from http://www.washtimes.com/national/inring.htm
Pilot's defense
Air National Guard Maj. Harry Schmidt's defense team has filed a ream of
pretrial motions as the court battle heats up in the antiterror war's most
infamous case of fratricide. We obtained copies via an Air Force source. The
Air Force has charged the F-16 pilot with dereliction of duty in the
"friendly fire" bombing deaths of eight Canadian soldiers in April 2002
during the war in Afghanistan.
In the motions, Maj. Schmidt's civilian and military attorneys want:
- A public trial. The officer's pretrial Article 32 hearing was closed
to the public. Defense attorneys want the court-martial opened so fellow
fighter pilots can attend and report back to their units. "In this case, a
number of appropriately cleared military fighter pilots have expressed an
interest to the accused of attending his trial," the motion states. "They
have been very frank in their concerns that Maj. Schmidt receive a fair
trial because of the nature of the charge and the fact that the accident
occurred in a combat zone on a combat mission, much like they have been or
may be called upon to fly in the future."
-Words struck. Maj. Schmidt's attorneys want the court to strike from
the charging document the phrase "should have known." The phrase lowers the
bar of proof the prosecution must meet to prove willful dereliction of duty.
-The charge dismissed. The military court lacks jurisdiction over
National Guardsmen because, they say, the law allowing the federal
government to activate them is unconstitutional.
-The charges set aside and appointment of a new officer, called a
convening authority, to supervise the upcoming court-martial. Lt. Gen. Bruce
Carlson, the current convening authority, veered from normal procedure, they
say, by referring the charges for court-martial without first conferring
with his staff judge advocate.