Hennis’s counsel filed his reply brief in Hennis’s appeal of denial of habeas relief.  The case is pending before the 4th Circuit.  We’ve posted the reply brief here.

MSNBC reports that Army Secretary John McHugh has ordered disciplinary action against nine officers who allegedly failed to take note of or action regarding behavior by MAJ Nidal Hasan prior to the Ft Hood shooting spree that left 13 dead and 32 wounded. The MSNBC report indicates that “non-judicial punishment” will be taken against the officers, but an Associated Press report indicates the actions will be administrative in nature.