Technical Exhibit 4 Summarized Court Reporting Format 22-Q-0093.pdf

Previous Editions are obsolete

THE ARMY

COURT REPORTER COURSE

SUMMARIZED COURT

REPORTING FORMAT

U.S. Army

The Judge Advocate General’s School, United States Army Charlottesville, Virginia

INTRODUCTION

The following is an example of a summarized record of trial. It has been designed to provide the student with a guide for format in preparing summarized transcripts of cases tried by general and special courts-martial. There are numerous other entries herein that are included for explanation only. These items are set off in Notes and bold print and are NOT a part of the record of trial.

Also, these entries are not all inclusive. This guide is simply a summarization of the verbatim student guide of US v. Quirk. There will be instances where things will occur during trial that you will not find examples of in this guide. You may compose your own summarized boilerplates in these instances; use simple, plain language, and ensure you accurately reflect the events that occurred.

Remember that the record must speak the truth.

You will note several things appearing in the left margin of this guide. First, all Standard Stock Entries appearing in this record of trial are marked with "SSE". This abbreviation is not part of the actual record of trial, but merely to point out the Standard Stock Entries appearing herein. Also, each major boilerplate entry is numbered in the left margin, and some boilerplates have shaded headings for reference purposes. These entries WILL NOT be transcribed into the actual record of trial.

The summarized format guide is split into four parts: Guilty, Judge Alone; Not Guilty w/ Members; Acquittal with Members; and Acquittal, Judge Alone.

With the exception of testimony, all summarized entries will be written in THIRD PERSON, PAST TENSE.

REVISED APRIL 2009

SUMMARIZED COURT

REPORTING FORMAT

Judge Alone Guilty Plea

DD Form 491, May 2000 Previous Editions are obsolete

SUMMARIZED Original VOL I of I

RECORD OF TRIAL

(and accompanying papers) of

QUIRK, Phineus R. 123-45-6789 Specialist/E4 (NAME: Last, First Middle Initial) (Social Security Number) (R ank)

Headquarters and Headquarters Company, 12th Infantry Division U.S. Army Fort Jones, GA (Unit/Command Name) (Branch of Service) (Station or Ship)

By

SPECIAL COURT-MARTIAL

Convened by Commander (Title of Convening Authority)

12th Infantry Division and Fort Jones (Unit/Command of Convening Authority)

Tried at

Fort Jones, Georgia on 16 March 20CY (Place or Places of Trial) (Date or Dates of Trial)

ACTION OF JUDGE ADVOCATE OR GENERAL COURT-MARTIAL CONVENING AUTHORITY(SPCM)/JAG(GCM)

(RCM 1111 and 1112, MCM, 1984)

UNIT/COMMAND NAME

LOCATION OF JUDGE ADVOCATE OR

GENERAL COURT-MARTIAL CONVENING

AUTHORITY/JAG

DATE RECORD

RECEIVED

ACTION DATE REMARKS

FINAL DISPOSITION:

Findings and sentence, as approved by convening authority, correct in law and fact; to file

NO COMPANION CASES.

OR

Findings and sentence, as modified or corrected

(see remarks), correct in law and fact; to file

Acquittal or sentence set aside (see remarks); to file

Copies of CMO disposed of in accordance with departmental regulation

JUDGE ADVOCATE OR LAW SPECIALIST

SIGNATURE

RANK DATE SIGNED

1 See inside back cover for instructions as to use, preparation and arrangement.

DD Form 491, May 2000

CHRONOLOGY SHEET

In the case of SPC Phineus R. Quirk

Date of alleged commission of earliest offense tried: __________________

Date record forwarded to The Judge Advocate General: __________________

(Signature and Rank of Staff Judge Advocate or Legal Officer)

ACTION

DATE

CUMULATIVE

ELAPSED

DAYS

1. Accused placed under restraint by military authority

2. Charges preferred (date of affidavit)

3. Article 32 investigation (date of report)

4. Charges received by convening authority

5. Charges referred for trial

6. Sentence or acquittal

Less Days

Accused sick, in hospital, or AWOL:

Delay at request of defense:

Total authorized deduction:

7. Net elapsed days to sentence or acquittal

8. Record received by convening authority

Action

9. Record received by officer conducting review under Article 64(a)

Action

REMARKS:

ARTICLE 32

INVESTIGATION

PRETRIAL ALLIED

PAPERS

RECORD OF PROCEEDINGS

DD Form 491, May 2000, Page 1

SUMMARIZED

RECORD OF TRIAL

(NAME: Last, First Middle Initial) (Social Security Number) (Rank)

(Unit/Command Name) (Branch of Service) (Station or Ship)

Fort Jones, Georgia on 16 March 20CY (Place or Places of Trial) (Date or Dates of Trial)

COPIES OF RECORD

_______ copy of record furnished the accused or defense counsel as per attached certificate or receipt.

_______ copy(ies) of record forwarded herewith.

RECEIPT FOR COPY OF RECORD

I hereby acknowledge receipt of a copy of the above described record of trial, delivered to me at

________________________________________________ this __________ day of _______________________ 2007.

(Signature of accused)

DD Form 491, May 2000, Page 2

CERTIFICATE IN LIEU OF RECEIPT

(Place) (Date) I certify that on this date a copy of the above-described record of trial was transmitted (delivered) to the accused, SPC Quirk, Phineus R., at

__________________________________________ by, ________________________________________ (Place of delivery) (Means of delivery) and that the receipt of the accused had not been received on the date this record was forwarded to the convening authority. The receipt of the accused will be forwarded as soon as it is received.

(Signature of trial counsel)

OR

(Place) (Date) I certify that on this date a copy of the above-described record of trial was transmitted (delivered) to the accused’s defense counsel, CPT Kenneth C. Hartman, at _________________________________________ by, _______________________________________ (Place of delivery) (Means of delivery) because (it was impracticable to serve the record of trial on the accused because he/she was transferred to ___________________________)(the accused requested such at trial)(the (Place sent to) accused so requested in writing, which is attached)(the accused is absent without leave)

(Other reason)

OR

The accused was not served personally because (he/she is absent without leave)

(Other Reason) Accused has no defense counsel to receive the record because (defense counsel has been excused under RCM 505(d)(2)(B)) (_______________________________________________________).

(Date) (Signature of trial counsel)

SSE PROCEEDINGS OF A SPECIAL COURT-MARTIAL

SSE The military judge called the Article 39(a) session to order at Fort Jones, Georgia, at 0945, 16 March 20CY, pursuant to the following order:

Court-Martial Convening Order Number 10, Headquarters, 12th Infantry Division and Fort Jones, Fort Jones, Georgia, dated 1 February 20CY.

