Defense seeks delay in Kreutzer retrial

[unhappycamper]

Defense seeks delay in Kreutzer retrial
Staff and wire reports
Posted : Wednesday Apr 30, 2008 14:51:22 EDT

Attorneys for Sgt. William Kreutzer, accused of a 1995 shooting spree at Fort Bragg, N.C., are asking to delay his retrial, set to begin June 2, until next year. They told a military judge Tuesday they needed more time to prepare for the case, which carries a possible death penalty. No ruling was made.

Eighteen soldiers were injured and one killed Oct. 27, 1995, when a gunman fired at a formation of 2nd Brigade, 82nd Airborne Division soldiers at Towle Stadium.

Kreutzer, 38, was convicted and sentenced to death in 1996 for the crime, but on March 11, 2004, a three-judge panel set aside his sentence on appeal.

During Tuesday’s hearing, Kreutzer’s attorneys were to ask the judge to set aside the possibility of capital punishment on the grounds that the military’s capital referral process violates the equal protection component of the Fifth Amendment.

A statement from Kreutzer’s attorneys cites that in federal court, the attorney general is the only person who can authorize a U.S. attorney to pursue a capital sentence against a defendant. In the military, any general court-martial convening authority can apply the death penalty in eligible cases, resulting in an inconsistent system, Kreutzer’s attorneys said.


Rest of article at: http://www.armytimes.com/news/2008/04/ap_kreutzer_043008/

[CRK7376]

1. I had just run past

Towle Stadium on Ardennes for my morning PT run when this fruitcake opened fire back in '95....I don't run on Ardennes much anymore. Bad ankles and kness etc...I prefer to run on the Matamile or NCO Club trail these days......