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Soldier's lawyer plans trip to Afghanistan - Seattle Post Intelligencer

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Soldier's lawyer plans trip to Afghanistan JOHN MILBURN, Associated PressCopyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.JOHN MILBURN, Associated Press Updated 05:34?p.m., Tuesday, March 20, 2012

View: Larger | Hide In this Aug. 23, 2011 Defense Video & Imagery Distribution System photo, Staff Sgt. Robert Bales, 1st platoon sergeant, Blackhorse Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division participates in an exercise at the National Training Center at Fort Irwin, Calif. A senior U.S. official, Friday March 16, 2012 identified Bales as the man accused of killing 16 civilians in an attack on Afghan villagers five days ago. Photo: DVIDS, Spc. Ryan Hallock / AP In this Aug. 23, 2011 Defense Video & Imagery Distribution System photo, Staff Sgt. Robert Bales, 1st platoon sergeant, Blackhorse Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division participates in an exercise at the National Training Center at Fort Irwin, Calif. A senior U.S. official, Friday March 16, 2012 identified Bales as the man accused of killing 16 civilians in an attack on Afghan villagers five days ago.Photo: DVIDS, Spc. Ryan Hallock/ APIn this Aug. 23, 2011 Defense Video & Imagery Distribution System... This undated photo released by Fort Leavenworth Public Affairs shows the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members. Photo: Fort Leavenworth Public Affairs / AP This undated photo released by Fort Leavenworth Public Affairs shows the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members.Photo: Fort Leavenworth Public Affairs/ APThis undated photo released by Fort Leavenworth Public Affairs... This undated photo released by Fort Leavenworth Public Affairs shows the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members. Photo: Fort Leavenworth Public Affairs / AP This undated photo released by Fort Leavenworth Public Affairs shows the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members.Photo: Fort Leavenworth Public Affairs/ APThis undated photo released by Fort Leavenworth Public Affairs... This Cincinnati Enquirer newspaper clipping provided by Steve Berling, shows Norwood High School football teammates from left, Berling, Scott Marcum, Marc Edwards and Robert Bales, posing for a photo during the 1990-91 school year, in Cincinnati. Bales is the Army soldier accused of gunning down 16 Afghan women and children in a nighttime rampage in Afghanistan. MANDATORY CREDIT; Photo: The Cincinnati Enquirer / AP This Cincinnati Enquirer newspaper clipping provided by Steve Berling, shows Norwood High School football teammates from left, Berling, Scott Marcum, Marc Edwards and Robert Bales, posing for a photo during the 1990-91 school year, in Cincinnati. Bales is the Army soldier accused of gunning down 16 Afghan women and children in a nighttime rampage in Afghanistan. MANDATORY CREDIT;Photo: The Cincinnati Enquirer/ APThis Cincinnati Enquirer newspaper clipping provided by Steve... A white van, believed to be transporting Staff Sgt. Robert Bales, leaves Kansas City International Airport Friday, March 16, 2012, in Kansas City, Mo. Bales is is accused of gunning down 16 Afghan women and children. Photo: Ed Zurga / AP A white van, believed to be transporting Staff Sgt. Robert Bales, leaves Kansas City International Airport Friday, March 16, 2012, in Kansas City, Mo. Bales is is accused of gunning down 16 Afghan women and children.Photo: Ed Zurga/ APA white van, believed to be transporting Staff Sgt. Robert Bales,... FILE - In this Sunday, March 11, 2012 file photo, men stand next to blood stains and charred remains inside a home where witnesses say Afghans were killed by a U.S. soldier in Panjwai, Kandahar province south of Kabul, Afghanistan, Sunday, March 11, 2012. U.S. investigators have determined that the suspect had been drinking alcohol prior to leaving the base the night of the attack, a senior U.S. defense official said Friday. How much of a role alcohol played in the attack is still under investigation, said the official, speaking on condition of anonymity because charges have not yet been filed. Photo: Allauddin Khan / AP FILE - In this Sunday, March 11, 2012 file photo, men stand next to blood stains and charred remains inside a home where witnesses say Afghans were killed by a U.S. soldier in Panjwai, Kandahar province south of Kabul, Afghanistan, Sunday, March 11, 2012. U.S. investigators have determined that the suspect had been drinking alcohol prior to leaving the base the night of the attack, a senior U.S. defense official said Friday. How much of a role alcohol played in the attack is still under investigation, said the official, speaking on condition of anonymity because charges have not yet been filed.Photo: Allauddin Khan/ APFILE - In this Sunday, March 11, 2012 file photo, men stand next to... Rebecca Steed, Public Affairs spokeswoman for Fort Leavenworth, giving a news conference on the status of Army Staff Sgt. Robert Bales, and that Bales' attorney, John Henry Browne, is on the base, at Leavenworth, Kan., Monday, March 19, 2012. Photo: Reed Hoffmann / AP Rebecca Steed, Public Affairs spokeswoman for Fort Leavenworth, giving a news conference on the status of Army Staff Sgt. Robert Bales, and that Bales' attorney, John Henry Browne, is on the base, at Leavenworth, Kan., Monday, March 19, 2012.Photo: Reed Hoffmann/ APRebecca Steed, Public Affairs spokeswoman for Fort Leavenworth,... A car drives into the main entrance to the U.S. Army's Fort Leavenworth, in Leavenworth, Kan., Monday, March 19, 2012. A Seattle lawyer who is defending an Army staff sergeant suspected of killing 16 Afghans, including nine children, met Monday with the soldier for the first time at Fort Leavenworth, a conversation the attorney described as emotional. Photo: Reed Hoffmann / AP A car drives into the main entrance to the U.S. Army's Fort Leavenworth, in Leavenworth, Kan., Monday, March 19, 2012. A Seattle lawyer who is defending an Army staff sergeant suspected of killing 16 Afghans, including nine children, met Monday with the soldier for the first time at Fort Leavenworth, a conversation the attorney described as emotional.Photo: Reed Hoffmann/ APA car drives into the main entrance to the U.S. Army's Fort... This undated photo released by Fort Leavenworth Public Affairs shows the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members. Photo: Fort Leavenworth Public Affairs / AP This undated photo released by Fort Leavenworth Public Affairs shows the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members.Photo: Fort Leavenworth Public Affairs/ APThis undated photo released by Fort Leavenworth Public Affairs... This undated photo released by Fort Leavenworth Public Affairs shows a gymnasium at the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members. Photo: Fort Leavenworth Public Affairs / AP This undated photo released by Fort Leavenworth Public Affairs shows a gymnasium at the Joint Regional Correctional Facility (JRCF) at Fort Leavenworth, Kan. Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children, is held at the JRCF, which is the minimum- and medium-security facility to house military inmates and pre-trial confinement service members.Photo: Fort Leavenworth Public Affairs/ APThis undated photo released by Fort Leavenworth Public Affairs... This 2003 photo provided by the NFL shows Jacksonville Jaguars NFL player Marc Edwards. The former NFL player who played high school football with an Army sergeant suspected of slaughtering 16 Afghan villagers says the killings have caused him great concern for his former teammate. In a statement Tuesday, March 20, 2012, Marc Edwards calls Robert Bales This 2003 photo provided by the NFL shows Jacksonville Jaguars NFL player Marc Edwards. The former NFL player who played high school football with an Army sergeant suspected of slaughtering 16 Afghan villagers says the killings have caused him great concern for his former teammate. In a statement Tuesday, March 20, 2012, Marc Edwards calls Robert Bales "one of my oldest and best friends." Edwards and Bales played on the same high school football team in the early 1990s in a Cincinnati suburb.Photo: NFL Photos/ APThis 2003 photo provided by the NFL shows Jacksonville Jaguars NFL...