SSE [END OF PAGE]

NOTE: THE CONVENING ORDER(S) WILL BE INSERTED IN THE ROT DIRECTLY

BEHIND THIS PAGE. IF THERE ARE AMENDING ORDERS, THEY WILL BE

PLACED FIRST WITH THE MOST RECENT ON TOP AND THEN IN DESCENDING

ORDER, FOLLOWED BY THE BASIC CONVENING ORDER ON THE BOTTOM.

Division and Fort Jones, Fort Jones, Georgia, dated 1 February 20CY

SSE PERSONS PRESENT

COLONEL ALWAYS M. LEGAL, MILITARY JUDGE;

CAPTAIN PETER R. RYAN, TRIAL COUNSEL;

CAPTAIN KENNETH C. HARTMAN, DEFENSE COUNSEL.

SSE PERSONS ABSENT

Members.

SSE The accused, Specialist Phineus R. Quirk, U.S. Army, was present in court.

SSE The detailed reporter, Staff Sergeant Deborah M. Smith, U.S. Army, was sworn.

OR

SSE The detailed reporter, Staff Sergeant Deborah M. Smith, U.S. Army, had previously been sworn.

QUALIFICATIONS AND DETAILING OF THE TRIAL COUNSEL

1 The trial counsel announced (his)(her) (the) legal qualifications and status as to oaths (of all members of the prosecution) and that (he)(she)(they) had been detailed by Colonel John Smith, Staff Judge

Advocate, 12th Infantry Division and Fort Jones.

2 The trial counsel further stated that (no member of the prosecution) (he)(she) had (not) acted in a manner which might tend to disqualify (them)(him)(her).

NOTE: IF A MEMBER OF THE PROSECUTION IS DISQUALIFIED UNDER R.C.M.

502(d), THAT WILL BE SUMMARIZED TOGETHER WITH THE ACTION TAKEN UNDER R.C.M. 901(d).

QUALIFICATIONS AND DETAILING OF THE DEFENSE COUNSEL

3 The defense counsel announced (his)(her)(the) legal qualifications and status as to oaths (of all members of the defense) and that (he)(she)(they) had been detailed by Major Kim Jones, Senior Defense Counsel, Fort Jones Trial Defense Field Office.

4 The defense counsel further stated that (no member of the defense)

(them) (him)(her).

NOTE: IF A MEMBER OF THE DEFENSE IS DISQUALIFIED UNDER R.C.M. 502(d), THAT WILL BE SUMMARIZED TOGETHER WITH THE ACTION TAKEN UNDER

R.C.M. 901(d). ALSO, LEGAL QUALIFICATIONS OF ANY CIVILIAN OR

INDIVIDUAL MILITARY COUNSEL WILL BE SUMMARIZED.

COUNSEL RIGHTS EXPLAINED

5 The military judge informed the accused of the rights concerning counsel as set forth in Article 38(b) and R.C.M. 901(d).

6 The accused responded that he understood the rights with respect to counsel and that he chose to be defended by Captain Hartman.

DETAILING OF MILITARY JUDGE

7 The military judge stated it appeared that counsel for the parties had the necessary qualifications and had been sworn. The military judge further announced his legal qualifications and status as to oaths and that he had been detailed to the court-martial by the Chief Circuit Judge, 2d Judicial Circuit.

GENERAL NATURE OF THE CHARGES

8 The trial counsel stated the general nature of the charges (The Charge) in this case.

VOIR DIRE AND/OR CHALLENGE OF THE MILITARY JUDGE

9 The military judge stated that he was aware of no grounds for challenge against him. Neither the prosecution nor the defense desired to voir dire or challenge the military judge for cause.

9A The (trial)(defense) counsel conducted voir dire.

AND

9B The (trial)(defense) counsel had no challenge for cause against the military judge.

9C The (trial)(defense) counsel challenged the military judge for cause on the grounds that . The military judge ruled that .

TRIAL FORUMS EXPLAINED

10 The military judge advised the accused of his right to be tried before a court-martial composed of members, including, at the accused's request, at least one-third enlisted persons, and that if the accused were found guilty of any offense, the members would determine any sentence to be adjudged.

11 The military judge further advised the accused that he could request in writing, or orally in the court-martial, trial before military judge alone and that if such a request were approved, the military judge would determine the accused's guilt or innocence, and if the accused were found guilty, the military judge would determine any

MILITARY JUDGE ALONE REQUEST IN WRITING

12 The accused indicated that he fully understood the difference between a trial by military judge alone and by a court-martial composed of members, and he stated he desired to be tried by military judge alone.

13 After ascertaining that the accused had consulted with defense counsel and had been informed of the identity of the military judge and of the right to trial by members, the military judge approved the accused's written request for trial by military judge alone, marked as Appellate Exhibit I.

MILITARY JUDGE ALONE REQUEST - ORAL

13A After ascertaining that the accused had consulted with defense counsel and had been informed of the identity of the military judge and of the right to trial by members, the military judge approved the accused's oral request for trial by military judge alone.

NOTE: AT THIS POINT, THE ACCUSED WILL BE ARRAIGNED. THE TRIAL

COUNSEL WILL ASK IF THE ACCUSED DESIRES THAT THE CHARGES BE

READ. IF THE ACCUSED WAIVES THE READING OF THE CHARGES, SIMPLY

SET FORTH THE FOLLOWING:

ARRAIGNMENT

14 The military judge announced the court-martial was assembled, and the accused was arraigned on the following charges (Charge) and specifications (Specification):

SSE [THE CHARGE SHEET FOLLOWS AND IS NOT A NUMBERED PAGE.]

IDENTIFICATION OF CONVENING AUTHORITY

15 Major General Eye M. Infantry, Commander, 12th Infantry Division and Fort Jones, convened the court-martial and referred the charges (The Charge) and specifications (Specification) to it.

NOTE: AT THIS POINT, THE MILITARY JUDGE WILL ASK FOR THE ACCUSED TO

PLEAD, BUT BEFORE RECEIVING THE PLEA(S), THE MILITARY JUDGE

WILL INFORM THE ACCUSED THAT IF HE DESIRES TO PRESENT ANY

MOTIONS TO DISMISS ANY CHARGE OR TO GRANT OTHER RELIEF, THOSE

MOTIONS SHOULD BE MADE PRIOR TO PLEADING. IF THERE ARE MOTIONS

MADE, THE SUBSTANCE OF THE MOTION MADE AND ANY EVIDENCE

PRESENTED, EITHER DOCUMENTARY AND/OR TESTIMONIAL SHALL BE

COMPLETELY SUMMARIZED IN THE RECORD.

