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Saturday, January 24, 2004
UPDATE ON AIR FORCE FRIENDLY FIRE COURT MARTIAL
More news on the controversial court martial of an Air Force Reserve pilot for a friendly fire incident that killed several Canadian soldiers in Afghanistan. Story from Canada. His preliminary hearing has been delayed because he broke his fibula playing indoor soccer. The trial is set for March 1.
Issues to look for in this trial:
- This is the first EVER trial of a servicemember for an aerial friendly fire incident. Many (including me, a former aviator) feel this pilot is being unfairly scapegoated in order to smooth over relations with the Canadians. JAG even devoted a "ripped from the headlines" episode to this, Episode 173, Friendly Fire, Airdate 2/10/03.
- Major Schmidt, the defendant, has hired a civilian lawyer. He's currently appealing the decision not to hand him classified evidence to the Air Force Court of Criminal Appeals. He won't win, but he may in the court of public opinion. Look for the "military justice is an oxymoron" crowd to seize on this one. Right now, his own client can't tell him some evidence.
- The Article 32 officer (a pre-preliminary investigator) recommended that ALL charges be dropped, but the convening authority (usually the first general officer in the chain of command) reinstated a dereliction of duty charge. The maximum sentence is six months, but if guilty, he'll probably just get a dismissal. Still, a lot better than the manslaughter charge he was facing, a possible sentence of 10 years.
- GO PILLS: This will be a key part of the defense. Major Schmidt claims he was under the influence of Flight Surgeon prescribed amphetamines to improve his performance, standard wartime Air Force practice. (I never took them, but my flight surgeon did have them for a rainy day.)
Issues to look for in this trial:
- This is the first EVER trial of a servicemember for an aerial friendly fire incident. Many (including me, a former aviator) feel this pilot is being unfairly scapegoated in order to smooth over relations with the Canadians. JAG even devoted a "ripped from the headlines" episode to this, Episode 173, Friendly Fire, Airdate 2/10/03.
- Major Schmidt, the defendant, has hired a civilian lawyer. He's currently appealing the decision not to hand him classified evidence to the Air Force Court of Criminal Appeals. He won't win, but he may in the court of public opinion. Look for the "military justice is an oxymoron" crowd to seize on this one. Right now, his own client can't tell him some evidence.
- The Article 32 officer (a pre-preliminary investigator) recommended that ALL charges be dropped, but the convening authority (usually the first general officer in the chain of command) reinstated a dereliction of duty charge. The maximum sentence is six months, but if guilty, he'll probably just get a dismissal. Still, a lot better than the manslaughter charge he was facing, a possible sentence of 10 years.
- GO PILLS: This will be a key part of the defense. Major Schmidt claims he was under the influence of Flight Surgeon prescribed amphetamines to improve his performance, standard wartime Air Force practice. (I never took them, but my flight surgeon did have them for a rainy day.)