The army court-martial defense specialist and Bradley Manning's attorney David E. Coombs published his Motion to Dismiss Manning's case for Lack of Speedy Trial in his blog Army Court Martial Defense dot Info.
The Sixth Amendment right to a speedy trial is applied to military jurisprudence through two separate and distinct provisions-- Rule for Court-Martial (R.C.M.) 707 and Article 10 of the Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 810). While both provisions seek to protect the same constitutional right, and while there is considerable overlap between the two, each provision has separate rules regarding when the protections attach and when they are breached.
Whether stemming from R.C.M. 707 or from Article 10 UCMJ, a motion to dismiss for lack of a speedy trial must be raised before the court-martial is adjourned, and it is waived by a guilty plea, as provided in R.C.M. 907(b)(2)(A) and 905(e). Once the issue is raised, the burden of persuasion rests with the government. R.C.M. 905(c)(2)(B). Before hearing on the motion, the parties may stipulate as to undisputed facts and dates of relevant pretrial events. The stipulation will provide the court a chronology detailing the processing of the case. R.C.M. 707(c)(2).
An update has just been posted regarding the confinement conditions of Bradley Manning.
13 January 2011
The defense has raised its objection to the documented confinement conditions of PFC Bradley Manning on multiple occasions with the Quantico confinement facility and the Staff Judge Advocate’s (SJA) Office. On 5 January 2011, the defense filed a formal complaint with the commander of the Quantico Brig. On the same day, PFC Manning also filed a formal complaint through the confinement grievance process. Both complaints requested that the confinement facility remove PFC Manning from Prevention of Injury (POI) watch and that his classification level be reduced from "Maximum" to "Medium Detention In." The confinement facility did not respond to either complaint.
Due to the lack of response from the confinement facility, the defense, pursuant to the provisions of Rule for Courts-Martial (R.C.M.) 305(g), filed a request earlier today with the Garrison Commander to direct the release of PFC Bradley Manning from pretrial confinement. This request is based upon the fact that the confinement conditions currently being endured by PFC Manning are more rigorous than necessary to guarantee his presence at trial, and that the concerns raised by the government at the time of pretrial confinement are no longer applicable. Further steps to address PFC Manning's confinement conditions will be taken, if necessary.
Posted by Army Court-Martial Defense Specialist at 4:00 PM
This update and future updates from the Law Offices of David E. Coombs can be found here.