MOTION(S)

16 The defense had no motions to present.

ENTRY OF PLEA(S)

17 The accused pled as follows:

VERBATIM To The Charge and The Specification: Guilty.

NOTE: TWO DIFFERENT SETS OF ENTRIES FOLLOW. PAGES 7 THROUGH 9 SHOW A

GUILTY PLEA WITH A PRETRIAL AGREEMENT.

PAGES 10 THROUGH 11 SHOW A GUILTY PLEA WITHOUT A PRETRIAL

AGREEMENT.

THESE PAGES HAVE BEEN SET ASIDE FROM THE PLEA ON THIS PAGE FOR

CLARITY. YOU WOULD CHOOSE WHICH SET OF ENTRIES APPLY AND

CONTINUE ON WITH THIS PAGE AFTER PLEAS ARE ENTERED.

INQUIRY WITH A PRETRIAL AGREEMENT

PROVIDENCE INQUIRY

18 The military judge inquired into the providence of the accused's plea(s) of guilty. The military judge informed the accused of the right to plead not guilty and to be tried by a court-martial and that at such a court-martial, the accused would have the right to confront and cross-examine witnesses against the accused as well as the right against self-incrimination; that by pleading guilty, the accused waived the rights to a trial of the offense(s), to confront and cross-examine witnesses, and against self-incrimination; further, that the military judge would question the accused under oath about the offense(s) to which the accused had pled guilty. The military judge informed the accused that if he answered those questions falsely under oath, (on the record, and in the presence of counsel,) the accused's answers could be used against the accused in a prosecution for perjury or false statement. The accused stated that he understood these rights. (The military judge questioned the accused and determined that the plea(s) of guilty was (were) voluntary and not the result of force or threats or promises other than those in the pretrial agreement.)

MAXIMUM PUNISHMENT

19 The military judge informed the accused of the maximum punishment that could be imposed for the offense(s), and the accused stated that he understood.

20 The military judge ascertained that the accused had been advised of the effects of Article 58a, UCMJ, and further explained the provisions of a unitary sentence pertaining to automatic reduction in rank to pay grade E1.

21 The accused stated that he understood the provisions concerning automatic reduction in rank to pay grade E1.

SSE [The accused was sworn.]

ELEMENTS EXPLAINED

22 The military judge explained to the accused the elements of the offense(s) and all applicable legal definitions to which the plea(s) of guilty had been entered. In response to the questions of the military judge as to the offense(s) to which the accused had pled guilty, the accused responded under oath substantially as follows:

I understand the elements of the offenses, and I admit that, taken together, they correctly describe what I did. I am Specialist Phineus R. Quirk, U.S. Army. I have been on active duty since 10 August 20(CY-3). I am presently assigned to HHC, 12th Infantry Division, Fort Jones, Georgia.

I was absent without leave on 2 January 20CY. I did not have authority from anyone to be absent. I remained absent until on or about 3 February 20CY.

During my absence, I was at my home in Boston, Massachusetts. I did not have any contact with any military authorities during my absence. There was no physical reason that prevented me from returning earlier. I surrendered on 3 February 20CY, at my unit.

PRETRIAL AGREEMENT

23 The military judge ascertained that there was a pretrial agreement, which was marked as Appellate Exhibit II. The quantum portion of the pretrial agreement was marked as Appellate Exhibit III. The military judge ascertained from both counsel and the accused that there were no agreements or understandings other than those contained in the pretrial agreement.

(In response to questions by the military judge, the accused indicated that he and defense counsel had originated the request for a pretrial agreement;) that he had discussed its contents with defense counsel;

and that he fully understood the workings of the pretrial agreement.

The military judge fully explained each and every provision of the agreement and ascertained that the accused fully understood all provisions of the agreement. Counsel for both sides stated that their understanding of the pretrial agreement comported with that of the military judge. The accused stated that he had not been pressured or coerced into pleading guilty and that he was doing so voluntarily and because he believed in his own mind that he was, in fact, guilty.

Thereafter, the military judge accepted the agreement.

NOTE: IF THERE WERE PROBLEMS WITH THE AGREEMENT, THESE WOULD BE NOTED

AS WELL AS ANY CORRECTIVE ACTION TAKEN.

24 The military judge stated that he would not review the quantum portion of the agreement, Appellate Exhibit III, until after sentencing, but he would, at that time, inquire as to the accused's understanding of the maximum sentence which could finally be approved by the convening authority.

GUILTY PLEA ACCEPTANCE

25 The military judge announced that he found that the plea(s) of guilty had been made voluntarily and with full knowledge of its (their) meaning and effect. He further specifically found that the accused had knowingly, intelligently, and consciously waived his rights against self-incrimination, to a trial of the facts by a court-martial, and to be confronted by, and to cross-examine, the witnesses against him. Accordingly, he found the plea(s) to be provident and accepted it (them).

26 The military judge further advised the accused that subject to the discretion of the military judge, the accused could withdraw his plea(s) of guilty at any time prior to the announcement of sentence, and the accused acknowledged that he understood this advice.

27 The military judge announced that in accordance with his plea(s) of guilty, the accused was found:

VERBATIM Of The Charge and The Specification: Guilty.

NOTE: AT THIS POINT, YOU WOULD PROCEED ON TO THE PRESENTENCING

PORTION OF THE TRIAL. REMEMBER, THE NEXT 2 PAGES SHOW HOW TO

SUMMARIZE WHEN YOU DON'T HAVE A PRETRIAL AGREEMENT.

INQUIRY WITHOUT A PRETRIAL AGREEMENT

PROVIDENCE INQUIRY

18A The military judge inquired into the providence of the accused's plea(s) of guilty. The military judge informed the accused of the right to plead not guilty and to be tried by a court-martial and that at such a court-martial, the accused would have the right to confront and cross-examine witnesses against the accused, as well as the right against self-incrimination; that by pleading guilty, the accused waived the rights to a trial of the offense(s), to confront and cross-examine witnesses, and against self-incrimination; further, that the military judge would question the accused under oath about the offense(s) to which the accused had pled guilty. The military judge informed the accused that if he answered those questions falsely under oath, (on the record, and in the presence of counsel,) the accused's answers could be used against the accused in a prosecution for perjury or false statement. The accused stated that he understood these rights. (The military judge questioned the accused and determined that the plea(s) of guilty was (were) voluntary and not the result of force, threats, or promises.)

