Post by sclcookie on Jun 3, 2006 2:35:34 GMT -5
Fate of airman closer to appeals phase
The fate of a Robins Air Force Base airman sentenced to death for a July
5, 2004, double murder is inching closer to a possible appeals phase now
that a military judge has authenticated the court transcript.
Col. Jeff Robb, judge advocate for the Warner Robins Air Logistics Center
at Robins, said the document containing thousands of pages has been
approved by Col. Thomas Cumbie from the Air Force's eastern judicial
district at Bolling Air Force Base, Washington, D.C.
Cumbie presided over the general court-martial of Senior Airman Andrew
Witt last year.
The move opens the door for a final review of the court's decision by Maj.
Gen. Mike Collings, commander of the center at Robins. Robb expects the
ruling within 30 days.
Collings ordered the court-martial of Witt after the 116th Air Control
Wing avionics technician was charged with the premeditated murder of
Senior Airman Andrew Schliepsiek and his wife, Jamie, at their home on
base. Witt was also charged with attempted murder in the stabbing of
Senior Airman Jason King.
Under the military justice system, Collings has broad latitude to rule on
the verdict. He may uphold the death penalty, order a lesser sentence or
declare Witt not guilty and set him free.
"The authority of the commander is the unique aspect of the military
system," said Robb. "In the civilian world, lawyers and judges do
everything. But the military justice system belongs to the commander."
Robb said a copy of the authenticated transcript has been served to Witt
and his lawyers along with the judge advocate's recommendations to
Collings. Robb would not discuss what he recommended. Witt is being held
in the U.S. Disciplinary Barracks at Fort Leavenworth, Kan.
"The defense normally has ten days to submit clemency matters to Gen.
Collings," Robb said, "and, realistically, they're going to ask for 20
more. So it will be at least 30 days before Gen. Collings makes his
ruling."
Robb said his staff worked some "crazy hours" to get the transcript ready
for authentication so that Collings can rule before he departs in early
August. Collings, ALC commander for more than 2 years, is transferring to
Egypt.
If Collings upholds the death penalty, Witt will have automatic appeals,
first to the Air Force Court of Criminal Appeals, then to the Court of
Appeals for the Armed Forces. Both courts are in Washington, D.C.
"The 1st court is a military court with Air Force officers as judges,"
Robb said. "The 2nd is a civilian court. Of course, a third appeal is
possible to the U.S. Supreme Court."
The ruling by Collings may not end local involvement. "One of the appeals
courts could send the case back for a hearing or even for a new trial,"
the judge advocate said.
If the death sentence ruling is upheld through all appeals, the president
must sign an execution order before Witt can be put to death. That process
could require a number of years, Robb said. "The last time I checked,
President Bush had not ruled on an execution order for a 1992 Army
court-martial," he said.
(source: Macon Telegraph)
The fate of a Robins Air Force Base airman sentenced to death for a July
5, 2004, double murder is inching closer to a possible appeals phase now
that a military judge has authenticated the court transcript.
Col. Jeff Robb, judge advocate for the Warner Robins Air Logistics Center
at Robins, said the document containing thousands of pages has been
approved by Col. Thomas Cumbie from the Air Force's eastern judicial
district at Bolling Air Force Base, Washington, D.C.
Cumbie presided over the general court-martial of Senior Airman Andrew
Witt last year.
The move opens the door for a final review of the court's decision by Maj.
Gen. Mike Collings, commander of the center at Robins. Robb expects the
ruling within 30 days.
Collings ordered the court-martial of Witt after the 116th Air Control
Wing avionics technician was charged with the premeditated murder of
Senior Airman Andrew Schliepsiek and his wife, Jamie, at their home on
base. Witt was also charged with attempted murder in the stabbing of
Senior Airman Jason King.
Under the military justice system, Collings has broad latitude to rule on
the verdict. He may uphold the death penalty, order a lesser sentence or
declare Witt not guilty and set him free.
"The authority of the commander is the unique aspect of the military
system," said Robb. "In the civilian world, lawyers and judges do
everything. But the military justice system belongs to the commander."
Robb said a copy of the authenticated transcript has been served to Witt
and his lawyers along with the judge advocate's recommendations to
Collings. Robb would not discuss what he recommended. Witt is being held
in the U.S. Disciplinary Barracks at Fort Leavenworth, Kan.
"The defense normally has ten days to submit clemency matters to Gen.
Collings," Robb said, "and, realistically, they're going to ask for 20
more. So it will be at least 30 days before Gen. Collings makes his
ruling."
Robb said his staff worked some "crazy hours" to get the transcript ready
for authentication so that Collings can rule before he departs in early
August. Collings, ALC commander for more than 2 years, is transferring to
Egypt.
If Collings upholds the death penalty, Witt will have automatic appeals,
first to the Air Force Court of Criminal Appeals, then to the Court of
Appeals for the Armed Forces. Both courts are in Washington, D.C.
"The 1st court is a military court with Air Force officers as judges,"
Robb said. "The 2nd is a civilian court. Of course, a third appeal is
possible to the U.S. Supreme Court."
The ruling by Collings may not end local involvement. "One of the appeals
courts could send the case back for a hearing or even for a new trial,"
the judge advocate said.
If the death sentence ruling is upheld through all appeals, the president
must sign an execution order before Witt can be put to death. That process
could require a number of years, Robb said. "The last time I checked,
President Bush had not ruled on an execution order for a 1992 Army
court-martial," he said.
(source: Macon Telegraph)