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v.
John M. ARNOLD, Private First Class
U.S. Army, Appellant
No. 04-0524
Crim. App. No. 20010713
Military Judge:
Patrick J. Parrish
ARMY 20010713 (A. Ct. Crim. App. Mar. 22, 2004) (unpublished).
We granted review to determine whether the evidence admitted to
corroborate Appellants confession was, in fact, independent of
the confession as required by Military Rule of Evidence (M.R.E.)
304(g).3
affirm.
BACKGROUND
Appellant and Private Dominic I. Guisti lived in the same
barracks at Fort Bragg and shared mutual friends.
One evening
was able to obtain the ecstasy pills and gave each of the other
four soldiers one pill.
Appellant
In this statement,
However,
Guisti was
A.
Q.
A.
Yes, maam.
Q.
A.
A.
Q.
A.
. . . .
Q.
A.
Q.
A.
Q.
A.
A.
Q.
A.
Yes.
However,
The principle
However, corroborating
M.R.E. 304(g).
This
United States
If
The military
Guisti
answered, Yes.
If, as the record reflects, Guisti implicated Appellant
prior to the reopening of Appellants Article 32 investigation
on July 16, his subsequent testimony must, at least in part, be
derived independently of Appellants statement, which he read
the day before trial.
As a result, Guistis