MAXIMUM PUNISHMENT

19A The military judge informed the accused of the maximum punishment that could be imposed for the offense(s), and the accused stated that he understood.

20A The military judge ascertained that the accused had been advised of the effects of Article 58a, UCMJ, and further explained the provisions of a unitary sentence pertaining to automatic reduction in rank to pay grade E1.

21A The accused stated that he understood the provisions concerning automatic reduction in rank to pay grade E1.

SSE [The accused was sworn.]

ELEMENTS EXPLAINED

22A The military judge explained to the accused the elements of the offense(s) and all applicable legal definitions to which the plea(s) of guilty had been entered. In response to the questions of the military judge as to the offense(s) to which the accused had pled guilty, the accused responded under oath substantially as follows:

I understand the elements of the offenses, and I admit that, taken together, they correctly describe what I did. I am Specialist Phineus R. Quirk, U.S. Army. I have been on active duty since 10 August 20(CY-3).

I am presently assigned to HHC, 12th Infantry Division, Fort Jones, Georgia.

I was absent without leave on 2 January 19CY. I did not have authority from anyone to be absent. I remained absent until on or about 3 February 19CY.

During my absence, I was at my home in Boston, Massachusetts. I did not have any contact with any military authorities during my absence. There was no physical reason that prevented me from returning earlier. I surrendered on 3 February 20CY, at my unit.

NO PRETRIAL AGREEMENT

23A Counsel for both sides and the accused stated that there was no pretrial agreement nor were there any agreements or understandings that were an inducement in connection with the accused's plea of guilty.

24A The accused stated that he had not been pressured or coerced into pleading guilty and that he was doing so voluntarily and because he believed in his own mind that he was, in fact, guilty.

GUILTY PLEA ACCEPTANCE

25A The military judge announced that he found that the plea(s) of guilty had been made voluntarily and with full knowledge of its (their) meaning and effect. He further specifically found that the accused had knowingly, intelligently, and consciously waived his rights against self-incrimination, to a trial of the facts by a court-martial, and to be confronted by, and to cross-examine, the witnesses against him. Accordingly, he found the plea(s) to be provident and accepted it (them).

26A The military judge further advised the accused that subject to the discretion of the military judge, the accused could withdraw his plea(s) of guilty at any time prior to the announcement of sentence, and the accused acknowledged that he understood this advice.

27A The military judge announced that in accordance with his plea(s) of guilty, the accused was found:

VERBATIM Of The Charge and The Specification: Guilty.

PRESENTENCING PROCEDURE

28 The trial counsel presented the data as to pay, service, and restraint of the accused, as shown on the charge sheet. The defense counsel had no objection to the data as read.

28A The military judge ascertained that there were no corrections or additions to the data on the first page of the charge sheet.

NOTE: ANY OBJECTIONS MUST BE NOTED AS WELL AS ANY RESOLUTION THEREON.

AGGRAVATION

29 The trial counsel offered Prosecution Exhibits 1 through 3 for identification into evidence. There being no objection by the defense counsel, the military judge received Prosecution Exhibits 1 through 3 into evidence.

NOTE: ANY OBJECTIONS AND THE RULING THEREON MUST BE NOTED.

30 The prosecution (had nothing further to offer) (rested).

EXTENUATION & MITIGATION RIGHTS

31 After the military judge informed the accused of his right to present matters in extenuation and mitigation, including the right to make a sworn or unsworn statement or to remain silent, the accused stated that he understood his rights, (and the defense counsel stated the accused desired to make an (oral) unsworn statement.)

32 The defense counsel offered Defense Exhibit A for identification into evidence. There being no objection by the trial counsel, the military judge received Defense Exhibit A into evidence.

NOTE: AN EXAMPLE OF AN ORAL STIPULATION FOLLOWS ON THE NEXT PAGE.

THIS WOULD BE USED AS A GUIDE IN SUMMARIZING ORAL STIPULATIONS

ENTERED INTO BY COUNSEL. IF A STIPULATION IS REDUCED TO

WRITING AND ADMITTED AS AN EXHIBIT, YOU WOULD TYPE A

BOILERPLATE SUCH AS, "The defense counsel read Defense Exhibit A to the court-martial."

YOU DON'T HAVE TO TYPE IT OUT IF IT'S AN EXHIBIT.

ORAL STIPULATION - NOT WRITTEN/NOT MARKED AS AN EXHIBIT

33 The defense and the prosecution, with the express consent of the accused, entered into an oral stipulation of expected testimony regarding Mr. John Paul Jones. The military judge ascertained from the accused that he understood the stipulation and consented to the stipulation. The military judge thereafter accepted the stipulation.

34 The defense counsel then announced that if Mr. John Paul Jones were present in the court-martial and testifying under oath, he would testify substantially as follows:

That he is Mr. John Paul Jones, residing at 1321 Army Street, Atlanta, Georgia;

That he has known the accused for approximately 2 years;

That he feels the accused has an outstanding character for truth and veracity;

And that he would believe the accused under any circumstances.

SSE UNSWORN STATEMENT

35 The defense counsel made an unsworn statement on behalf of the accused in substance as follows:

Your Honor, the accused is sorry that this happened. He just wanted some time off, and he didn't really think about the consequences of his behavior. He promises to do everything he can to get right and earn an honorable discharge from the Army.

NOTE: See boilerplate 91A, with members, page 26, for a different example of an unsworn statement boilerplate.

36 The defense (had nothing further to offer) (rested).

37 The prosecution had no rebuttal evidence to present.

SENTENCING ARGUMENTS

38 The trial counsel made (waived) argument on sentence.

39 The defense counsel made (waived) argument on sentence.

40 The military judge announced the following sentence:

VERBATIM To be confined for 2 months; and To forfeit $200 pay per month for 2 months.

41 The military judge examined Appellate Exhibit III, the quantum of punishment, and ascertained that the accused understood its terms.

42 The military judge explained to the accused the effect that Appellate Exhibit III would have on the sentence that could be approved by the convening authority. Counsel and the accused concurred with the military judge's assessment of the sentencing provisions of the pretrial agreement.

43 The military judge ascertained from the defense counsel that an appellate rights statement had been marked as Appellate Exhibit .

