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Army war resister takes on new lawyers for retrial
Seattle Post Intelligencer Staff & News Svc, Apr 5, 2007
 
HONOLULU -- Army 1st Lt. Ehren Watada has found new lawyers for his court-martial for refusing to deploy to Iraq. 

Watada's first trial ended in mistrial after three days when the judge said the soldier didn't fully understand a pretrial agreement. That deal would have cut his sentence to four years.

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

A second court-martial is scheduled to begin July 16.

Honolulu-based military defense lawyer Eric Seitz had been representing Watada largely for free. But Seitz said the Seattle law firm Carney Badley Spellman has picked up the case. Watada's new Seattle attorneys are Kenneth Kagan and James Lobsenz.

"We will be taking the position that a second trial is barred by the double-jeopardy clause" of the Constitution, Kagan said. "Some (legal observers) have opined that double jeopardy does not apply to soldiers as it does to civilians. We will take the position that there was no manifest reason for the judge to deal a mistrial, and as a result a subsequent trial is barred," Kagan said.

The charge of conduct unbecoming an officer accuses Watada of making public statements criticizing the Iraq war or President Bush in four instances.

Watada has acknowledged making the statements and missing a June deployment with the 3rd Brigade, 2nd Infantry Division, which is currently in Baghdad.

Just before the mistrial was declared, he had planned to take the witness stand to argue that his motives were to avoid committing war crimes by participating in an illegal war.

Watada is currently assigned to an administrative position at Fort Lewis.

Seitz, who was compensated only for his travel expenses while defending Watada, said he is "strenuously opposed to the war" and "greatly respected" the soldier's stand.

Last Updated ( Thursday, 31 May 2007 )
 
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Among the Watada Supporters . . .

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We gratefully acknowledge US Rep. Mike Honda, Willie Nelson, Harry Belafonte, Mike Farrell, Ed Asner, Randi Rhodes, Susan Sarandon, Martin Sheen and many others for their support. Read their statements

Watada on NPR

Tune in or listen online: NPR's Jan 25 Fresh Air interview with Lt. Watada.

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