As more testimony is being released to the Public....the Navy's prosecution is beginning to flounder like a rotten hulled ship hard up on the rocks.
The Chief shall be convicted of Bad Order and Discipline for posing for photos with the body of the ISIS Fighter....that is a given.
The Murder Charge is the one that has been undone by the various witnesses.
The shooting at innocent civilians has been undone by the Star witness who admitted he had not actually seen the shootings.
The Medic said he killed the ISIS Fighter by cutting off his air supply.
Two General Officers testified there were no Stab Wounds on the Victim.
There was no blood found on the alleged murder weapon or in the sheath.
The NCIS Investigator has admitted to serious mistakes in the Investigation.
NONE of this is good for the Chief, his Team Mates, the SEAL's, the US Navy, the US Marine Corps, and the American Military in general.
I can turn a some what blind eye to the photo taking....these are rough Men doing a very dirty job....and they will sometimes make errors in judgement.
That does not mean I endorse or condone what they did in that regard....but I can understand it.
I have seen it done first hand in another War....it happens in every War I am thinking.
In our system of justice....harsh as the Uniform Code of Military Justice (UCMJ) can be....certain protections are in place that should, if properly considered in this case, will and should prevent the Murder Conviction.
It appears there was no autopsy (I have seen no mention of a Forensic Pathology Report in any news reporting), the was no definitive cause of death presented, and there are many witnesses who challenge the veracity or reliability of the accusing witnesses.
As a former NCIS Investigator with experience in Death Cases....with absolute certainty I can say there should have been an autopsy and detailed photographic confirmation of the condition of the body. That might not have been possible in this case due to exigent circumstances and that moves to this case to one of mere circumstantial evidence....the weakest evidence in any prosecution.
The Chief is done in the Navy....he will be discharged probably with a Bad Conduct Discharge (known by the Troops as a "Big Chicken Dinner") which will be something that will stick to him the rest of his Life.
I have no problem with that.....as he and his Team Mates all knew that the photo taking was not to be done as there were some Marine Snipers that got punished severely for that very same thing not so long ago.
Boxers have to stay inside the Ropes when they fight....so do our Military Personnel.