44 The military judge questioned the accused concerning the accused's understanding of his post-trial and appellate rights. The accused stated that he understood his post-trial and appellate rights and that he had no questions concerning them.

45 Neither side had anything further to offer.

SSE [The court-martial adjourned at 1300, 17 March 20CY.]

AUTHENTICATION OF RECORD OF TRIAL

in the case of

Specialist Phineus R. Quirk, 123-45-6789, U.S. Army, Headquarters and

Headquarters Company, 12th Infantry Division, Fort Jones, GA 98765__

I received the completed record of trial for review and authentication on

ALWAYS M. LEGAL

COL, JA

Military Judge

DATE: __________________

ACKNOWLEDGEMENT OF RECEIPT AND EXAMINATION

I received the record of trial for review in the foregoing case on _____________ and completed my examination on ____________________.

KENNETH C. HARTMAN

CPT, JA

Defense Counsel

DATE: _____________________

(The record of trial was served on defense counsel on ______. After verifying receipt with defense counsel on _______ and conferring with the military judge on review by defense counsel on _____, the record was forwarded for authentication without completion of defense counsel's review.

F.H. DRALIN

MAJ, JA

Chief, Military Justic

SUMMARIZED COURT

REPORTING FORMAT

Not Guilty with Members

DD Form 491, May 2000 Previous Editions are obsolete

SUMMARIZED Original VOL I of I

RECORD OF TRIAL

(and accompanying papers)

(NAME: Last, First Middle Initial) (Social Security Number) (Rank)

(Unit/Command Name) (Branch of Service) (Station or Ship)

Fort Jones, Georgia on 17-18 March 20CY (Place or Places of Trial) (Date or Dates of Trial)

ACTION OF JUDGE ADVOCATE OR GENERAL COURT-MARTIAL CONVENING AUTHORITY(SPCM)/JAG(GCM)

(RCM 1111 and 1112, MCM, 1984)

UNIT/COMMAND NAME

LOCATION OF JUDGE ADVOCATE OR

GENERAL COURT-MARTIAL CONVENING

AUTHORITY/JAG

DATE RECORD

RECEIVED

ACTION DATE REMARKS

FINAL DISPOSITION:

Findings and sentence, as approved by convening authority, correct in law and fact; to file

NO COMPANION CASES.

OR

Findings and sentence, as modified or corrected

(see remarks), correct in law and fact; to file

Acquittal or sentence set aside (see remarks); to file

Copies of CMO disposed of in accordance with departmental regulation

JUDGE ADVOCATE OR LAW SPECIALIST

SIGNATURE

RANK DATE SIGNED

1 See inside back cover for instructions as to use, preparation and arrangement.

DD Form 491, May 2000

CHRONOLOGY SHEET

In the case of SPC Phineus R. Quirk

Date of alleged commission of earliest offense tried: __________________

Date record forwarded to The Judge Advocate General: __________________

(Signature and Rank of Staff Judge Advocate or Legal Officer)

ACTION

DATE

CUMULATIVE

ELAPSED

DAYS

1. Accused placed under restraint by military authority

2. Charges preferred (date of affidavit)

3. Article 32 investigation (date of report)

4. Charges received by convening authority

5. Charges referred for trial

6. Sentence or acquittal

Less Days

Accused sick, in hospital, or AWOL:

Delay at request of defense:

Total authorized deduction:

7. Net elapsed days to sentence or acquittal

8. Record received by convening authority

Action

9. Record received by officer conducting review under Article 64(a)

Action

REMARKS:

ARTICLE 32

INVESTIGATION

PRETRIAL ALLIED

PAPERS

RECORD OF PROCEEDINGS

SUMMARIZED

RECORD OF TRIAL

(NAME: Last, First Middle Initial) (Social Security Number) (Rank)

(Unit/Command Name) (Branch of Service) (Station or Ship)

Fort Jones, Georgia on 17-18 March 20CY (Place or Places of Trial) (Date or Dates of Trial)

COPIES OF RECORD

_______ copy of record furnished the accused or defense counsel as per attached certificate or receipt.

_______ copy(ies) of record forwarded herewith.

RECEIPT FOR COPY OF RECORD

I hereby acknowledge receipt of a copy of the above described record of trial, delivered to me at

________________________________________________ this __________ day of _______________________ 2007.

(Signature of accused)

CERTIFICATE IN LIEU OF RECEIPT

(Place) (Date) I certify that on this date a copy of the above-described record of trial was transmitted (delivered) to the accused, SPC Quirk, Phineus R., at

__________________________________________ by, ________________________________________ (Place of delivery) (Means of delivery) and that the receipt of the accused had not been received on the date this record was forwarded to the convening authority. The receipt of the accused will be forwarded as soon as it is received.

OR

(Place) (Date) I certify that on this date a copy of the above-described record of trial was transmitted (delivered) to the accused’s defense counsel, CPT Kenneth C. Hartman, at _________________________________________ by, _______________________________________ (Place of delivery) (Means of delivery) because (it was impracticable to serve the record of trial on the accused because he/she was transferred to ___________________________)(the accused requested such at trial)(the (Place sent to) accused so requested in writing, which is attached)(the accused is absent without leave)

OR

The accused was not served personally because (he/she is absent without leave)

(Other Reason) Accused has no defense counsel to receive the record because (defense counsel has been excused under RCM 505(d)(2)(B)) (_______________________________________________________).

(Date) (Signature of trial counsel)

SSE PROCEEDINGS OF A SPECIAL COURT-MARTIAL

Fort Jones, Georgia, at 0945, 16 March 20CY, pursuant to the following order:

Division and Fort Jones, Fort Jones, Georgia, dated 1 February 20CY.

NOTE: THE CONVENING ORDERS WILL BE INSERTED IN THE ROT DIRECTLY

IN ALL CASES RESULTING IN AN ACQUITTAL OF ALL CHARGES AND

SPECIFICATIONS OR ACTIONS TANTAMOUNT TO ACQUITTAL, THE RECORD

WILL BE SUMMARIZED TO THE MINIMAL PRACTICAL EXTENT. THIS IS

ALL THAT IS NECESSARY BECAUSE REVIEW OF THE RECORD WILL BE

LIMITED TO JURISDICTIONAL QUESTIONS ONLY. IN ACORDANCE WITH

R.C.M. 1103(e), THE RECORD IN THESE CASES "MAY CONSIST OF THE

ORIGINAL CHARGE SHEET, A COPY OF THE CONVENING ORDER AND

AMENDING ORDERS (IF ANY), AND SUFFICIENT INFORMATION TO

ESTABLISH JURISDICTION OVER THE ACCUSED AND THE OFFENSES."

