“We could not see how changing [the SOFA] could have avoided the accident,” Rumsfeld said. “Needless to say, the accident … was tragic. I know that Gen. [Leon] LaPorte and the leadership in Korea have taken steps to improve safety and avoid future accidents.”
Rumsfeld’s comments came after a meeting in the Pentagon with South Korean Defense Minister Lee Jun, who was here to discuss not only the SOFA, but also the growing threat posed by North Korea’s nuclear weapons regime.

Rumsfeld told reporters “how profoundly we regret the death of the two Korea girls,” adding that he had delivered the same message to Lee in private.

The SOFA, which defines the legal status of U.S. personnel in South Korea and includes issues such as criminal and civil jurisdiction, has become a hot-button issue in South Korea since June, when two U.S. soldiers driving a 45-ton armored vehicle crushed to death two 13-year-old South Korean girls walking alongside a road.

Under the SOFA, which first was signed in 1966, U.S. officials had primary jurisdiction in the case because Sgt. Mark Walker and Sgt. Fernando Nino were on duty in a military convoy when they struck and killed Shin Hyo-soon and Shim Mi-sun.

In August, U.S. Forces Korea officials announced the decision to retain jurisdiction in the case, despite South Korean Ministry of Justice requests that the United States waive the right to try the soldiers.

Courts-martial last month acquitted both soldiers.

Although the SOFA was revised just two years ago to give South Korea more jurisdiction over U.S. soldiers charged in crimes, the verdict and subsequent wave of protests prompted South Korean President Kim Dae-jung to order his Cabinet to improve the agreement once again.

Rumsfeld said Thursday that Lee “raised the subject in our meeting,” and that the two discussed the issue. But the Rumsfeld did not offer specifics.

Lee, for his part, did not comment on the SOFA at all.

Much of Thursday’s dialogue between the two leaders appeared to have focused on North Korea. Pyongyang recently admitted to acquiring nuclear weapons in violation of international agreements, but yesterday refused to accept international inspections of North Korea’s nuclear weapons capabilities.

“There is no question that the situation in North Korea is very dangerous,” Rumsfeld said. “They have violated several agreements and proceeded on a very dangerous course.”

Rumsfeld confirmed that he and Lee discussed contingency plans on Thursday to deal with North Korea if that country attacks South Korea, although he declined to provide details.

Through a translator, Lee said, “in general, Korea and the U.S. harbor common views with respect to North Korea’s nuclear issue … [which is] a serious problem that threatens peace.”

But the South Korean defense official urged any actions be undertaken only after “close trilateral cooperation” between the United States, Japan and South Korea, and extensive consultation with Japan, Russia and China.

Lee also said he has spoken to Rumsfeld about the Bush administration’s apparent lack of interest in South Korea’s attempts to develop peaceful, cross-border interchanges with North Korea.

Calling the projects vital to “maintaining a dialogue with North Korea,” Lee said, “While we should assert pressure, we should also seek to undertake a harmonious resolution” to tensions between the two states.

USFK spokesman Lt. Col. Michael Caldwell declined to say whether it was released in reaction to the enraged protesters or a Monday incident in which a small U.S. warehouse facility in Seoul was hit with 15 Molotov cocktails.

“This information will help the media to better understand the U.S. military judicial process,” Caldwell said. “In turn, this will help the Korean people better understand our process.”

South Korean protest groups have demanded since the June 13 accident that the soldiers, Sgt. Mark Walker and Sgt. Fernando Nino, be tried in South Korean court. Under the Status of Forces Agreement, however, the U.S. military had primary jurisdiction because Nino and Walker were on duty at the time of the accident.

The two were on a 48-ton armored vehicle moving along an off-base highway as part of a convoy when they crushed Shim Mi-sun and Shin Hyo-soon.

Both Nino and Walker were found innocent in the highly publicized trials.

The U.S. military, expecting a high level of media interest, arranged to have six journalists in the courtroom daily, with the remainder in an overflow room with closed circuit video/audio feeds. Also on hand was a Korean USFK lawyer to explain the procedure to the journalists.

