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The terms of the plea deal, which still must be approved by Army commanders, were not disclosed. But Holmes’ defense attorney, Daniel Conway, told The Seattle Times his client did not plead guilty to murder or conspiracy to commit murder.
Army spokesman Maj. Chris Ophardt said plea negotiations were taking place Wednesday at Joint Base Lewis-McChord. Holmes, 21, is the youngest of five soldiers from the 5th Brigade, 2nd Infantry Division who were accused of murdering Afghan civilians last year during patrols.
Negotiating a settlement is appealing for Holmes’ defense team because it removes the possibility that he would face a mandatory minimum life sentence if convicted of the murder charge.
He and his family maintain that he’s innocent.
“It’s a huge gamble,” said his mother, Dana Holmes of Boise.
She has attended pretrial hearings for her son and some of his codefendants. She came away critical of the Army’s key witness, Pfc. Jeremy Morlock, who in March pleaded guilty to murdering three Afghan civilians and was sentenced to 24 years in prison.
Morlock claims Holmes joined him in murdering a young Afghan in January 2010 during a patrol. They took photos with the corpse, which later appeared in Rolling Stone and Der Spiegel magazines.
Other soldiers who witnessed the incident described it differently. One has said Morlock was tossing a grenade at the victim even before Holmes joined him in shooting at the Afghan. Holmes’ defense also secured testimony from a forensic pathologist who concluded Holmes’ weapon didn’t cause the Afghan’s death.
“We believe in Andy,” Dana Holmes said. “We’re just glad Andy’s going to finally get his day in court and be able to tell his side of the story.”
A plea deal must be approved by Lewis-McChord senior Army officer Maj. Gen. Lloyd Miles before the court-martial begins.
The Army last year leveled misconduct and war crimes charges against Holmes and 11 platoon mates. Seven have been convicted in court or accepted plea deals.
Adam Ashton: 253-597-8646 adam.ashton@thenewstribune.com blog.thenewstribune.com/military
