Fort Carson – Attorneys for an Army officer accused of killing an Iraqi general during an interrogation called for a mistrial today after a witness recalled the defendant telling him he had been advised by an attorney not to talk about the death.
The judge immediately halted the court-martial of Chief Warrant Officer Lewis Welshofer Jr. after the testimony from William Hughes, a special agent of the Army’s Criminal Investigation Division.
Defense attorney Frank Spinner said the comment could unfairly lead jurors to conclude his client is guilty simply because he had invoked his right to counsel. Hughes has 14 years of military legal experience and “should have known better” than to make the comment in front of the jury, Spinner said.
“I believe this is an error of constitutional magnitude. I believe it justifies a declaration of a mistrial,” he said.
The judge, Col. Mark Toole, did not immediately make a decision on the mistrial request.