Protesters paraded day and night outside the gates of Camp Casey, where the trial was held. They scuffled with police, threw paint and bricks over the fence and promised to stop the trial. Hundreds of Korean National Police stood guard, taking the brunt of the violence. U.S. soldiers were restricted to base.

As each verdict came down, the protesters reacted with increasing violence and outrage, calling the trials a sham.

The victims’ families, contacted by phone Tuesday, also questioned whether the trials were held merely to appease South Koreans who claim the U.S. military hides its crimes.

Hyo-soon’s father, Shin Hyon-su, said the trial’s outcome was obviously predetermined.

“It doesn’t make sense at all,” he said, referring to the acquittals. “It just went as it was supposed to.”

He said he’s attended several protests.

“I don’t know if the protests can really change anything,” he said. “But with my girl already gone, I just hope there will be no second or third victim like my daughter.”

Nino and Walker released written apologies Wednesday through the public affairs office. I would like to “offer my deepest and most heartfelt condolences to the families of Shim, Mi-Sun and Shin Hyo-Soon, Nino said.

“I realize nothing that I can do or say will bring your daughters back, but I hope that you will accept my deepest apology. Even though it was by accident, I have to live with the anguish of knowing that two individuals died as a result of the accident.”

Walker echoed those statements.

“Even though it was an accident, I feel great remorse over this tragedy,” he said. “I know my mental turmoil is surely nothing compared to your sadness and pain. In my year here in Korea I have really come to love and respect the Korean people. I pray that time will lessen the pain of your loss.”

Army officials said both victims’ families were invited to the trial, but neither accepted.

“It’s unfortunate that Mr. Shin feels that way,” said Lt. Col. Steve Boylan, 8th Army spokesman. “I don’t believe there is anything we could say or do to change the minds of those who … don’t want to listen or accept the facts.

“The trials were conducted fairly and in accordance with the Uniform Code of Military Justice.”

At the Shim household, a woman identifying herself as Mi-sun’s grandmother said she was upset.

“I feel really terrible about the innocent verdict,” the woman said.

“The sorrow we all feel is still very strong,” stated Gen. Leon J. LaPorte, USFK commander. “We again apologize to all of the Korean people, and we can only hope that time will ease the pain in the hearts of the families and friends of Ms. Shim, Mi-Sun and Ms. Shin Hyo-Soon.

“It’s vitally important that the Korean people realize that the trials were not only open, but that the U.S. military judicial system is fair and impartial. USFK did everything we could to make the trials as open as possible to the Korean public. We must now do everything we can to make sure that process is clearly understood.”

According to the news release, a common misconception is that USFK has jurisdiction over every crime committed by base personnel. But according to SOFA rules, the United States has jurisdiction in only two types of offenses:

• Offenses perpetrated by SOFA personnel solely against U.S. property or security or against a SOFA-status victim.
• Offenses committed in the performance of official duty — as was the case with the Walker and Nino accident.

The statement said the arrangement is completely different from the South Korean military justice system, because ROK soldiers are never tried by domestic civilian courts.

If the driver or track commander had been an ROK soldier, including a Korean Augmentee to the U.S. Army, he would have been tried by ROK military court-martial, not the civilian criminal courts. And according to the statement, when South Korea has a SOFA with another country, the Korean military has exclusive jurisdiction over its personnel.

Statement by USFK

Following is the statement in full by U.S. Forces Korea regarding the courts-martial of Sgt. Mark Walker and Sgt. Fernando Nino.

1. U.S. Military courts-martial fact sheet

Judge vs. Jury Panel

• The Uniform Code of Military Justice allows the accused in this type of court-martial to be tried by either a military judge or a panel of military members.

Each soldier chose to be tried by a panel of military members.

Jury Panel Composition

• Panel members are the military equivalent of a civilian jury. In a general court-martial, the minimum number of panel members is five.

Panel members must be active-duty U.S. military members who also are subject to the jurisdiction of the Uniform Code of Military Justice.

Civilians and KATUSAs cannot be panel members because they are not subject to the Uniform Code of Military Justice. Although KATUSAs serve each day in U.S. military units, they are only subject to the South Korean military judicial system.

Jury Panel Selection

• In both trials, five officers and five enlisted soldiers were selected from a pool of potential panel members. Defendants have the right to be tried by a panel, and enlisted soldiers can request that at least one-third of the panel be enlisted soldiers.

