AFMC Command News

Trial moves forward with jury selection

  • Published
  • By Lanorris Askew
  • 78th ABW Public Affairs
Senior Airman Andrew Paul Witt, the Robins Air Force Base, Ga., Airman on trial for his life in the double slaying of a fellow Airman and his wife, and the attempted murder of a second Airman, pleaded "not guilty" on all charges Sept. 13 in the Bibb County Federal Courthouse.

Airman Witt is charged with two specifications of premeditated murder, covered under Article 118 of the Uniform Code of Military Justice, for the stabbing deaths of Senior Airman Andrew Schliepsiek and his wife, Jamie, at their on-base residence in the early morning hours of July 5, 2004.

Witt is also charged with one specification of attempted murder, under Article 80 of the UCMJ, for a knife attack on Senior Airman Jason King the same morning.

The accused Airman's plea came as no surprise to those familiar with military law.

According to Col. Jeff Robb, Robins' staff judge advocate, because this is a capital case, not guilty is the only plea the court is authorized to accept. He also said because it's a capital case, finding of guilt must be by unanimous verdict before the death penalty is authorized.

The findings portion of the trial as to guilt or innocence is set to begin no earlier than Sept. 19 with the government presenting its findings to the court.

The defense is slated to begin presenting its case no earlier than Sept. 26. A sentencing phase, if needed, would start no earlier than Oct. 3.

Before accepting the plea and beginning the selection of the court martial panel members who will determine Airman Witt's fate, Col. Thomas Cumbie, chief judge of the Air Force's eastern judicial district, Bolling Air Force Base, Washington D.C., ruled on four prior defense motions.

The rulings, all denied, included motions to suppress Airman Witt's statement to Air Force Office of Special Investigations agents due to a failure to record, to dismiss the case's capital referral due to aggravating factors, improper selection of court members by the convening authority (Maj. Gen. Mike Collings, center commander) due to unlawful command influence, and the exclusion of a duplicate copy of a Houston County 911 Call Center call received July 5 from one of the victim's cell phones.

The trial is expected to last between three and six weeks.

The make up

In addition to his plea and motions rulings, Airman Witt also announced his decision to be tried by a panel of officers only, a choice he is given under the Uniform Code of Military Justice.

According to Colonel Robb, 15 primary members were pre-selected by the convening authority. If none of those members is challenged, all will be seated on the panel. Ten three-person alternate panels have also been selected from Robins as well as Eglin Air Force Base, Fla., to ensure a quorum is met despite possible challenges.

"Because the case has been referred as capital the minimum number of jurors to sit will be twelve," he said. "Jury selection will conclude when a panel of at least 12 is seated."

The panel members are selected based on who is best qualified by age, education, experience, training and judicial temperament.

"Once jury selection is complete, the trial will proceed similarly to any federal criminal case," Colonel Robb said. "Opening statements, presentation of prosecution evidence, defense evidence, rebuttal evidence, closing statement, court instructions to jurors and then deliberations."