EVEN IN ACQUITTALS, THE RECORD WILL BE AUTHENTICATED AND ALLIED

PAPERS AS WELL AS EXHIBITS OFFERED AND/OR ADMITTED WILL BE

ATTACHED TO THE RECORD OF TRIAL.

Division and Fort Jones, Fort Jones, Georgia, dated 1 February 20CY

CAPTAIN KENNETH C. HARTMAN, DEFENSE COUNSEL.

QUALIFICATIONS AND DETAILING OF THE TRIAL COUNSEL

1 The trial counsel announced (his)(her)(the) legal qualifications and

NOTE: IF A MEMBER OF THE PROSECUTION IS DISQUALIFIED UNDER R.C.M.

502(d), THAT WILL BE SUMMARIZED, TOGETHER WITH THE ACTION TAKEN UNDER R.C.M. 901(d).

QUALIFICATIONS AND DETAILING OF THE DEFENSE COUNSEL

(he)(she)(they) had been detailed by the Senior Defense Counsel, Fort

Jones Trial Defense Field Office.

(them)(him)(her).

NOTE: IF A MEMBER OF THE DEFENSE IS DISQUALIFIED UNDER R.C.M. 502(d), THAT WILL BE SUMMARIZED, TOGETHER WITH THE ACTION TAKEN UNDER

R.C.M. 901(d). ALSO, LEGAL QUALIFICATIONS OF ANY CIVILIAN OR

INDIVIDUAL MILITARY COUNSEL WILL BE SUMMARIZED.

COUNSEL RIGHTS EXPLAINED

6 The accused responded that he understood the rights with respect to counsel and that he chose to be defended by Captain Hartman.

DETAILING OF MILITARY JUDGE

further announced his legal qualifications and status as to oaths and that he had been detailed to the court-martial by himself.

GENERAL NATURE OF THE CHARGES

VOIR DIRE AND/OR CHALLENGE OF THE MILITARY JUDGE

9 The military judge stated that he was aware of no grounds for challenge against him. Neither the prosecution nor the defense

9A The (trial) (defense) counsel conducted voir dire.

9B The (trial) (defense) counsel had no challenge for cause against the

9C The (trial) (defense) counsel challenged the military judge for cause on the grounds that . The military judge ruled that .

TRIAL FORUMS EXPLAINED

10 The military judge advised the accused of his right to be tried before a court-martial composed of members, including, at the accused's request, at least one-third enlisted persons, and that if the accused were found guilty of any offense, the members would determine any

11 The military judge further advised the accused that he could request in writing, or orally in the court-martial, trial before military judge alone, and that if such a request were approved, the military judge would determine the accused's guilt or innocence, and if the accused were found guilty, the military judge would determine any

ACCUSED ELECTS TRIAL BY MEMBERS (ALL OFFICERS)

12 The accused indicated that he fully understood the difference between members, and he stated he desired to be tried by members.

ACCUSED ELECTS TRIAL BY MEMBERS (WITH ONE-THIRD ENLISTED)

12A The accused indicated that he fully understood the difference between members, and he stated he desired to be tried by a court-martial composed of members, including one-third enlisted members.

12B The defense counsel stated that such a request for enlisted persons had been marked as Appellate Exhibit I.

ARRAIGNMENT

13 The accused was arraigned on the following charges (Charge) and

NOTE: INSERT THE CHARGE SHEET FOLLOWING THIS PAGE. REMEMBER TO TYPE

"END OF PAGE" ON THIS PAGE IF YOU'RE NOT WITHIN 2 INCHES OF THE

BOTTOM OF THE PAGE.

IDENTIFICATION OF CONVENING AUTHORITY

14 Major General Eye M. Infantry, Commander, 12th Infantry Division and Fort Jones, convened the court-martial and referred the charges (The Charge) and specifications (Specification) to it.

NOTE: AT THIS POINT, THE MILITARY JUDGE WILL ASK FOR THE ACCUSED TO

PLEAD, BUT BEFORE RECEIVING THE PLEA(S), THE MILITARY JUDGE

WILL INFORM THE ACCUSED THAT IF HE DESIRES TO PRESENT ANY

MOTIONS TO DISMISS ANY CHARGE OR TO GRANT OTHER RELIEF, THOSE

MOTIONS SHOULD BE MADE PRIOR TO PLEADING. IF THERE ARE MOTIONS

MADE, THE SUBSTANCE OF THE MOTION MADE AND ANY EVIDENCE

PRESENTED, EITHER DOCUMENTARY AND/OR TESTIMONIAL, SHALL BE

COMPLETELY SUMMARIZED IN THE RECORD.

TWO ENTRIES FOLLOW. THE FIRST ENTRY REFLECTS A MOTION BEING

ENTERED PRIOR TO PLEADING, AND THE SECOND ENTRY REFLECTS NO

MOTIONS MADE PRIOR TO PLEADING. YOU WOULD USE ONE OF THE TWO

ENTRIES, BUT NOT BOTH. REFLECT THE PROPER MOTION ENTERED IF A

MOTION IS MADE.

MOTION(S)

15 The defense moved to dismiss Charge I and The Specification thereunder on the grounds that The Specification failed to allege an offense in that it didn't allege "without proper authority".

15A The defense had no motions to present.

NOTE: THE MILITARY JUDGE MAY HEAR ARGUMENTS BY COUNSEL, RECEIVE

DOCUMENTARY OR TESTIMONIAL EVIDENCE, OR HE MAY JUST RULE

WITHOUT RECEIVING ANY INFORMATION FROM COUNSEL. ADDITIONALLY,

HE MAY TAKE A RECESS IN ORDER TO DO SOME RESEARCH BEFORE

RULING. YOU WOULD SUMMARIZE WHATEVER OCCURRED.

16 The defense counsel presented argument on the motion.

17 The trial counsel presented argument on the motion.

SSE [The Article 39(a) session recessed at 1005, 16 March 20CY.]

SSE [The Article 39(a) session was called to order at 1015, 16 March

20CY.]

ACCOUNTABILITY

18 The military judge stated that all parties previously present were again present.

19 The military judge denied the defense's motion.

20 The defense had no further motions to present.

ENTRY OF PLEA(S)

21 The accused pled as follows:

VERBATIM To all Charges and Specifications: Not Guilty.

SSE [The Article 39(a) session recessed at 1100, 16 March 20CY.]

