Watada May See the End of Case

FORT LEWIS, WA - After the trial of 1^st Lt. Ehren Watada ended in a mistrial Wednesday, the case may take a surprising turn. Watada may be spared from having another trial, which is scheduled to begin in March. The Fifth Amendment double jeopardy clause may keep the case from being retried.

After the prosecutors' case crumbled, a military judge, with the support of the prosecution, announced a mistrial. University of Washington law professor John Junker said the mistrial paved the way for a double jeopardy defense. Junker said, "the notion is that you can't just stop in the middle and say, 'I don't like the way it's going' and start over.' If the defendant objected, it does raise the possibility of double jeopardy. This would happen in civilian courts, and I presume in a military court. That doctrine comes from the Constitution."

This case has been given national attention and has electrified the anti-war movement. Watada is the first United States military officer to release a public statement, refusing to deploy to Iraq. Watada claims the war in Iraq is illegal and he will have no part in the war. He feels it is his duty to refuse unlawful orders.

Fort Lewis prosecutors have not yet reached a decision about whether or not Watada would be retried. Eric Seitz, Watada's lawyer, plans to use the double jeopardy clause as a defense to block the prosecutors from retrying Watada.

Some of Watada's supporters had been able to gain access to the courtroom and were thrilled by the remarkable turn in the case. Carolyn Ho, the lieutenant's mother, said, "I continue to remain very hopeful my son will be exonerated." A retired Army colonel and former diplomat, who resigned after disputing the war in Iraq, said, "The Army's case is a mess, and it reflects the mess the administration is in also in Iraq."

Army officials have stated they are not upset with the outcome of the trial. They are impressed with the judge's decision and his ability to remain fair within the military justice system. Joe Pick, Fort Lewis spokesman, gave this statement: "The military judge ensures fairness in the proceedings, especially to the accused. In this case, the judge was concerned that the stipulation amounted to a confession by Lt. Watada to an offense to which he intended to plead not guilty."

Seitz was against the mistrial and said, "[the judge] abused his discretions." Seitz is a well-seasoned attorney who has been trying cases for military members since the Vietnam War. Seitz claims he has never seen a turn like this. According to Seitz, Watada "was not happy that he does not get to get this over with". Watada is aware this could be the close of the case against him.

The remarkable turn of events were the result of a stipulation of fact that Watada had signed in a plea agreement over a week ago. Watada had signed a plea deal which allowed the prosecutors to drop two charges of conduct unbecoming of an officer. The trial, which began this week, was for two additional charges of conduct unbecoming of an officer and one charge of missing movement when his unit deployed June 2006.

The judge declared a mistrial after he had questioned Watada without the jury present, which would have been perceived as "very unusual" in a civilian trial. After the questioning, the judge stated he could not accept Watada's testimony. He came to the conclusion that even though Watada admitted he missed movement, it was not the same as confessing guilt, as perceived by the prosecutors.

If Watada had been convicted, he would have faced four years in prison and a dishonorable discharge. For the time being, Watada continues to serve on active duty, attending work daily at Fort Lewis.

Source

(Seattle Post-Intelligencer. http://seattlepi.nwsource.com/local/302885_watada08.asp)