eugene fidell, what would you add? would you add anything to the difficulties for the prosecution, particularly, of course, with all this being so far away? >> yes, it's a long distance away, and i think the crime scene is probably pretty chaotic, more chaotic than most detectives in the u.s. would prefer. but whether evidence has been successfully gathered or still can be successfully gathered remains to be seen. i mean, it's possible there may be exhumations, although i think that's problematic under islamic law, and it's possible there may be eyewitnesses whose testimony will prove these charges would you want the necessity for exhumation or d.n.a. evidence or some of the high-tech things that professor solice has referred to. i think this is going to be tough for the government. >> brown: eugene fidell, take a look at the defense now. and, clearly, what we hear is that they'll be focusing on the mental state of robert bales, such issues as impact on memory loss, for example. >> well, memory loss does not get you of

joining from us new haven, connecticut, is eugene fidel, teaches military justice at yale. >> good morning what happens next, legally speaking? >> well, two things are going to happen. one is there's going to be a continuing investigation by military investigators to gather evidence. that's going to be a quite a challenge because it's going to take place in afghanistan, and lord knows what the impediments are going to be today. so that's got to be proceeding. at the same time, there are going to be some initial steps in the military justice process in the next few days that's going to be pretrial confinement review hearing to confirm that staff sergeant bales should continue to be in pretrial confinement at ft. leavenworth and the first steps will eventually have to be taken to confine an article 32 investigation, and that's the prelude to a general court-marti court-martial, assuming the case proceeds, unfolds that way. >> as whit johnson just laid it out, staff sergeant bales is being painted as a wonderful soldier, somebody who's been decorated as a soldier, an individual who may even h

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