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Watada lawyer: Double jeopardy will be argued if second trial proceeds

    Updated: 2/7/2007 9:54:27 PM    Posted: 2/7/2007 9:52:50 PM
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The civilian defense attorney for an Army lieutenant who has refused to deploy to Iraq says he'll invoke double jeopardy if the government follows through with plans to re-try his client. Eric Seitz says he'll seek dismissal of the charges against Lieutenant Ehren Watada with prejudice, so they couldn't be refiled. But the Army's Judge Advocate General at Fort Lewis says double jeopardy doesn't apply in this case. A military judge today declared a mistrial at the prosecution's request, ruling that Watada didn't fully understand a document he signed admitting to elements of the charges. Seitz says he's is puzzled by that, noting that the judge had reviewed the document and offered corrections before it was signed. The Army wants the new trial to start in March.

Copyright 2007 by The Associated Press. All Rights Reserved


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