The prospect of presidential clemency seemed heightened by last month's appointment to Gallagher's defense team of Marc Mukasey, one of Trump's personal lawyers. Trump said last month that he is considering pardons for a number of military service members accused of war crimes, and Gallagher's case was believed to be one of those under review. The judge also granted defense lawyers a potentially valuable edge in jury selection - the right to reject, with no reason given, two more potential jurors than they otherwise could exclude through the use of a peremptory challenge.īefore he was released from custody late last month, Gallagher had been ordered restricted to base at the nearby Naval Medical Center San Diego. The presiding judge, a Navy captain, ultimately removed the lead prosecutor from the case and freed Gallagher from pre-trial confinement. Gallagher's lawyers sought dismissal of the charges after learning that Navy prosecutors had electronically tracked email communications of defense lawyers without a warrant, ostensibly to pinpoint the source of material leaked from sealed case files. The opening of the trial was postponed several times by a lengthy round of proceedings to deal with defense allegations of prosecutorial misconduct. Names and other details about the alleged crimes were not disclosed. The prosecution's case rests crucially on the SEAL team members' testimony as there are no bodies or crime scenes from the Iraqi war zone. Naval Base San Diego are due to last three weeks.
The proceedings in a military courthouse at U.S. A Navy spokesman said on Monday between 5 and 15 jurors would be selected from a pool, half of whom are officers and the other half enlisted men.
He maintains that fellow SEAL team members in his platoon, who turned him in and are testifying against him under grants of immunity, are disgruntled subordinates who fabricated allegations to force him from command.ĭetails of the jury were not immediately available. The platoon leader is charged with murdering a wounded, helpless Islamic State fighter in his custody by stabbing him in the neck, and with attempted murder in the wounding of two civilians - a schoolgirl and an elderly man - shot from a sniper's perch in Iraq.
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