Court Martial Trial Underway

Sgt. 1st Class Timothy L. Drake is on trial for the alleged beating and an attempted cover-up of an Iraqi detainee. Will this court martial be fair? The military veteran stationed at Fort Lee Army base has already had the most serious charge dropped.

According to the Huffington Post Col. Stephen R. Henley, the judge of this trial, has already dismissed of a charge that Drake caused "grievous bodily injury" when he hit a detainee in the head with a baseball bat. The judge stated that there was no evidence that blow fractured the detainee's skull as the government had alleged. That dismissal has saved Drake a possible 21 1/2 years to 16 1/2 years term in military jail. The main witness against Drake is Spc. Angel M. Bonilla. Bonilla has already been sentenced in his part of the crimes. The case hinges on if Drake did assualt an Iraqi detainee at Forward Operating Base Mercury near the Iraqi town of Fallujah in December 2003. He stands accused of a beating that used a baseball bat to the injured man's abdomen, hip and head and also kicking the detainee in the head. Bonilla has said that Drake pressured him to strike another detainee with the bat. Bonilla was sentenced late last year for giving false statements to officials and assault consummated by battery. His sentence was four months' confinement, suspended after 90 days, and his rank was reduced from sergeant. The civilian attorney that is representing Drake is Michael Waddington. He has raised questions concerning the credibility of Bonilla as a witness.

"He will do whatever it takes to help them get Sgt. Drake," Waddington said.

Bonilla is alleged to have gotten a softer sentence for his testimony with the Drake case. The case is being heard by a panel of two Army officers and four enlisted members.