U.S. v. Satterley, 55 M.J. 168

Trial Stages: Sentence and Punishment: Unsworn Statements

1. there may be other circumstances beyond legitimate surrebuttal which may warrant an additional unsworn statement; whether such circumstances exist in a particular case is a matter properly imparted to the sound discretion of the military judge
2. where court members asked questions concerning the disposition of certain stolen property after appellant had completed an unsworn statement, the military judge did not abuse his discretion in refusing to allow appellant to make an additional limited statement, not sworn under oath or subject to cross-examination, to answer the questions: (1) appellant had already exercised his right to make an unsworn statement and elected not to particularly disclose the whereabouts of the stolen property; (2) appellant also had rested his case, both sides had made closing arguments, and the military judge had given final instructions to the court-martial panel members; (3) the military judge gave protective instructions that the requested information was not available and no adverse inference could be drawn against appellant; (4) whether the four computers were placed in off-base dumpsters, as asserted by appellant in his post-trial affidavit, raised a question of fact that could have been disputed by the prosecution, thus belatedly protracting this litigation; and (5) the military judge offered appellant reasonable alternatives [stipulation or sworn testimony] to promptly evidence the whereabouts of the stolen property