SSE [The court-martial was called to order at 0900, 17 March 20CY, pursuant to the order(s) previously inserted in the record.]

CAPTAIN PETER R. RYAN, TRIAL COUNSEL;

CAPTAIN KENNETH C. HARTMAN, DEFENSE COUNSEL;

MAJOR JOHN C. BROWN,

CAPTAIN RICHARD L. O'BRIEN,

FIRST LIEUTENANT DANIEL E. BURNS,

SECOND LIEUTENANT PATTON C. EARTHINGTON,

CHIEF WARRANT OFFICER THREE JOHN P. JONES, MEMBERS.

CAPTAIN CALVIN R. McDOUGAL, MEMBER.

22 The trial counsel stated that Captain McDougal had been excused by the convening authority prior to trial.

SSE [The members of the court-martial were sworn.]

COURT ASSEMBLED/PRELIMINARY INSTRUCTIONS

23 The court-martial was assembled.

24 The military judge administered the preliminary instructions to the members of the court-martial.

25 The trial counsel restated the general nature of the charges (The Charge) to the court-martial.

NOTE: AT THIS POINT, THE QUESTIONING OF MEMBERS COMMENCES. MEMBERS

ARE QUESTIONED COLLECTIVELY AND INDIVIDUALLY. THIS PROCEDURE

IS CALLED VOIR DIRE. THIS PROCEDURE DETERMINES WHETHER OR NOT

A MEMBER IS SUITABLE TO SIT AS A MEMBER OF THE COURT-MARTIAL.

IF ANY MEMBER OF THE COURT-MARTIAL IS CHALLENGED FOR CAUSE, THE

GROUNDS FOR THE CHALLENGE SHOULD BE SUMMARIZED. IN ADDITION,

ALL INDIVIDUAL VOIR DIRE SHOULD BE SUMMARIZED IN THE RECORD.

VOIR DIRE/CHALLENGE OF MEMBERS

26 The trial counsel, defense counsel, and military judge conducted general voir dire of all the court-martial members.

27 The trial counsel challenged Chief Warrant Officer Three John P. Jones for cause on the grounds that he was the duty officer at the time the accused returned to military jurisdiction.

28 The military judge sustained the challenge.

SSE [CW3 Jones, the challenged member, was excused by the military judge and withdrew from the courtroom.]

SSE [The members withdrew from the courtroom.]

29 The trial counsel had no further challenges for cause and no peremptory challenge.

30 The trial counsel stated he did not wish to conduct individual voir dire of any member of the court-martial.

31 The defense counsel stated he wished to conduct individual voir dire of Captain O'Brien.

SSE [CPT O'Brien entered the courtroom and was seated.]

SSE INDIVIDUAL VOIR DIRE OF CAPTAIN RICHARD L. O'BRIEN

SSE Questions by the trial counsel:

I am Richard Lee O'Brien, Captain, U.S. Army. I am presently assigned to Headquarters, 12th Infantry Division. I am a member of this court.

SSE Questions by the defense counsel:

I am the division's legal advisor, and as such, I take care of all legal matters for enlisted and officer personnel. I did not act as investigating officer when the blotter report concerning Specialist Quirk came into my office. I simply passed it up the chain. The S-1 conducted the actual investigation into the incident.

SSE [CPT O'Brien withdrew from the courtroom.]

32 Neither side desired to conduct further individual voir dire.

33 The defense counsel challenged Captain Richard L. O'Brien for cause on the grounds that he had acted as investigating officer in the case.

34 The defense counsel presented argument on the challenge.

35 The trial counsel presented argument on the challenge.

36 The military judge denied the challenge of Captain O'Brien.

37 The defense counsel had no further challenges for cause.

38 The defense counsel challenged Captain O'Brien peremptorily.

SSE [The members entered the courtroom and were seated.]

SSE [CPT O'Brien, the challenged member, was excused by the military judge and withdrew from the courtroom.]

NO VOIR DIRE/CHALLENGES MADE

39 Neither the trial counsel nor the defense counsel desired to voir dire or challenge any member of the court for cause or peremptorily.

39a The trial counsel (defense counsel) had no peremptory challenge.

REITERATION OF PLEA/DISTRIBUTION OF FLYER

40 The military judge stated that at an earlier session of this trial, the accused pled as follows:

SSE [The trial counsel distributed copies of the flyer, which was marked as Appellate Exhibit , to the members.]

41 The trial counsel stated that all parties to the trial had been furnished with a copy of the flyer, which was marked as Appellate Exhibit .

NOTE: THE PROSECUTION MAY NOW COMMENCE PRESENTING ITS CASE-IN-CHIEF.

THIS MAY BE ACCOMPLISHED IN A VARIETY OF WAYS. NO MATTER HOW

THE CASE IS PRESENTED, YOU MUST SUMMARIZE IT AS IT HAPPENS. IN

THIS CASE, THE PROSECUTION BEGINS ITS CASE WITH AN OPENING

STATEMENT, FOLLOWED BY A STIPULATION. WITNESSES ARE THEN

CALLED TO TESTIFY.

PROSECUTION'S CASE-IN-CHIEF

42 The trial counsel (made an) (waived) opening statement.

43 The defense counsel (made an) (reserved) opening statement.

ORAL STIPULATION

NOTE: SEE PAGE 13 OF THE MJ ALONE SUMMARIZED FORMAT FOR AN EXAMPLE OF

HOW TO PRESENT AN ORAL STIPULATION. THAT EXAMPLE SHOWS AN ORAL

STIPULATION OF EXPECTED TESTIMONY. THE BELOW EXAMPLE SHOWS HOW

TO SUMMARIZE THE PRESENTING OF A WRITTEN STIPULATION OF FACT

THAT HAS BEEN MARKED AS AN EXHIBIT. BE AWARE THAT BOTH

STIPULATIONS OF FACT AND STIPULATIONS OF EXPECTED TESTIMONY CAN

BE WRITTEN AND WOULD BE SUMMARIZED AS IN BP #44 BELOW. ORAL

STIPULATIONS ARE THOSE NOT REDUCED TO WRITING NOR MARKED AS AN

EXHIBIT - AGAIN, SEE PAGE 13 OF THE MJ ALONE FORMAT FOR AN

EXAMPLE OF THAT.

WRITTEN STIPULATION

44 The trial counsel offered Prosecution Exhibit for identification, a stipulation of fact, into evidence. The military judge ascertained from the accused that he understood the stipulation and consented to its contents and uses. There being no objection by the defense counsel, the military judge thereafter accepted the stipulation and admitted it into evidence as Prosecution Exhibit .

