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Article 32 Hearing Next for Kuwait C-130 Mishap Pilot

SCOTT AIR FORCE BASE, ILL (USTCNS) The special court-martial convening authority has determined an investigating officer should be appointed and an Article 32 hearing under the Uniform Code of Military Justice should be held to investigate the charges that were preferred against Capt. Darron A. Haughn on July 17.

Brig. Gen. Paul J. Fletcher, 314th Airlift Wing commander, decided today that the charges of dereliction of duty and negligent homicide preferred against Haughn for his role in the fatal C-130E aircraft accident Dec. 10, 1999 at Ahmed Al Jaber Air Base, Kuwait, warranted an investigation under Article 32. Further, he appointed Lt. Col. Gregory E. Pavlik, USAF Trial Judiciary Central Circuit, as the investigating officer.

According to Capt. Jeff Glenn, Air Mobility Command spokesman, "An Article 32 hearing is similar to the civilian preliminary hearing and grand jury process. The purpose of the hearing is to inquire into the truth of the matters set forth in the charges, consider the form of the charges, and make recommendations as to the disposition of the case in the interest of justice and discipline. Unlike civilian grand jury proceedings though, an Article 32 hearing affords Captain Haughn an opportunity to see the evidence against him, cross examine
witnesses, and present any witnesses or evidence he deems important for consideration. Throughout the proceedings, Captain Haughn has the right to be present and represented by counsel."

A specific date for the Article 32 hearing, which will be held at Little Rock Air Force Base, Ark., has not been set.
The hearing date will be set based upon consultations with Haughn's defense counsel, Pavlik and government representative.

At the conclusion of the judicial investigation, Pavlik investigating officer will recommend a course of action to Fletcher. After considering the report and recommendations, Fletcher will make a decision concerning whether the charges against Haughn will be dismissed, addressed through action short of court martial, sent to a special court martial or forwarded to Maj. Gen. John D. Hopper, the 21st Air Force commander, for general court martial consideration. Hopper is the general court martial convening authority for the case.

It should be emphasized the charges are merely accusations at this point. Under the UCMJ, Haughn is presumed innocent until proven guilty beyond a reasonable doubt. (FROM AIR MOBILITY COMMAND PUBLIC AFFAIRS).

Office of Public Affairs - transcom-pa@mail.mil
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