Military law expert expects defense to attack the Army

A Seattle defense attorney prepared to meet Monday with
Joint Base Lewis-McChord Army Staff Sgt. Robert Bales, who
is facing formal charges in an attack on two Afghan
villages that left 16 people dead, including nine
children.

John Henry Browne flew to Kansas Sunday ahead of his first
face-to-face meeting with the 10-year Army veteran, who is
being held in an isolated cell at Fort Leavenworth’s
military prison.

We’ve been hearing for days now about how the attack must
be a
case of Sgt. Bales simply snapping under the pressure
of serving his fourth tour in 11 years because his family,
friends and fellow soldiers say he’s the nicest,
calmest, and friendliest person they knew.

CNN asked noted military
law expert Gary Solis of Georgetown University about how
he expects Browne to tackle this case. Solis
said Browne has some options.

“He certainly has the makings of a mental incapacity
defense; because of disease or defect of the mind, he was
unable to appreciate the wrongfulness of his acts,” he
explained. “He may have a medical defense, too, in that
traumatic brain injury may have effected his behavior.”

But stress alone, Solis said, is not a recognized defense
in military court. He also believes Browne will try to
put the military on trial. “The defense is sure to also
attack the Army saying ‘that it’s the Army’s fault, that
it put him back in Afghanistan after three tours,'” he
said.

Solis told CNN that defense likely won’t fly in front of a
military judge.

“If you’re the military judge, you’re not going to allow
the Army to be put on trial,” he said. “This is a case
about the acts and criminality of the acts of a certain
individual, and the military judge is likely to exclude,
preclude, any evidence offered by the defense that it’s
the Army’s fault or that there was stress involved in
this.”

Sergeant Bales could face the death penalty if convicted
in this case, but the military doesn’t put people to death
often.

US Army Private John A. Bennett was the last soldier
executed and that was in April, 1961. He was was
hanged after being convicted of rape and attempted murder.
There are a handful of men on military death row today.
Some have been awaiting execution for more than 20 years.
The president of the United States approves a military
death sentence and signs the death warrant.