A Lynnwood man accused of trying to contact al-Qaida terrorists would be tried in a military court if he is charged with the current allegations against him.
Spec. Ryan G. Anderson, 26, is being held at Fort Lewis in Pierce County for allegedly violating articles of the Uniform Code of Military Justice. The code is a series of rules by which all members of the military must conduct themselves or face the possibility of punishment.
A member of the Washington National Guard’s 81st Armor Brigade, Anderson, who grew up in Everett, was detained as he was preparing for deployment with his unit to Iraq.
In this case, Anderson faces one of the code’s most serious charges in Article 104, which is aiding or attempting to aid the enemy. Death is the maximum penalty.
He’s also being detained under the code’s Article 80, making an attempt to violate military laws.
A Cascade High School graduate, Anderson has not yet been charged.
Deputy Snohomish County prosecutor Sherry King, a naval reservist, has served as both a prosecutor and a defense attorney in her military role.
The next step in Anderson’s case will be a formal investigation into the evidence and the filing of charges, a proceeding similar to a grand jury in the civilian world, King said. This could take weeks.
Anderson has the right to call witnesses and try to convince the investigating officer that there isn’t a strong case against him.
In this case, King said she doesn’t know who will make the decision whether to proceed or not due to the seriousness of the charge. In a typical case, a soldier’s commanding officer is the court-martial "convening authority" who decides if there will be a trial.
If there is a trial, it would be heard by a judge and jury consisting of military personnel, King said.
Anderson is entitled to an appointed attorney, and also has the right to a second military counsel of his choice, King said.
Some defendants hire their own private attorney, and she has seen trials with three lawyers representing the defendant.
An act done with specific intent to commit an offense … amounting to more than preparation and tending, even though failing, to effect its commission, in an attempt to commit that offense.
Any person … who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct. …
Any person who aids, or attempts to aid, the enemy with arms, ammunition, supplies or other things.
Or, without proper authority, knowingly harbors or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.
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