Army court issues partial stay in soldier's 2nd court martial

The Army court of appeals today issued a partial stay in the second trial for a Fort Lewis soldier who refused to go to Iraq and spoke out against the Bush administration.

The decision by the Army Court of Criminal Appeals in Arlington, Va., means the July 23 court-martial for 1st Lt. Ehren Watada will be on hold until the court reviews arguments from both sides.

Watada is charged with missing movement and conduct unbecoming an officer. If convicted, he could be sentenced to six years in prison and be dishonorably discharged.

The appeals court issued its decision after defense attorneys Kenneth Kagan and James Lobsenz of Seattle moved to dismiss all charges against Watada based on a double jeopardy argument.

The Army has 10 days from today to respond to defense's motion to dismiss the case.

Watada's first military trial ended in mistrial in February when military judge Lt. Col. John Head said he didn't believe Watada fully understood a pretrial agreement he'd signed.

"It's our position that the judge abused his discretion when he declared a mistrial," Kagan told The Associated Press today.