Panel members are questioned about their knowledge of the case and other pertinent issues to determine if they will be impartial. The prosecution and the defense can remove potential panel members if their answers make them seem biased towards either the prosecution or defense, but there must be at least five members on the final panel.

Testimony the panel can consider

• Panel members can hear testimony by witnesses regarding the facts. Opinion testimony is substantially limited. For example, a witness cannot testify about something about which he or she lacks personal knowledge. If a witness is qualified as an expert witness, he or she may offer an opinion based on information provided to him or her.

2. Accountability for Accident

• In the U.S. military judicial system, there is a distinction between holding someone “criminally responsible” and being “responsible.”

Two impartial panels heard all the facts, evidence and legal arguments and determined that the individual soldiers were not proven by the prosecution to be criminally negligent beyond a reasonable doubt, the same standard of proof used in South Korean military and civilian courts.

However, the U.S. military in South Korea already has accepted overall responsibility and civil accountability for this accident: The former 8th Army Commander, Lt. Gen. Daniel R. Zanini, immediately apologized the day the accident occurred and ensured the accident was investigated by both ROK and U.S. authorities.

Public apologies were made to the South Korean people by Maj. Gen. Russell Honoré, former 2nd Infantry Division commander; Gen. Leon J. LaPorte, USFK commander; U.S. Ambassador to Korea Thomas Hubbard; Assistant Secretary of State James Kelly, and Secretary of State Colin Powell.

The 2nd Infantry Division Commander, the chief of staff and Sgt. Mark Walker visited the families to personally apologize.

USFK worked to ensure just compensation was paid to the families. Initial solatia (expression of sympathy) payments of one million won (about $800) for each family were made quickly. Both families accepted approximately 195 million won each (about $156,000). USFK paid 75 percent of the final claims for compensation settled under South Korean law and the SOFA on Sept. 11 with the full involvement of ROK claims authorities.

In addition, hundreds of soldiers in the 2nd Infantry Division participated in candlelight vigil to honor the girls.

Soldiers donated more than $22,000 for the two families.

Other private donations totaling more than $30,000 were received to construct a memorial for the two girls.

Two trials were held to allow two impartial jury panels to examine all the evidence and determine whether or not the accident was caused by criminal negligence. The two panels separately found that the soldiers were not proven to be criminally negligent beyond a reasonable doubt.

Adverse administrative actions were taken against other members in the chain of command.

3. USFK Corrective Measures

• USFK has formed a task force with the South Korean Ministry of National Defense, the Ministry of Foreign Affairs and Trade, the Ministry of Construction and Transportation, and the Ministry of Justice.

The task force will improve access to authorized training areas and enable USFK to better understand South Korean perceptions and to examine training and movement procedures to prevent similar accidents in the future.

• The 2nd Infantry Division has taken all vehicles of the specific type involved in the accident off the roads.

The vehicles will be moved on large transport trucks.

There will be front and back guide vehicles for all track and oversize vehicle movements.

• Detailed notification provided to local leaders, ensuring they’re well-informed on future training activities.

During training exercises, unit command posts will closely monitor and control vehicle movements.

Two-way convoys on two-lane roads are prohibited.

Intercom systems are being upgraded to improve communication between vehicle drivers and vehicle commanders.

Additional mirrors and other vehicle reconfigurations will improve visibility.

Surveys are being conducting to determine whether any changes in policy or roadway construction procedures are required to prevent future mishaps.

Source: U.S. Forces Korea

An unidentified spokesman for the Kyonggi Province police department said about 150 Korean National Police responded to a call from the camp and arrested the protesters.

The activists chained themselves together to“symbolize the strength of their convictions,” according to the spokesman, who said he did not know if they were an organized group.

He said the South Koreans were protesting last week’s acquittals of Sgt. Mark Walker and Sgt. Fernando Nino, charged with negligent homicide in connection with the June 13 crushing deaths of two South Korean girls.

Walker was driving an AVLM armored vehicle and Nino was the tank commander when they ran over and killed Shim Mi-sun and Shin Hyo-soon, both 13. Nino and Walker were found innocent last week in separate courts-martial.

