looks like chinese-muslim-american yee is still not guilty of any charges; his due process rights under military law have been violated again and again and again and again...:
ArmyTimes.com
March 9, 2004
Muslim Chaplain's Article 32 Hearing Delayed Again
By Jane McHugh, Times staff writer
Capt. James Yee’s Article 32 hearing on allegations that the Muslim chaplain at the detention facilities at Guantanamo Bay Naval Station, Cuba, had mishandled classified documents and held an extramarital affair has been postponed yet again.
Tuesday’s postponement of the hearing, being held to determine whether enough evidence exists to send the case to court-martial, was at least the fifth.
Yee was arrested in September and thrown in a maximum security brig amid suspicions of espionage linked to the alleged terrorists being held at the Camp Delta detention center.
Yee later was freed with only lesser charges of mishandling classified material filed against him. His attorney, Eugene Fidell, insists the material wasn’t classified. Federal agents seized the material when stepped off a plane and was arrested in Jacksonville, Fla., after a flight from Guantanamo Bay. In earlier proceedings, the agents described the seized materials as papers and compact discs but did not elaborate on their contents.
Yee’s Article 32, or preliminary, hearing started in December with testimony that he committed adultery with a female Navy officer and downloaded pornography onto his Army-issued computer. But it was abruptly halted in December to give prosecutors more time to review the seized material. Since then, it’s been postponed several times.
The hearing is scheduled to resume March 24 at Fort Benning, Ga.
Meanwhile, Yee has newly been assigned to chaplain duties at Fort Meade, Md., said Army Lt. Col. Bill Costello, a spokesman for U.S. Southern Command in Miami. Southcom has jurisdiction over Guantanamo.
In a telephone interview March 9, Fidell said there’s nothing to the charges and that the Army owes Yee an apology.
“I sincerely hope someone is figuring out a graceful way to kill this case dead,” he said.
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