Court-Martial Trial Practice Blog
This is the headline of an article by John Ramsey in the Fayetteville Observer, 28 September 2009. There are plenty of other articles coming out because of the interest in the case.
An Army sergeant charged with involuntary manslaughter asked this morning for a jury made up of one-third enlisted soldiers.
Sgt. Justin A. Boyle is one of seven soldiers accused of accidentally killing Pfc. Luke Brown last summer after he ran wildly into the woods behind the Ugly Stick Saloon.
Prosecutors also would like to prohibit any testimony about Brown’s use of energy drinks, his prior use of alcohol and his enrollment in an Army substance abuse program.
Boyle’s lawyers are likely to argue that energy drinks and alcohol may have contributed to stopping Brown’s heart.
[This is correct, there is plenty of research on the adverse effects of combining energy drinks such as Red Bull or Rockstr with alcohol, although usually it’s mixed with vodka. Even Dr. Pappas of the AF Drug Testing Lab will tell you that. The adverse effects are why some countries and some states ban bars selling such a mixed drink.]
Brockington said he wouldn’t prevent defense lawyers from cross-examining experts about alcohol use and energy drinks, but will rule later whether the substance abuse program can be mentioned in front of the jury.