The police spokesman said the protesters used bolt cutters to gain access to the camp about 700 yards from the main gate. The group was almost to the gate when the South Korean police arrived, he said. The protesters were arrested without incident.

Maj. Brian Maka, 2nd Infantry Division spokesman, said South Korean security guards who work for the camp spotted the protesters cutting through the fence and alerted authorities.

U.S. soldiers monitored the protesters as they walked along the fence line toward the gate, Maka said. Soldiers did not immediately apprehend the South Koreans “because they weren’t presenting a threat to anyone,” Maka said.

“We always try to respond with the appropriate level of force,” he said. “In the interest of not unduly hurting anyone, yet maintaining security, the movement was monitored.”

He said soldiers also “re-established the security perimeter” Tuesday afternoon.

Voice of People, self-described as a democratic Web news service, was at the camp Tuesday and photographed the protesters entering and walking through the base. Photos could be seen Tuesday at http://voiceofpeople.org .

Also on Tuesday, a small group of protesters gathered outside Camp Hileah in Pusan. A police spokesman said that protest was peaceful.

On Monday, a protest group calling itself “Korean Students Seeking Punishment for the Murderous American Soldiers,” declared “war” on U.S. Forces Korea and threw Molotov cocktails at Camp Gray, a small warehouse facility, in Seoul.

Early Tuesday, U.S. officials sent an e-mail message Korea-wide warning of possible attacks or demonstrations.

Sgt. Mark Walker’s trial began Thursday, the day after Sgt. Fernando Nino, the tank commander, was acquitted of two negligent homicide charges.

Walker and Nino were in an M60 Armored Vehicle Launched Mine Clearing Line Charge (AVLM) on June 13 when it struck Shim Mi-son and Shin Hyo-sun, both 13, while traveling uphill and around a curve on a civilian highway near the Twin Bridges training area.

Capt. Jennifer Kim told the panel of four officers and four enlisted soldiers, all male, that Walker “failed to communicate with or get clearance from” Nino before “sharply” moving the tracked vehicle to the right and directly toward the girls.

Prosecutors stated that Walker, an experienced driver, “failed in his duty to regularly communicate” with his less experienced tank commander and did not “ensure he was operating the AVLM safely.” Nino had about one month’s experience as a tank commander in the 48-ton, 37-foot-long, 13-foot-wide vehicle.

Walker hired Guy Womack, a retired Marine lawyer who practices in Texas, as his lead defense counsel.

Womack, wearing a dark green suit and cowboy boots, appeared relaxed in front of the panel. During panel selection, he jokingly asked if they objected to Walker hiring a former “jarhead” as counsel, referring to a slang term for a Marine.

In Womack’s opening statement, he argued that Walker did everything he could the day of the accident.

The defense attorney pointed out that no safety briefing was given before the troops left on the convoy, soldiers in the two vehicles preceding Walker did not radio warnings about the pedestrians and Walker stopped as soon as he heard Nino’s final warning.

During Nino’s hearing, witnesses testified Nino told Walker to stop four times.

Womack said panel members would hear testimony from Nino this week that he “froze” as the AVLM slowly crept toward the girls.

While questioning prosecution witnesses later in the day, Womack said Nino is a “good kid, a really good kid — but he’s a kid.” When the situation got critical, the lawyer said, Nino did nothing to stop the vehicle.

He told investigators, “‘I just froze,’” Womack said.

Prosecutors called seven witnesses Thursday. During defense questioning, Womack and Capt. R. MacDonald, assistant defense counsel, showed videotaped re-enactments of the accident scene. They showed both Nino’s and Walker’s field of view during the accident.

Four witnesses — three from an oncoming Bradley fighting vehicle and one from the vehicle in front of the AVLM — testified they used arm and hand signals to warn Nino and Walker to stop their vehicle before hitting the girls. In the video from the driver’s perspective, the personnel on the Bradley couldn’t be seen until the vehicles were almost passing each other. But it appeared that the video camera had been held one to two feet above the driver’s head.

Womack closely questioned Staff Sgt. Michael Murray, the soldier on the vehicle in front of the AVLM. Murray testified he watched the scene unfold and he used arm signals to try to stop the AVLM.

