During the sentencing phase the Army flew nine (9) Afghans from the Kandahar battlespace but failed to disclose that five (5) of them were biometrically enrolled and their DNA was located on improvised explosive (IED) components, i.e. that they were bomb-makers, and enemy combatants. Additionally, Freedom of Information Act (FOIA) documents show that the Army coordinated with the State Department to put these bombmakers on Delta airlines domestic commercial flights from Atlanta to Seattle, among US civilians. 

Consideration of this material evidence favorable to Bob would have produced a different and more favorable result for at least the following seven (7) reasons:

1.     The death penalty may not have been authorized in the first place.

2.     The sanity board’s findings would have been different

3.     Lesser charges may have resulted given evidence of compromised mens rea  for premeditated murder.

4.     Bales’ plea may have changed to not guilty by reason of lack of mental responsibility.

5.     The defense of involuntary intoxication could have been developed and presented.

6.     Bales position to negotiate a plea agreement would have been more favorable; and/or

7.     The sentencing jury would have reached a lesser sentence viewing mefloquine and terrorist bombmakers as substantial mitigation evidence.

In sum,  the suppressed evidence – mefloquine degrading his mens rea for premeditated murder and belligerent bombmakers rather than innocent farmers imploring harsh punishment on sentencing – denied him a fair trial.