SSE [The trial counsel read Prosecution Exhibit to the court-martial.]

SSE PRIVATE FIRST CLASS ROBERT C. BROWN, U.S. Army, was called as a witness for the prosecution, was sworn, and testified in substance as follows:

SSE DIRECT EXAMINATION

I am Private First Class Robert Clarence Brown, assigned to HHC, 12th Infantry Division, Fort Jones, Georgia. My social security number is 111-22-3333. I know the accused in this case. That's Quirk, sitting over there [pointing to the accused].

Quirk and I were close friends until the beginning of the year, when he went AWOL. He and I went on pass together on 31 December 20(CY-1). While we were gone, Quirk told me that he wasn't coming back, and he was going home for a few days. That's the last time I saw him until the military police brought him back on the 3rd of February.

SSE CROSS-EXAMINATION

I know the accused was brought back to the company by the MPs because I saw them bring him back. I was also in the orderly room when they turned the apprehension papers over to the first sergeant.

Quirk didn't give any reason for his desire to go home. He just said he wanted to go home and not back to the company.

SSE REDIRECT EXAMINATION

I did not go AWOL with Quirk on 1 January 20CY.

QUESTION BY A MEMBER

45 A question by First Lieutenant Burns was marked as Appellate Exhibit I and examined by counsel for both sides. There being no objection, the exhibit was handed to the military judge for questioning.

SSE EXAMINATION BY THE COURT-MARTIAL

SSE Questions by the military judge:

I reported the fact that Quirk planned on leaving the area to my platoon sergeant on the morning of 2 January.

SSE [The witness was duly warned, temporarily excused, and withdrew from the courtroom.]

SSE FIRST LIEUTENANT ROBERT Q. LEWIS, U.S. Army, was called as a witness for the prosecution, was sworn, and testified in substance as follows:

I am Robert Quade Lewis, First Lieutenant, U.S. Army, and I am assigned to the 12th AG Company, Fort Jones, Georgia. My social security number is 212-33-5123.

I am the S-1 responsible for HHC, 12th Infantry Division. I've been in that position for 2 years. My duties include maintaining personnel records pertaining to all members assigned to HHC, 12th

Infantry Division. I maintain copies of all DA Forms 4187 showing changes in duty status of soldiers assigned to HHC, 12th Infantry Division.

I am here at your request, and as you requested, I have brought records concerning certain changes in the duty status of Specialist Phineus R. Quirk. Here they are [handing documents to the trial counsel].

46 The reporter marked the documents as Prosecution Exhibits 1 and 2 for identification.

The direct examination by the trial counsel continued as follows:

[Examining PEs 1 and 2 for ID.] Prosecution Exhibits 1 and 2 for identification are two DA Forms 4187, reflecting a change in duty status for Specialist Quirk from "Present for duty" to "Absent without leave" on 2 January 20CY and "Absent without leave" to "Present for duty" on 3 February 20CY. AR 680-1 requires me to keep these documents, and they came from a file that I maintain pursuant to

AR 680-1.

OFFERING/RECEIVING EXHIBIT

47 The trial counsel offered Prosecution Exhibits 1 and 2 for identification into evidence. There being no objection by the defense counsel, the military judge received Prosecution Exhibits 1 and 2 into evidence, and he gave permission to substitute true copies in the record of trial.

SSE [The witness was temporarily excused and withdrew from the courtroom.]

SSE STAFF SERGEANT RICHARD C. JONES, U.S. Army, was called as a witness for the prosecution, was sworn, and testified in substance as follows:

I am Richard Charles Jones, Staff Sergeant, HHC, 12th Infantry Division, Fort Jones, Georgia, U.S. Army. My social security number is 555-41-4141. I know the accused, Specialist Quirk. He's sitting over there [pointing to the accused].

I am the NCOIC of supply for HHC, 12th Infantry Division. In that capacity, I had direct control over the accused. On 31 December 20(CY-1), I gave the accused some specific instructions. Because of the Christmas holidays, we were on a half-day schedule during that period. The schedule ended on the 31st of December, and I told Specialist Quirk that he was to be at work at 0800, on

2 January. He was not at work at that time, and I reported it to the first sergeant.

I last saw the accused on 31 December 20(CY-1). At that time, he was getting ready to leave for the day. He worked in the morning, and

I came on duty at about 1200. I didn't go with him; I believe he left with PFC Brown, who also works for me in supply.

I didn't say anything else to Specialist Quirk other than what I've already said on direct examination. That was the last time I saw him until the military police brought him back.

The last time I saw the accused, he was leaving the supply room with PFC Brown.

SSE RECROSS-EXAMINATION

The accused was in uniform when I last saw him. He was not carrying a suitcase or package of any type that I can recall. I notified the first sergeant that Quirk was AWOL.

I saw the accused after he was apprehended and returned to the unit, but never to speak to him. He was always in custody after that.

PROSECUTION RESTS

48 The prosecution rested.

49 The defense requested an Article 39(a) session to present a motion.

SSE [The court-martial recessed at 1103, 17 March 20CY.]

ARTICLE 39(a) SESSION

SSE [The Article 39(a) session was called to order at 1105, 17 March

ACCOUNTING FOR THE PARTIES

50 The military judge stated that the session was being held out of the presence of the members of the court-martial and was attended by the military judge, the accused, counsel for both sides, and the reporter.

MOTION

51 The defense counsel made a motion for a finding of not guilty of Charge I and The Specification thereunder on the grounds that the prosecution had failed to establish a prima facie case.

52 The defense counsel presented argument on the motion.

53 The trial counsel presented argument on the motion.

54 The defense counsel presented rebuttal argument on the motion.

55 The military judge denied the motion for a finding of not guilty of Charge I and The Specification thereunder.

56 The defense had no further motions to present.

SSE [The Article 39(a) session recessed at 1140, 17 March 20CY.]

SSE [The court-martial was called to order at 1145, 17 March 20CY.]

57 The trial counsel stated that all parties, the members, and the military judge were again present.

58 The military judge stated that before the defense commenced its case, the court-martial would recess for a 2-hour lunch break.

SSE [The court-martial recessed at 1147, 17 March 20CY.]

SSE [The court-martial was called to order at 1415, 17 March 20CY.]

59 The trial counsel stated that all parties, the members, and the military judge were again present.

DEFENSE'S CASE-IN-REPLY

60 The defense counsel (made an) (waived) opening statement.

SS…