Anchorage Daily News

The U.S. Attorney's office in Anchorage, representing the U.S. Army, is objecting to a magistrate's recommendation that a Fort Richardson soldier be given conscientious objector status.

Pfc. Michael Barnes, a 26-year-old paratrooper in the 4th Airborne Brigade Combat Team, was denied the status last year by an Army review board.

Barnes appealed to federal court. Earlier this month, Magistrate John Roberts concluded that the soldier's request was sincere and valid and should be granted. But the Army wants a federal judge to overrule Roberts.

Assistant U.S. attorney Richard Pomeroy this week faulted Roberts for accepting Barnes' statements as true.

"Using these improperly assumed facts, the magistrate judge then impermissibly weighs the evidence," Pomeroy wrote in a legal objection co-signed by U.S. Attorney Nelson Cohen.

The case now goes before U.S. District Judge John Sedwick -- who could agree with Roberts' recommendation and order the Army to grant Barnes his conscientious objector status, or decide to hold his own hearing.

Barnes, a former resident of Portland, Ore., enlisted in the Army for five years in March, 2005. During his 15-month tour of duty in Iraq, his Christian faith crystallized and he became morally opposed to serving in the Army or participating in the war, Barnes said. He's married and has two children.

Find George Bryson online at adn.com/contact/gbryson or call 257-4318.

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