    On 21 November 2013, the first military judge was assigned to the case, and the
court-martial was docketed for 11 February 2014. After the appellee’s release of his
initial trial defense counsel shortly before trial and Government delays in producing
polygraph evidence (discussed in detail below), the military judge arraigned the appellee
on 7 February 2014 and delayed the beginning of the trial on the merits. After
arraignment, the military judge ordered the production of records related to the
polygraph. A second military judge was detailed to the case on 25 February 2014, and a
new trial date was set for 29 April 2014.

        During the ensuing months, the military judge addressed additional discovery
issues. Following an Article 39(a), UCMJ, 10 U.S.C. § 839(a), sessionon 25 April 2014,
the military judge issued a second, more expansive order compelling the production of
the complete record of the polygraph examination. The failure to produce these
documents and the late production of potentially exculpatory Facebook messages resulted
in a second delay.

       A third military judge was detailed to the case on 30 April 2014 and a new trial
date of 9 June 2014 was established. Motion practice began as scheduled on 9 June 2014,
including consideration of the defense motion to dismiss for failure to disclose and
produce evidence, and witness tampering. The military judge granted the motion to
dismiss on 12 June 2014.

      The Government timely appealed the military judge’s ruling to dismiss the charges
and specifications with prejudice.

   