Motions considered in Afghan killings case

2013-04-24 12:11
Robert Bales. (File, AP)

Robert Bales. (File, AP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Joint Base Lewis-McChord - The US soldier accused of murdering 16 Afghan villagers during a pre-dawn rampage last year appeared in a military courtroom on Tuesday for a hearing that focused largely on what might happen if he's convicted, including which family members and friends could speak on his behalf.

Prosecutors and defence attorneys argued over who might testify in support of Robert Bales at any sentencing hearing, should it come to that. Such testimony could help determine whether he receives the death penalty.

The Ohio native and father of two from Lake Tapps, Washington state, is accused of murdering Afghan villagers, mostly women and children, early 11 March 2012.

Bales, who was on his fourth combat deployment, slipped away from his base in southern Afghanistan to attack two nearby villages and returned soaked in blood, prosecutors say.

He has not yet entered a plea, but it is standard under military law for pre-trial motions to address sentencing issues.

List of witnesses

Bales' court martial has been set for September. His lawyers maintain that they cannot be ready to try a death penalty case by then. One of them, Emma Scanlan, is due to give birth that month.

The judge, Col Jeffery Nance, set what he described as a flexible deadline of 29 May for Bales' lawyers to say whether they will present any sort of mental health defence at trial or during sentencing.

Defence attorneys previously gave the court a list of witnesses they intend to call at sentencing - people who might show their client in a good light or explain anything troubling in his background that might warrant leniency.

Army prosecutors told the judge that not all of the witnesses were necessary. In some cases, the judge agreed: It likely would be redundant for two of Bales' older brothers to testify, Nance said, and so defence attorneys should call just one.

Likewise, the judge said, the defence would not need to call a teacher, principal and football coach from Norwood High School in Norwood, Ohio, where Bales grew up. Two of the three would do, he said.

But Nance did say Bales' mother and aunt both would be allowed to speak, as they offered differing perspectives on his life. Such testimony from the aunt could include family mental health issues or descriptions of Bales' mother's use of alcohol while she was pregnant with him, the judge suggested.

"A lot of our witnesses that we want to testify in a potential penalty phase will be here, including Sgt Bales' mother," Scanlan said after the hearing. "She's a very important witness to who he was as a child and who he is a man."

Witness shopping

Among the other witnesses defence lawyers might call on Bales' behalf is his high school football teammate Marc Edwards, a future running back at Notre Dame and later National Football League teams including the 2002 Super Bowl champion New England Patriots.

Other issues discussed at the hearing included the defence team's request to have a new psychiatric expert to help determine whether Bales was suffering from mental issues, such as post-traumatic stress disorder.

Citing attorney-client privilege, Scanlan did not say why the request was made. The defence team provided its reasons to the judge - but not prosecutors - in a confidential court filing.

Prosecutors objected to the motion, saying it smacked of witness shopping, and the judge said he would rule later. He said the same about the defence team's request for a consultant to be appointed to help them pick jurors.

During a preliminary hearing late last year, prosecutors built a strong eyewitness case against the veteran soldier, with troops recounting how they saw Bales return to the base alone, covered in blood.

Read more on:    robert bales  |  us  |  afghanistan  |  afghanistan shooting

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Comments have been closed for this article.

Inside News24

 
/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.