health defence or to have an expert testify, Scanlan said.
In court documents provided to The Associated Press by John Henry Browne, one of Bales lawyers, military prosecutors argue that Bales should not be allowed to have any expert witnesses testify Nike Shoes Gold And White about what effect his mental health might have had on his guilt. Nor do they want any expert to testify during the penalty phase of the trial, should it get that far, as to whether any history of traumatic brain injury or post traumatic stress disorder should spare him the death penalty.
Scanlan called that unrealistic, given how much time the defence team needs to review more than 30,000 pages of discovery materials, and find and interview witnesses not to mention getting their own client to open up. The defence has suggested a May 2014 trial date.
FILE In this Aug. 23, 2011, file photo, Defense Video Imagery Distribution System photo, Staff Sgt. Robert Bales, 1st platoon sergeant, Blackhorse Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division participates in an exercise at the National Training Center at Fort Nike Shoes White And Black High Top
The court filings provided to the AP are supposed to be public, according to lawyers who specialize in military law. However, in this and other courts martial, Joint Base Lewis McChord has refused to provide them to reporters, leaving civilian defence attorneys as the only source for records that can be key to the outcome of cases.
The reason: His lawyers have refused to allow him to participate in a board review.
stated, with each day that passes, the government right to a fair trial is further jeopardized, they wrote.
Bales attorneys have said he may have suffered from a traumatic brain injury, possibly when he lost consciousness when an improvised bomb went off during one of his tours in Iraq. They have thus far refused to let him take part in the sanity board because the Army would not let him have a lawyer present for the examination, would not record the examination and would not appoint a neuropsychologist expert in traumatic brain injuries to the board.
Such reviews are conducted by neutral doctors tasked with discerning a defendant mental state at the time of the crime and whether he competent to stand trial. Bales, who grew up in Norwood, Ohio, was serving his fourth deployment in a war zone, and his mental health has been expected to be a key part of the case.
Alternatively, Stelle wrote, the judge should order Bales to immediately undergo the sanity review.
Army seeks to bar any mental health defence by Bales in Afghan massacre
adequate time to develop the relationship of trust required for effective representation in a capital case, counsel may never learn or be able to present the most crucial facts about the accused, facts without which any possible understanding of his actions is impossible, she wrote.
However, in a reply to the government motion, one of Bales lawyers, Emma Scanlan, wrote Tuesday that Bales will participate as long as only certain information Nike Sneakers New
Irwin, Calif. Army says Bales, the soldier accused of killing 16 Afghan villagers during nighttime raids last year, will be arraigned Thursday, Jan. 17, 2013. Staff Sgt. Robert Bales could face the death penalty if convicted in the March 11 massacre. He faces premeditated murder and other charges in the attack on two villages in southern Afghanistan.(AP Photo/DVIDS, Spc. Army seeks to bar Staff Sgt. Robert Bales from using any sort of mental health defence to charges that he slaughtered 16 Afghan villagers last year because he has refused to take part in an official review of his sanity, according to documents obtained by The Associated Press.
Bales, a father of two from Lake Tapps, Wash., is due to appear Thursday morning in a military courtroom at Joint Base Lewis McChord south of Seattle, where his lawyers say he will plead not guilty. temporarily halted combat operations in the country.
That information should not be turned over to the government until Bales defence team actually gives notice of their intent to use a mental Nike Shoes Online Uae
It wasn clear whether the Army would agree to those conditions. The sides are expected to argue the issue before the judge on Thursday.
The documents also show that Bales lawyers requested the appointment of a neuropsychologist to the defence team after a forensic psychiatrist who had already been appointed, Dr. Thomas Grieger, reported that he didn have the expertise to evaluate Bales for traumatic brain injury. The Army refused, saying the defence hadn shown that such an appointment was necessary.
accused simply cannot be allowed to claim a lack of mental responsibility through the introduction of expert testimony from his own doctors, while at the same time leaving the government with no ability to overcome its burden of proof because its doctors have been precluded from conducting any examination of the very matters in dispute, Maj. Robert Stelle wrote in a motion Jan. 3.
Among other issues raised in the documents is the date for Bales court martial. Prosecutors are arguing to set the trial quickly for June 10 because many witnesses remain in a volatile part of Afghanistan. Two possible witnesses have already been killed in separate and unrelated attacks, they noted, and as American troops withdraw, access to those witnesses is only going to get tougher and more dangerous.
about the results are forwarded to prosecutors. Prosecutors should promptly receive findings about his current competence, but nothing about his mental state at the time of the attack, she wrote.
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