A preliminary hearing is scheduled for June 11 in the court martial of Lt. Col. Terrence Lakin, the Birther Army doctor who refused to obey orders, the group representing him announced today.
Charges were brought against Lakin April 22, and a commanding officer appointed of what is known as an Article 32 pre-trial investigation, which has similarities to a grand jury investigation in a civilian case.
The Article 32 hearing will be on the morning of June 11 at Walter Reed Army Medical Center, where Lakin is based, the American Patriot Foundation said in a press release.
According to the Navy JAG website, an Article 32 hearing typically involves an airing of evidence and examination and cross-examination of witnesses:
An investigative hearing is scheduled as soon as reasonably possible after the investigating officer’s appointment. The hearing is normally attended by the investigating officer, the accused and the defense counsel. The commander will ordinarily detail counsel to represent the United States, and in some cases a court reporter and an interpreter. Ordinarily, this investigative hearing is open to the public and the media.
The investigating officer will, generally, review all non-testimonial evidence and then proceed to examination of witnesses. Except for a limited set of rules on privileges, interrogation, and the rape-shield rule, the military rules of evidence (which are similar to the federal rules of evidence) do not apply at this investigative hearing. This does not mean, however, that the investigating officer ignores evidentiary issues. The investigating officer will comment on all evidentiary issues that are critical to a case’s disposition. All testimony is taken under oath or affirmation, except that an accused may make an unsworn statement.
A report on the hearing is prepared and sent to a commander who then decides on disposition of the case.