Womack asked Murray if he used his radio to warn Nino and Walker of the girls, or if he ordered his vehicle driver to stop to alert the AVLM to danger.

“No, sir,” answered Murray.

The trial was to continue Friday morning with the prosecution calling additional witnesses.

Nino leaned over the railing to hug his tearful wife after a court-martial panel found him innocent. The seven-member panel — four enlisted soldiers and three officers — deliberated more than three hours before returning the verdict before 2 p.m. Wednesday, the third day of trial.

Nino, 25, commanded an M60 Armored Vehicle Launched Mine Clearing Line Charge (AVLM) June 13 that was driven by Sgt. Mark Walker. It struck and killed Shim Mi-son and Shin Hyo-sun, both 13, during an off-base convoy as the vehicle rounded an uphill curve.

Walker faces a separate court-martial on the same charges that was to begin Thursday.

Nino stood at attention to hear the verdict. Army chaplain Donald Van Alstyne, 2nd Infantry Division Catholic chaplain, sat with his arm around Trishia Nino in the row behind the defense table. Tears welled in her eyes as her husband hugged and shook hands with his attorneys.

Prosecution and defense lawyers declined to talk to Stars and Stripes after the trial. The defense team said Nino, who was whisked from the courtroom with his wife, refused interviews.

Prosecutor Capt. Sean Kilkenny said during closing arguments that the government proved beyond a reasonable doubt that Nino was guilty of negligent homicide.

Kilkenny said Nino did not “use all means necessary” to stop the AVLM from crushing the girls, because he wasn’t paying attention to the road, didn’t spot warnings from soldiers in other vehicles and did not physically attempt to get Walker’s attention.

This was “not an accident,” Kilkenny said, “it was a needless tragedy.”

“Do you think the accused was acting as a careful tank commander should have on 13 June?” he asked the court-martial panel.

In defense closing statements, Maj. Robert Broughton said the government’s argument was “simply not consistent” with the evidence presented in the case. “All they want you to focus on is that two people died,” Broughton said. “The most convenient and obvious person to blame is Sgt. Nino.”

According to witness testimony, Broughton said, Nino saw the tragedy unfold and was powerless to stop it. But he did the best he could, Broughton said.

“After the accident, he was barely able to talk,” Broughton said. Nino saw the girls, Broughton added, and attempted to signal the driver to stop.

Nino relied on his communication system to warn Walker of the danger, Broughton said, as he was trained. Nino didn’t realize his communications failed, Broughton said. By the time Walker heard Nino scream, “Oh my God, stop!” it was too late.

“This is a weak case,” Broughton said.

Prior to deliberations, Lt. Col. Edward O’Brien, the military judge, told panel members to consider weather and road conditions, equipment, noise levels, the victims, sleep the accused had the night before the accident, and convoy requirements.

He also told panel members to consider the actions of others, including the company commander, “Capt. Mason,” and the victims.

Military spokesmen wouldn’t provide Mason’s first name or location, and the captain apparently was “unavailable to testify.”

In a news conference at Camp Casey’s Warrior Club later, Lt. Gen. Charles C. Campbell, 8th Army commander, apologized to the victims’ families.

“This was a tragic loss of life,” he said.

Campbell said Nino wasn’t tried in a South Korean court because under the Status of Forces Agreement, offenses that occur in the line of duty are tried by the U.S. military.

In this case, he said, Nino and Walker were “in a unit move controlled by a unit chain of command.”

In a later news release, Campbell added, “In addition to the many significant changes we have made to our safety procedures to prevent this type of accident from ever occurring again, adverse administrative actions were taken against members of Nino’s chain of command.”

Spokesmen refused to elaborate, saying the actions are nonjudicial and not releasable.

He also said South Korea has a “vibrant democracy, and in a democracy people have the right to express their opinions, provided … they don’t violate the rights of others.”

“My concern is only when these demonstrations cease to be peaceful and become violent,” he said.

Soldiers with the 2nd Infantry Division have been restricted to base all week as USFK leaders feared violent protests or retaliation. Protest group leaders promised to stop Nino’s trial.

