Expert: If prosecution kicked off Afghan killings case, it could mean lighter sentence
Aug 14, 2013, 6:03 AM | Updated: 7:31 am
According to a civilian military defense counsel based in Seattle and a former Army JAG, it may result in a lighter sentence for Staff Sgt. Robert Bales, shown above in a military court reporter sketch. (AP Image/File)
(AP Image/File)
A week before his client will be sentenced for killing 16 civilians in Afghanistan, attorney John Henry Browne wants the entire prosecution team thrown off the case.
According to a civilian military defense counsel based in Seattle and a former Army JAG, it may result in a lighter sentence for Staff Sgt. Robert Bales.
Browne said the military judge hearing the case against Bales gave the prosecution an unredacted copy of his client’s psychiatric evaluation by mistake.
Browne believes the only way to fix the error is to remove the prosecution team before next week’s sentencing. A member of his defense team made the argument Tuesday at Joint Base Lewis-McChord.
“I think he’s hoping to get a less experienced prosecution team to come in on the case at the last minute,” said civilian military defense counsel and former Army JAG Stephen H. Carpenter. “Based on that [Browne’s] hoping he’ll be able to rattle that new team. Certainly the likelihood of that is greater if the old team is removed.”
Browne said he is worried the prosecution will use the statements Bales made to doctors against him at sentencing.
“This is a case where the prosecution team should have known better. But they decided to read this privileged document and based on reading it, clearly they now know what it is Sgt. Bales had said during the sanity board interview,” said Carpenter.
Carpenter said reading the unredacted document was “totally inappropriate.” If the prosecution is thrown off, which Carpenter said is likely, it gives Bales a stronger chance of getting parole.
“The defense will be able to put on a more compelling case, a more persuasive case that would result, potentially in their client receiving a sentence of life – but with the possibility of parole,” said Carpenter.
Bales pleaded guilty to the mass killing to avoid the death penalty earlier this year.
KIRO Radio reporter Chris Sullivan, KIRO Radio anchor Kim Shepard and MyNorthwest.com’s Alyssa Kleven contributed to this report.
