United States v. Oatney

After having weighed the evidence in the record of trial1 and making allowances for not having personally observed the witnesses, I am not convinced beyond a reasonable doubt of the appellant’s guilt of Charges II and III, obstruction of justice and communicating threats. United States v. Turner, 25 M.J. 324 (C.M.A.1987).

The findings of guilty of these charges rest solely upon the testimony of PFC Glezman, who was in the appellant’s company on 16 January 1992 at the time the appellant assaulted LCpl Bennett by striking him on the back of the head with a pipe. Glezman provided two sworn…