At Yongsan Garrison in Seoul, Pvt. John Williams, 21, said he felt that the Army charged Nino and Walker in part because of the South Korean public outcry.

“I think they felt like they had to do something,” he said of Army command. “There’s a lot of people who think” Nino didn’t care about the accident.

Williams said the driving situation in South Korea is perilous, with pedestrians ignoring traffic and buses streaking across lanes of traffic.

He said he thought the acquittal was good for Nino, but questioned whether the Army’s apologies to the families will be enough to satisfy South Korean critics. He also wondered how the acquittal will affect South Koreans’ perceptions of Americans.

Pfc. Donald Elson, 19, said he thought it was good that the Army went through an official court-martial process with this case, but that he was “actually really surprised” Nino was acquitted.

Chief Petty Officer Alfredo Matthus, stationed in lower South Korea, said he thinks the accident was unfortunate and the result of a failure to take proper safety precautions.

The day the accident happened, a safety vehicle should have guided the convoys, Matthus said.

But charging Walker and Nino with negligent homicide has another meaning, he said.

“I think it’s all political,” Matthus said. “I think it’s a way to appease the Korean people.”

Nino’s acquittal is probably a surprise to many, he said.

“I’m sure it’s not the outcome relatives of the deceased had in mind,” Matthus said. “I’m sure there are going to be some repercussions.”

The acquittal of Sgt. Fernando Nino in the June 13 accident angered many South Koreans, who said the U.S. military court-martial was a whitewash, and that the defendant should have been tried in a South Korean court.

In a statement Thursday, the U.S. military protested an editorial in JoongAng Ilbo, one of South Korea’s biggest newspapers, that said the verdict was predictable because a U.S. military jury could not be expected to rule against a peer.

“American soldiers regularly convict their own soldiers in courts-martial around the world, including Korea,” the U.S. statement said.

“Our system is designed to reach a verdict that is based on facts rather than feelings,” it said.

A second court-martial opened Thursday at a U.S. military base, with Sgt. Mark Walker, the driver of the armored vehicle that hit the 13-year-old girls, facing negligent homicide charges. Nino, the vehicle commander, was cleared of the same charges on Wednesday.

“There is a saying that blood is thicker than water, yet if nobody takes responsibility for the loss of two lives, matters have gone too far,” the JoongAng Ilbo editorial said. It said U.S. handling of the case “aroused strong anti-American sentiment among the Korean people.”

Dozens of South Korean activists kicked and punched the shields of riot police outside Camp Casey, the base north of Seoul that is hosting the trials. An ambulance took away one female activist with head cuts.

Gen. Leon LaPorte, commander of U.S. forces in South Korea, told military graduates Wednesday that anti-U.S. demonstrators were a “vocal minority” who had a right to protest.

“My only concern is that we not have violent activity as a result of these demonstrations because both Koreans and Americans can get hurt,” said LaPorte, who apologized for the deaths of the girls.

The South Korean Justice Ministry, which had requested jurisdiction in the case, said in a statement that it was “dissatisfied” by the verdict but respected the U.S. process.

At issue is the Status of Forces Agreement, or SOFA, which governs the legal treatment of 37,000 U.S. troops in South Korea.

The agreement was signed in 1966 and has been revised twice, but many South Koreans say it often fails to punish GIs who commit crimes.

The opposition Grand National Party described Nino’s acquittal as “regrettable” and said SOFA had “fundamental problems” that should be addressed. The party’s candidate, Lee Hoi-chang, leads in opinion polls ahead of Dec. 19 presidential elections.

Similar statements came from the pro-government Millennium Democratic Party and National Alliance 21, whose candidates are also prominent in the presidential race.

SOFA opponents say it does not grant South Korea enough jurisdiction in cases involving U.S. soldiers. The U.S. military acknowledged that the agreement had become an “emotional issue,” but said it had been unfairly criticized.

Currently, the U.S. military has jurisdictional rights over American soldiers accused of crimes while on duty, though it can allow South Korea to try them on a case-by-case basis.

Walker and Nino were on a training mission near the border with North Korea when their vehicle killed Shim Mi-son and Shin Hyo-sun.

The vehicle was going uphill and around a bend when it hit the girls.

