Slatten Retrial Recap: Week 2

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This week's recap features a day by day breakdown of what has happened 

 

Monday, June 25

  • Voir Dire AM/PM                                                                                            

    • AM-20 possible jurors questioned (7 selected for challenge pool)
    • PM-20 possible jurors questioned (7 selected for challenge pool)
  • Motions/Orders Filed

    • DEFENDANT’S OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE TO PRECLUDE DEFENDANT’S PROFFERED EXPERT TESTIMONY: Read it HERE
    • DEFENDANT’S RESPONSE TO GOVERNMENT’S MOTION IN LIMINE TO INTRODUCE PRIOR TRIAL STIPULATIONS: Read it HERE
    • DEFENDANT’S MOTION IN LIMINE TO PRECLUDE IMPROPER ARGUMENTS IN GOVERNMENT’S OPENING STATEMENTRead it HERE

 


Tuesday, June 26

  • Voir Dire Am/PM

    • AM-20 possible jurors questioned (7 selected for challenge pool)
    • PM-20 possible jurors questioned (9 selected for challenge pool)
  • Motions/Orders Filed

    • JUDGE’S ORDER of Denial for Deposition of AK-47 Expert: Read it HERE
    • JUDGE'S ORDER of Denial for Release during Trial: Read it HERE

Wednesday, June 27

  • Voir Dire  -AM

    • 13 possible jurors questioned (9 selected for challenge pool) 
  • Final selection/seating of the Jury - PM

    •  16 total (12 on jury/4 alternates) 
    • Information pertaining to the jury, obtained from Voir Dire Sessions: Read it HERE
  • Motions/Orders Filed

    • DEFENDANT’S SUPPLEMENT TO PROPOSED PRELIMINARY JURY INSTRUCTIONS: Read it HERE
    • DEFENDANT’S NOTICE OF OBJECTION TO TESTIMONY OF DAVID BOSLEGO, MAJED SALMAN AL-GHARBAWI, AND SABAH SALAH ABDUL RAHMAN: Read it HERE 
    • JUDGE’S ORDER of partial Denial and partial Granting of motion pertaining to Matthew Murphy's testimony: Read it HERE 
    • JUDGE'S ORDER of Denial to Defense's motion pertaining to Government's Opening Statement regarding No Insurgency in Square : Read it HERE

Thursday, June 28

Trial Day 1-Opening Statements

The government presented a FALSE and circuitous road to conviction. In an attempt to (falsely) establish that Nick shot first and committed premeditated murder, the government told the jury it intends to primarily rely on:

1. the constantly changing testimony of Matthew Murphy regarding the first sounds he heard in the Square;

2. the mischaracterization of testimony from Jimmy Watson, who has always said that he heard other shots before he heard Nick shoot;

3. the mischaracterization of testimony from Jeremy Ridgeway, who has always said that he SAW Paul shoot first and that Nick told Ridgeway he engaged an active shooter (i.e., not the Kia’s driver);

4. the gross mischaracterization of testimony from Edward Randall, including going so far as to say that Randall identified Nick as the first shooter by not identifying Paul.

In contrast, Nick’s defense team took the jury directly across the street to the truth:

FOUR EYEWITNESSES—including two Iraqis—saw Paul fire the first shots. One of those people, Paul himself, has admitted in great detail to exactly what he did and explained (in several statements) why those shots were a necessary and authorized use of force under the circumstances. Here is an excerpt of one of the many times Paul told the truth:

As our motorcade pulled into the intersection I noticed a white four door sedan driving directly at our motorcade from the westbound lane. I and others were yelling, and using hand signals for the car to stop and the driver looked directly at me and kept moving toward our motorcade. Fearing for my life and the lives of my teammates, I engaged the driver and stopped the threat.”

 You can find the link to the full statement HERE.

The jury seemed attentive and began taking notes when the defense guided them through all the things that the government had left out of its false narrative.


Friday, June 29

Trial Day 2

The government continued with direct examination of a witness and cross examination was to follow, however due to the following sequence of events, open court was concluded for the day and scheduled to reconvene on Monday, July 2.

During a short 10 minute recess, a juror learned of an ailing family member. (Please be in prayer for that family). The judge excused the juror for the remainder of the day and stated he did not want to fully dismiss a juror this early in the trial. He then dismissed the entire jury for the day and told them they would reconvene on Monday.

In the midst of the jury dismissal an interesting turn of events began to unfold...

During the direct examination of a government witness (before the recess), it appeared that Nick’s Kastigar Protection had been violated.

Summary:

When the trial stopped, the prosecution was leading U.S. Army Col. Boslego down the road of bashing the State Dept’s investigation. He was a very willing participant, although he’d been excluded from the investigation and clearly couldn’t know what went on behind the scenes beyond what he actually saw State do out at the Square when he went out there with them. Besides all the DOS bashing, we learned that he spent 25 minutes walking around in the road at Nisur Square 40 minutes after the incident. He found no evidence of insurgency and claimed that everyone appeared to be calm. To try and take the sting out of the AK brass found at the scene (that the Col. didn’t see during his walkabout because it wasn’t in the road), the prosecution asked him if he’d seen the casings whether that would have changed his mind. He said no, they were embedded in the ground, which is like concrete, so they’d been there for months.

The picture below is an exact copy of what he was looking at, which clearly shows they were NOT embedded into the ground!

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A sealed hearing was held regarding the possible Kastigar violation, and we hope to be able to share some good news about this issue in next week's recap. Nick remains in good spirits, thankful for the opportunity to clear his name, and hopeful that revelations of additional rights violations and government bad conduct will ultimately help clear the names of Dustin, Paul, and Evan.

Here are links to motions filed over the previous weekend, which are referenced to Order's provided above:

DEFENDANT’S SECOND MOTION TO COMPEL PRODUCTION OF REVISED SUMMARIES OF CLASSIFIED INFORMATION OR, IN THE ALTERNATIVE, TO DISMISS THE INDICTMENT: Read it HERE

DEFENDANT’S MOTION TO COMPEL PRODUCTION OF KASTIGAR INDEX: Read it HERE


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