Spc. Agustin Aguayo's court-martial set for March 6th

By Kevin Dougherty , Stars and Stripes
Mideast edition, Friday, January 26, 2007

Wurzburg, Germany — The military judge presiding over the court-martial proceedings Thursday of an Army medic who went absent without leave to avoid a second tour to Iraq set the soldier’s trial date for early March.

Barring any delays, the general court-martial of Spc. Agustin Aguayo will convene March 6 in Wurzburg. Aguayo, a medic with the 1st Battalion, 18th Infantry Regiment, 2nd Brigade, 1st Infantry Division, has been charged with desertion and missing movement.

The trial date and other matters were discussed Thursday morning (January 25) at an arraignment hearing presided over by Col. R. Peter Masterton. In typical fashion the session was brief, and questions regarding the defendant’s plea and desired forum — bench or jury — were deferred until later.

“It’s normal to defer,” said David Court , a civilian attorney representing Aguayo. “It gives us more flexibility.”

Masterton asked the defense to enter a plea no later than Feb. 2. A list of defense witnesses and any defense motions also must be filed with the court by then, the judge said. Prosecutors will have a few days to respond prior to the next pretrial hearing, scheduled for Feb. 8.

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