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Saturday, October 30, 2004

Court-martial for Army deserter Jenkins begins Monday
D. Wes Rist at 5:32 PM ET

[JURIST] US Army Sgt. Charles Robert Jenkins is scheduled to face court-martial Monday on one charge of desertion, two counts of soliciting other service members to desert, one of aiding the enemy and two of encouraging disloyalty. Rumors of a plea bargain have been circulating, with the terms being proposed as no jail time in exchange for a guilty plea. The US military rarely invokes imprisonment for peacetime desertions, and the last execution for a wartime desertion was carried out in January of 1945. Jenkins' case is unusual in that there is no settled military law on whether the US was still at war when he deserted from his post along the Demilitarized Zone in South Korea in 1965. The cessation of hostilities in Korea in 1953 was never enforced with an official peace treaty, leaving the question up in the air. Army Judge Advocate General officals have said that the decision lies with the Commanding Authority, Col. Denise Vowell. JURIST's Paper Chase has background on Jenkins' arrest. NC Wire has more.






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