Thank you, sir. MJ: Thank you, Captain Ellis. The court will be closed for deliberation.

The court-martial closed at 1112, 21 August 2007. The court-martial opened at 1320, 21 August 2007. MJ: This court is called back to order. All parties present when the court closed for deliberations are once again present. Accused and counsel, please rise. The accused and his counsel complied. MJ: Prior to announcing the findings of this court, I want to make clear that I did not consider the testimony of Special Agent Meulenberg with regard to Sergeant Ehlers electing to terminate the interview and ask for a lawyer during the interrogation on 25 May 2005. Additionally, I have disregarded those portions of trial counsel's arguments that could tend to give the appearance of shifting the burden of proof in this case. With that in mind, Sergeant Edwin A. Ehlers II, United States Marine Corps, it is my duty as military judge to inform you that this court-martial finds you: Of the sole Specification of Charge Is Of Charge Is Of Specification 1 of Charge II: Of Specification 2 of Charge II: guilty Guilty; Guiltyj Guilty? Not guilty, but of the lesser included offense of assault consummated by a battery, in violation of Article 128.

378