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Font globeDownload the seattlepi.com mobile apps for iPhone and Android. Follow us on Facebook and Twitter. Page 1 of 1 FORT LEAVENWORTH, Kan. (AP) — The lawyer for the Army staff sergeant suspected of killing 16 Afghan civilians questioned Tuesday the quality of the evidence against his client and said he planned to travel to Afghanistan to gather his own.

John Henry Browne said he met with Robert Bales for 11 hours over two days at Fort Leavenworth, where his client is being held. He added that there was still a lot he didn't know about the March 11 shootings.

"I don't know about the evidence in this case. I don't know that the government is going to prove much. There's no forensic evidence. There's no confessions," Browne said outside his hotel near the post.

"I'm certainly not saying that we're not taking responsibility for this in the right way, at the right time. But for now, I'm interested in what the evidence is," he said. "It's not like a crime scene in the United States."

Browne said there were legal, social and political issues linked to the case and how it will be prosecuted. "The war's on trial. I'm not putting the war on trial," he said. "I'm not putting the war on trial, but the war is on trial."

Bales, 38, has not been charged yet. Browne expects that he will be charged this week. The killings sparked protests in Afghanistan, endangered relations between the two countries and threatened to upend American policy over the decade-old war.

Browne met with his client behind bars for the first time Monday to begin building a defense.

On Tuesday, Browne described Bales as "a soldier's soldier" who followed orders, including deploying to Afghanistan despite not wanting to go. Bales has been reported to have had financial troubles.

"That doesn't mean anything. Sure, there are financial problems. I have financial problems. Ninety-nine percent of America has financial problem," he said. "You don't go kill women and children because you have financial problems."

Browne has said Bales has a sketchy memory of events from before and after the killings but recalls very little or nothing of the time the military believes he went on a shooting spree through two Afghan villages.

"He has some memories of before the incident and he has some memories of after the incident. In between, very little," Browne said.

Browne said there were potential mental health issues for his client, but that he didn't have expertise to make a qualified judgment. "Dragging parts of bodies around is not something that really you forget very often," he said. "He's in shock."

Also Tuesday, a police report obtained by The News Tribune newspaper in Tacoma, Wash., said Bales was arrested in 2002 in the drunken assault of a casino security guard. The details are at odds with a description of the arrest by Browne, who had said it was an incident involving a woman Bales dated before his wife. An assault charge was dismissed after Bales completed 20 hours of anger management training.

Browne, a Seattle attorney who defended serial killer Ted Bundy and a thief known as the "Barefoot Bandit," has said he has handled three or four military cases. The defense team includes a military defense lawyer, Maj. Thomas Hurley.

After their investigation, military attorneys could present charges to a commander, who then makes a judgment on whether there is probable cause to believe that an offense was committed and that the accused committed it.

That commander then submits the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

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