Investigating Newly Discovered Evidence and Post-Trial Claims After a Court-Martial

Independent Military Defense Investigations

Supporting Attorneys, Service Members, and Families

Publication Date: August 24, 2026

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Executive Summary

DI-105 explains how to preserve newly discovered evidence, document when and how it surfaced, and support counsel’s evaluation of post-trial remedies.

]New evidence can lose its value quickly if the original source, discovery history, or witness account is not preserved.

DI-105 explains how a defense investigator responds when information surfaces after a court-martial: secure the original material, document who found it and when, establish why it was unavailable earlier, authenticate it, and compare it to the precise finding, exhibit, witness, or sentencing issue it may affect.

The publication addresses complete digital exports, metadata, witness separation, prior discovery requests, corroboration, credibility, and reporting limitations. It also explains the current Article 73 and R.C.M. 1210 three-year petition period while recognizing that other legal vehicles may have different requirements.

The investigator does not promise relief. The objective is a clean, verifiable record that allows qualified counsel to evaluate materiality, diligence, admissibility, and the proper post-trial process.

Who Should Read This Publication?

Military Defense Counsel

Evaluate deadlines and legal vehicles promptly, define the material trial issue, and direct preservation, authentication, witness, and diligence investigation.

Defense Investigators

Secure original sources, document the chain of discovery, compare new material to the record of trial, separate witnesses, and report limitations without promising relief.

Service Members

Understand why newly found information should be delivered to counsel immediately without editing files, contacting witnesses, posting publicly, or trying to build the claim alone.

Experts

Address defined forensic, scientific, medical, or authentication questions and explain whether the new analysis depends on information available at trial or developed afterward.

Families

Preserve original devices, documents, packaging, messages, and discovery details, and contact counsel rather than circulating the evidence or questioning witnesses.

Download the Official Authority Publication (PDF)

Companion Video

This companion video expands on the investigative concepts presented in this Authority Publication through additional explanation, practical examples, and professional investigative insight.

About Michael West

The investigative guidance presented throughout these Authority Publications is based upon decades of professional experience conducting military, federal, criminal, civil, and private investigations. The principles discussed in these publications are drawn from real investigative work involving complex cases, witness development, evidence analysis, and factual case preparation.

Michael West has served as a Special Agent with the United States Air Force Office of Special Investigations (AFOSI) and the Department of Defense Inspector General, conducted federal background investigations, and spent decades working as a licensed private investigator supporting attorneys, businesses, service members, and private clients. Throughout his career, his work has focused on identifying facts, locating witnesses, analyzing evidence, and strengthening the factual foundation of legal cases through independent investigation.

The Military Defense Investigation Knowledge Base was created to share that investigative experience in a practical, understandable format. Its purpose is to help attorneys, service members, and families better understand the investigative process, ask more informed questions, and recognize opportunities where independent investigation may strengthen the defense.

Important Information

This Authority Publication is provided for educational and informational purposes and is intended to help readers better understand military defense investigations and the investigative process. It is based upon professional investigative experience and is designed to provide practical investigative insight rather than legal advice.

Every military case is unique. The investigative strategies, factual issues, and legal considerations applicable to one case may not apply to another. Readers should consult with a qualified attorney regarding legal rights, legal strategy, and decisions involving their individual circumstances.

Nothing contained in this publication should be interpreted as creating an attorney-client relationship or an investigator-client relationship. References to investigative techniques, procedures, or case examples are provided solely to illustrate investigative principles and should not be considered legal guidance.

Effective military defense is strengthened by informed legal representation supported by thorough factual investigation. The purpose of these Authority Publications is to help readers better understand that investigative process so they can communicate more effectively with qualified legal counsel and make informed decisions throughout the military justice process.