Bocanegra, an Army spokesperson, emphasized that "Maj. Since the investigation remains ongoing, if more charges are added, another Article 32 hearing will be convened on the new specifications. Experts and advocates who work with survivors, tell CBS News they anticipate more alleged victims could still come forward. Seventeen more accusers were included in additional charges brought by the government last month. The Army has not made the charging sheet publicly available, but Army officials have confirmed to CBS News that Stockin faces charges of abusive sexual contact and indecent viewing in violation of military law. The report concluded that Article 32 hearings have not provided "a meaningful screening mechanism for preferred charges and are failing to effectively inform the referral decision," and it called for congressional intervention to fix "systemic problems" in the criminal pretrial process. The Article 32 process has been scrutinized in recent years for functioning as a "rubber stamp." In a June 2023 report, the Defense Advisory Committee on Sexual Assault in the Military found that the military had even been sending sexual assault cases to court martial after a hearing officer found no probable cause. "There can be a benefit to having the accused sitting there hearing victim after victim after victim say 'this guy did this to me.'" Don Christenson, a former chief prosecutor for the Air Force and Air Force judge. "I think it's a missed opportunity," said retired Col. Others, however, argue that it should not be as uncommon for victims to testify at the hearings, pointing out the merit of establishing the evidence on the record. "In lieu of testimony from victims and other witnesses, a prosecutor might submit alternative forms of evidence, such as recorded or written statements to law enforcement, for the preliminary hearing officer's consideration." "Inconsistencies in that testimony may be fodder for cross examination at trial," says Tokash, a member of the defense secretary's 2021 Independent Review Commission on Sexual Assault in the Military. And my clients are very much looking forward to that day."įormer Army special victim prosecutor Meghan Tokash explained that there are several reasons why it has become uncommon for law enforcement or victims to testify at these preliminary hearings, including that testimony at an Article 32 is taken under oath. "The time for discovery and cross examination will come," Guilds said in a statement. Ryan Guilds, an attorney representing several of Stockin's accusers in the criminal matter, disputed the defense's claim that the alleged victims had "refused" to testify at the hearing, noting that they were not contacted to do so, and that having accusers take the witness stand at this stage is atypical. In military procedure, the accused party is charged before a preliminary hearing is held to determine probable cause. The hearing is akin to a grand jury process in civilian courts in which prosecutors are required to show probable cause, however the process differs procedurally. The Article 32 hearing had been scheduled to take place on Joint Base Lewis McChord, in Washington state, last Thursday. Typically, they testify during the court martial. Alleged victims have a statutory right not to testify at preliminary hearings, and given changes to the process in the last decade, it has become rare for them to do so. The Army declined to respond to the defense's claims, citing the ongoing investigation. He added, "The government initially refused to produce as witnesses the law enforcement agents who conducted this witch hunt against Major Stockin, claiming that those witnesses were not relevant." And Capovilla said he believes the government intended to "ambush" his client with information about more accusers at the hearing. Robert Capovilla, an attorney for Stockin, said his client opted out of the preliminary hearing because "each alleged victim refused to testify about the facts of this case and answer the Defense team's questions." If the hearing officer agrees there is probable cause, the case is referred to the commander who determines whether the case will go to court martial. The Article 32 preliminary hearing, which an accused party is allowed to waive, provides a chance for prosecutors to showcase evidence that supports the charges.
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