United States v. Berg

The issue before this Court is the correctness of the military judge’s ruling excluding evidence of an arguably exculpatory polygraph examination. Appellant has twice been convicted of the unpremeditated murder of Petty Officer Heidi Habelt, his live-in girlfriend. Art. 118(2), Uniform Code of Military Justice, 10 USC § 918(2). Habelt died on February 23, 1986, in Mountain View, California, of a gunshot wound to the head. Appellant’s sentence by the military judge to a dishonorable discharge, confinement for 24 years, total forfeitures, and reduction to E-l was approved by the convening…