6.
Final Disposition of Evidence.
a. Evidence will be disposed of as soon as possible after it has served
its evidentiary value; it will be disposed of likewise when determined to be of
no evidentiary value.
b. Often evidence is permanently transferred from one depository to
another.
When this occurs, the original and duplicate copy of the custody
documents properly annotated will be sent along with the evidence.
The
registered mail return receipt will be filed in the proper folder upon receipt.
c. Sometimes evidence is made a part of trial record. When this occurs,
the trial counsel will immediately notify the evidence custodian. The custody
document will be properly annotated.
In such cases, this will be considered
final disposition of that evidence.
d. Sooner or later all items of evidence listed on a particular custody
document have been properly disposed of. When this happens, the original and
first copy of the document will be placed in the case folder.
The original
document will be submitted to the Army Crime Records Directorate (USACRD).
Included with the original will be the final ROI or other supplemental data.
When the original copy of the custody document is entered in the trial record
(as in paragraph 6c above), a copy will be made as the USACRD copy. This will
contain a notation of the original document's disposition.
e. The evidence custodian determines when final administrative or judicial
action has been taken in known subject cases. When this occurs, the original
custody document will be sent to the office of the SJA of the commander having
general court-martial jurisdiction over the subject.
The SJA is responsible
for completing the final disposal authority portion of the custody document.
This, of course, is providing the evidence is no longer needed. In some cases
evidence must be held for further adjudication.
Then, the final disposal
authority portion of the form will not be completed.
Instead, a brief
explanation for holding the evidence will be sent to the evidence custodian on
separate correspondence. There may be unusual circumstances wherein there is a
high risk of losing the original custody document.
An example would be
isolated disposition approval. In such cases, a letter of memorandum may be
substituted for disposition approval. Sufficient data will then be furnished
to enable the SJA to make a proper decision. The return correspondence from
the SJA indicating disposition approval will be attached to the original
custody document. It will then be filed at USACRD.
Evidence is sometimes connected with a case in which no subject has been
identified. Such evidence may then be disposed of 3 months after completion of
the investigation without SJA approval. It may be disposed of earlier with SJA
approval.
Consideration must be given to serious crimes when, probably, a
subject may later be identified. In such cases, it may be best to hold the
evidence longer than 3 months. In unknown subject cases, evidence custodians
will obtain the approval. They will get this from the commander, the agent in
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