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Preliminary Actions for Trial Counsel
- Receive / review investigation (MP/CID, etc).
- Detail a 27D to the case.
- Check with Command on pretrial restraint/conditions on liberty/counsel.
- Request SMIF/ unit file / 2A and 2-1.
- Request OMPF.
- Notify MILPO to flag the soldier.
- Look for previous convictions.
- Interview witnesses / visit crime scene.Consider depositions, as necessary.
- Request admin hold on witnesses.
- Inspect evidence.
- Brainstorm for additional evidence. Friends, teachers, neighbors, relatives, soldiers in command.
- Begin formulating:
- Theories of admissibility for evidence.
- Case theme (means, motive, opportunity)
- Closing argument.
- Sentencing argument.
- Anticipate defense arguments.
- Coordinate with Co, Bn and Bde on appropriate level of disposition.
- Obtain personal data for Charge Sheet on the accused.
- Cross-checked with 2A and 2-1 for accuracy.
- Double-checked for jurisdiction over the soldier.
- Draft charges and endorsements.
- Check charges and specs against sample specs in BB.
- Check for jurisdiction over the offense and the soldier.
- Requested / obtained Art 32 Officer from Adjutant.
- Draft witness list for Art 32
- Prepare disclosure of Accused statements learned about through interviews.
- Prepare pre-trial SJA memo
- Run charges / endorsements / 32 appointment memo through STC, CMJ. Compile preferral packet (inside cover-charge sheet; front 1st flaptransmittal docs; front 2d flap-pretrial SJA memo; back 2d flap-allied papers.)
- Checked charges and specs against sample specs in MCM.
- Coordinate with Accuser for date/time for preferral of charges.
- Coordinate with SCMCA and SPCMCA for date /time of forwarding
endorsements. (Same day as preferral).
- Coordinate with TDS for appointment of DC.
- Prepare preferral packet (everything we have to this point). Not mandated by disclosure.