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http://www.armytimes.com/news/2009/05/ap_army_lewis_article32_052709/

Lawyer disputes evidence in Lewis overdose case


The Associated Press
Posted : Wednesday May 27, 2009 10:09:42 EDT

FORT LEWIS, Wash. — A lawyer for the Fort Lewis soldier accused of giving his 16-year-old girlfriend a fatal drug overdose says he was sleep-deprived when he told an investigator he gave her a pill.

Capt. Don-Michael Barbour told a hearing the statement from Timothy Bennitt should not be used against him. In the days after the Feb. 15 death of Leah King in his barracks room, Bennitt had to sleep on a dayroom couch or in a closet.

The 19-year-old Afghanistan war veteran from Rolling Prairie, Ind., is charged with involuntary manslaughter and drug violations.

The News Tribune of Tacoma reports the Article 32 hearing ended Tuesday. The investigating officer will make a recommendation to the Fort Lewis commander who will make a court-martial decision.

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