Ex-intelligence analyst cleared of one charge, but may face others
April 16, 2003
WüRZBURG, Germany — Army prosecutors promised a simple case against Sgt. Keith Brevard, who appeared before a court-martial panel Monday and Tuesday on charges that he faked his own separation.
After just an hour of deliberation, an eight-member military jury of officers and senior enlisted soldiers returned a not guilty verdict clearing the intelligence analyst of wrongdoing.
But Brevard’s marathon legal saga is not over.
After waiting more than year and half for his day in court — including 407 days in pretrial confinement after voluntarily turning himself in when questions were raised about his honorable discharge three months earlier — Brevard could now face another trial on charges that he stole government property.
1st Infantry Division prosecutors say they plan to move forward now on charges that Brevard stole thousands of dollars worth of government computers while deployed to Sarajevo in Bosnia and Herzegovina in 2001.
A preliminary hearing is slated for April 29.
Brevard’s defense team, however, questions whether continued prosecution by the Army is even legal.
“This finding,” said attorney David Court, shortly after Brevard was acquitted Tuesday afternoon, “shows that Sgt. Brevard properly exited the service on 11 Aug 2001 and should no longer be subject to the Uniform Code of Military Justice.”
Vague rules on exactly when a soldier is no longer a soldier, however, may allow prosecutors to continue their case against Brevard.
Some argue that even after completing an enlistment contract and receiving a discharge that soldiers still remain under military purview until they receive their final paycheck from the Defense Department.