When you compare the sentence for Capt. Schweitzer, who was the one who actually destroyed the tape, with the sentence Capt. Ashby received, it's hard to understand the disparity.
If you convict Sgt. Simpson, you'll be sending a message out to the Army that no drill sergeant is safe.
He also told you that at times he was in a dream-like state?
The simple conclusion you can draw is that the tape and video camera had nothing to do with the accident. It was a private tape; it wasn't a government tape. It was a private video camera.
Convict him of stupidity for not giving special treatment, but don't convict him of rape.
The verdict reflects the context in which these events took place. The jury recognized confusion about the rules that govern interrogation.
So you have no personal knowledge that any rules were being violated.
What he was doing he was doing in the open, and he was doing it because he believed the information in fact would save lives.
He was an evil man, funding the insurgency. The insurgency was beginning to grow, soldiers were dying and interrogators were under pressure to get information that would save soldiers' lives.
We do think the court members (jury) had to consider the fact there were people who died in this tragic accident, and we are concerned they let that override their decision in terms of looking at what the real offense was in this particular court-martial.
