Motion hearing concludes in Novak case

27th Fighter Wing Public Affairs

An Article 39A motion hearing concluded Sept. 8 in the Cannon courtroom in the case of the United States vs. Airman Basic Edward M. Novak.

The defense counsel for the accused previously filed three separate motions: request for a new Article 32 investigation, a request to sever the charges against the accused and a request to compel a mitigation expert specializing in clinical social work.

Based upon information and testimony presented by both the defense counsel and trial counsel, the military judge presiding over the hearing denied the defense’s motion for a new Article 32 investigation. Similarly, the presiding military judge denied the defense’s motion to sever the charges against the accused. Upon the conclusion of the proceedings, the presiding military judge had yet to rule on the defense’s final motion to compel a mitigation expert specializing in clinical social work.

Future motion hearings are currently being scheduled.

Airman Novak is charged with the October, 2004 murder of his wife, Kimberly Novak, under Article 118 of the Uniform Code of Military Justice. Airman Novak is also charged with child abuse/neglect under Article 134 of the UCMJ.

The charges are merely accusations. Airman Novak is presumed innocent until and unless proven guilty.