Military judge denies ‘code-red’ case appeal

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Military judge denies ‘code-red’ case appeal
Stars and Stripes
European edition, Wednesday, May 7, 2008

A former staff sergeant from the 173rd Airborne Brigade will continue to serve time at the military’s confinement facility in Mannheim, Germany, after losing an appeal for a new trial.

Maj. Gen. Frank Helmick, former commander of the Southern European Task Force (Airborne), decided to let stand a two-year sentence that Stephen Burley received for directing three other soldiers to assault another, underachieving soldier in what is known as a “code red” in January 2007.

Lt. Col. Edward O’Brien, the military judge who presided over the court-martial in May 2007, listened to additional testimony at a hearing in February.

He eventually made a recommendation to Helmick, who reached his decision before giving up command last week, according to Maj. Ryan Dillon, SETAF public affairs officer.

Dillon noted that the case still will be appealed through the military justice system, as are all convictions.


Rest of article at: http://www.stripes.com/article.asp?section=104&article=54599