The defense team for Sgt. Fernando Nino offered testimony from experts that helmet headsets might have failed the night of June 13, when two 13-year-old girls were crushed by an M60 Armored Vehicle Launched Mine Clearing Line Charge, or AVLM, on an off-base highway.

Nino, 25, commanded the AVLM driven by Sgt. Mark Walker. Walker, 36, faces a separate court-martial following the conclusion of Nino’s trial.

Written witness testimony came from communications specialist Sgt. 1st Class S. Williams, who inspected the gear as part of an Army accident safety board investigation.

Williams inspected Nino’s and Walker’s helmets, which contain communications equipment, on June 14. Williams said he couldn’t communicate from Nino’s helmet to Walker’s helmet via the internal communications system.

When Williams unplugged Walker’s helmet and plugged it into another connection, it worked, his statement said. He concluded that the cable may have been improperly tightened or dirt or moisture may have fouled connections.

Communication in the AVLM between Nino and Walker has been key in defense and prosecution arguments. The trial began Monday.

Government prosecutors assert that Nino failed to exercise due care because he was unable to get Walker to stop the vehicle before hitting the girls.

Sgt. Able Duran, who conducted maintenance on the vehicle the day of the accident, testified for the prosecution.

Duran said Walker noticed he couldn’t hear communications from his tank commander. Duran said he discovered and replaced a faulty boom microphone in Walker’s helmet. He also ensured that the AVLM’s radio was in sync with the other convoy vehicles.

He testified that the communications equipment was operational and “good to go” before the AVLM left on the convoy.

But under defense questioning, Duran said the AVLM’s communications system suffered routine glitches.

“It’s not uncommon to fix a problem and have another problem happen,” Duran said.

He also said that “dirt, dust and moisture” are problematic for the communications system.

Duran said that a few weeks after the accident, part of the radio system was found defective and was repaired.

The government also re-called Sgt. Gene Wilson, considered by the court to be an AVLM expert. Wilson has 17 years of experience as a tank commander and driver with thousands of hours driving and hundreds of hours commanding the vehicles.

Prosecutors asked what he would do if he lost communication with his driver.

“Deadline the vehicle” after trying to get the driver to stop, he answered.

He said he would wave his arms, stand up on his seat and reach over to tap the driver, or use a stick to extend his reach to hit the driver’s head or shoulder.

The defense asked Wilson if a stick is standard issued equipment or if using a stick is mentioned in safety briefings or taught in school.

“No, sir,” Wilson replied, saying the stick comes with experience.

The defense lawyer, Maj. Robert Broughton, asked Wilson if a tank commander with only one month’s experience would know to carry the stick in the case of communications failure.

“Possibly not, sir,” Wilson said.

Broughton also stressed that there are no training scenarios that teach the tank commander what to do when communication is lost.

“It’s a judgment call based on available time,” Broughton said.

When the government announced it would call no more witnesses, defense officials requested military judge Lt. Col. Edward O’Brien find Nino innocent of all charges because the prosecution offered “no evidence” proving Nino is guilty.

Prosecutors argued that expert testimony showed Nino should have been scanning the area where the girls walked. They contended that he should have been able to alert Walker to stop the vehicle in the 10 to 20 seconds between seeing and hitting the girls.

Nino also failed to lean over out of his hatch and touch the driver to alert him to the danger, prosecutors said.

O’Brien denied the request to find Nino innocent; the defense team continued its case.

Staff Sgt. Eddie Lagarez, an accident investigator, took statements from Nino and Walker at the scene of the accident. Lagarez testified that Nino told him he tried to signal Walker to stop, but heavy radio traffic prevented him from communicating with the driver.

Prosecutors also asked Sgt. Jessie Grandinetti, Nino and Walker’s squad leader, to describe the communication helmet, particularly a switch between internal and external lines. Grandinetti confirmed that a switch on the helmet connected the vehicle via radio to other vehicles on a frequency. By pushing the switch back, communications are limited to the driver and tank commander.

Defense and prosecution teams were to offer closing arguments Wednesday morning before the all-male panel — three officers and four enlisted soldiers who act as a jury — deliberate a verdict.

Walker is from Acworth, Ga. Nino requested his hometown not be released.