Court-Martial Trial Practice Blog
Background on the DP (courtesy of CAAFLog):
Since the military death penalty was reinstated in 1984, there have
been 15 known military death sentences. Two were set aside in the
initial CA's action. Eight have been set aside on direct appeal. In
three of those cases, retrials or resentencing proceedings are still in
their very early stages. In the four military capital cases where the
initial sentence was reversed and the case is now complete, the death
sentence wasn't reinstated in any of them (Dock, Curtis, Simoy,
Thomas). Assuming that nothing happens before sentencing to interfere
with yesterday's pleas, Kreutzer will become the fifth former military
death row inmate to have his death sentence replaced with a non-capital
sentence
been 15 known military death sentences. Two were set aside in the
initial CA's action. Eight have been set aside on direct appeal. In
three of those cases, retrials or resentencing proceedings are still in
their very early stages. In the four military capital cases where the
initial sentence was reversed and the case is now complete, the death
sentence wasn't reinstated in any of them (Dock, Curtis, Simoy,
Thomas). Assuming that nothing happens before sentencing to interfere
with yesterday's pleas, Kreutzer will become the fifth former military
death row inmate to have his death sentence replaced with a non-capital
sentence
And Gray's death sentence is the one remaining approved.
It appears that the statement, "prosecutors will try to persuade Parrish to raise the aggravated assault charges to attempted premeditated murder charges," means that the prosecution will attempt to prove the greater of some offenses to which Kreutzer plead guilty to an LIO. This now makes sense. An accused, with or without, a pretrial agreement can plead guilty to a lesser included offense. The prosecution then has the option of accepting the plea as sufficient, or seeking to prove the greater offense with the likely enhanced punishment.
tip: CAAFLog.