FORT HOOD, Texas (KXXV) — A former Fort Hood Army doctor charged with secretly recording patients has waived his right to an Article 32 preliminary hearing in the military justice system, the Army's Office of Special Trial Counsel told 25 News.
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Major Blaine McGraw, a former Army OB-GYN, faces 61 specifications, including 54 specifications of indecent visual recording involving 44 victims.
On Tuesday, 25 News learned McGraw waived his right to an Article 32 preliminary hearing for the charges preferred against him by the Army Office of Special Trial Counsel, known as the OSTC.
The waiver means prosecutors will move forward with the case without a preliminary hearing.
Michael West, a private investigator and founder of UCMJ Investigations, has decades of experience conducting military-related investigations for those charged with crimes under the Uniform Code of Military Justice.
"A preliminary hearing is just like the civilian version of the preliminary hearing to see if the government has enough evidence to proceed," West said.
West said speed is one reason someone might waive their right to a preliminary hearing.
"Speed, that way they get to the details faster," West said.
Attorney Keith Scherer with UCMJ Lawyers said he strongly advises his clients against waiving their Article 32 hearings.
"If you waive your Article 32 hearing, you guarantee that the government is going to refer your case to a general court-martial," Scherer said.
"Never waive a right unless there is something significant you're getting in return," Scherer said.
Scherer said that while he does not know the specifics of McGraw's defense, it is alarming when people waive their right to these hearings.
The Army's Office of Special Trial Counsel told 25 News that McGraw has not taken a plea agreement or any type of deal in exchange for waiving his right to the hearing.
"In a vacuum, if you're not getting any benefit from waiving, and that's what OSTC told you, that they're not getting any benefit from the waiving, it would be an extremely rare situation where that would be the right move," Scherer said.
McGraw remains in the Bell County Jail in pretrial confinement. He is presumed innocent unless proven guilty.
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