Prosecutorial Misconduct

Overview

The prosecution in the case of Staff Sergeant Robert Bales demonstrated severe ethical lapses and potentially unconstitutional actions. These actions not only compromised the fairness of the proceedings but also cast doubt on the legitimacy of the outcome. This page outlines some of the most egregious examples of misconduct that occurred before, during, and after Bales’s trial.

Key Issues of Misconduct

Prejudicial Public Statements

Before charges were even filed, high-level officials including President Obama and Secretary of Defense Leon Panetta publicly declared Bales guilty. These statements irreparably tainted the jury pool, pressured the chain of command, and made it nearly impossible for Bales to receive a fair trial.

Use of Enemy Combatants as Witnesses

At sentencing, the prosecution flew in alleged Afghan eyewitnesses, some of whom were known Taliban sympathizers or operatives. No biometric data or background checks were used to verify their identities or affiliations. In fact, at least one had a visible Taliban tattoo on his hand during testimony.

Failure to Disclose Key Evidence

The prosecution failed to disclose critical information about the drug Mefloquine — a neurotoxic anti-malarial known to cause psychosis — which Bales had been prescribed. The Army later quietly discontinued the drug. This information was withheld from the defense during trial.

Withholding of Autopsy and Forensic Reports

No autopsies were performed on the deceased. No forensic evidence or biometric data was collected to verify identities or causes of death. This gross omission eliminated any possibility of proving or disproving the allegations through science and undermined the entire premise of the prosecution’s case.

Why It Matters

Military prosecutors are held to the highest standards of justice and integrity. When those entrusted with the power to take away a man’s freedom act with bias, concealment, or political motivation, it not only fails the accused — it fails the Constitution. SSG Bales was sentenced without the protections every American is promised.

What You Can Do

Demand accountability. Help us shine a light on the misconduct that defined this trial and demand a full review of the prosecution’s actions. Share this information. Spread the truth.