U NITED S TATES A IR F ORCE
C OURT OF C RIMINAL APPEALS
UNITED STATES ) No. ACM 40168
Appellee )
)
v. )
) ORDER
Yasmeen M. LAKE )
Senior Airman (E-4) )
U.S. Air Force )
Appellant ) Panel 1
On 2 December 2022, counsel for Appellant submitted a Motion for En-
largement of Time (Thirteenth) requesting an additional 30 days to submit Ap-
pellant’s assignments of error. Counsel for Appellant notes that he cannot view
certain evidence in Appellant’s case—specifically, Prosecution Exhibits 1, 12,
27, 37, 41, 45, 51, 62, 87, 88, 89, 90, and 91—because of proprietary software
needed to view the evidence. The Government does not oppose the motion but
suggests a status conference may be appropriate to address the software issue.
On or about 1 November 2022, the court received a copy of the proprietary
software from appellate government counsel. Since that date, the court has
attempted to view the exhibits at issue but has been unsuccessful. The court
has also solicited the assistance of personnel from the local communications
squadron, but to date, has not been able to successfully install the software or
view the exhibits.
Department of the Air Force Manual (DAFMAN) 51-203, Records of Trial
(21 Apr. 2021), provides guidance to Department of the Air Force personnel on
preparation of records of trial. It notes, in relevant part:
All digital audio and video media must be in a format playable
on the factory installed version of Windows Media® player (e.g.,
WMV, WMA, MPEG, MP3, AVI). (T-1). Ensure the original and
copies of the audio and video are clear prior to forwarding the
ROT to JAJM. (T-1). Counsel offering the exhibit will verify that
the media is not damaged and plays as intended. (T-1).
DAFMAN 51-203, ¶ 2.2.4.2.
The court notes that the prosecution exhibits at issue were not prepared in
accordance with DAFMAN 51-203 or its predecessor guidance and therefore
treats the record as incomplete. “A record of trial found to be incomplete or
defective before or after certification may be corrected to make it accurate. A
superior competent authority may return a record of trial to the military judge
United States v. Lake, No. ACM 40168
for correction under this rule.” R.C.M. 1112(d)(2). The court returns the record
of trial for the court reporter to make viewable Prosecution Exhibits 1, 12, 27,
37, 41, 45, 51, 62, 87, 88, 89, 90, and 91, in compliance with DAFMAN 51-203,
¶ 2.2.4.2. No status conference is required at this time.
Accordingly, it is by the court on this 7th day of December, 2022,
ORDERED:
The record of trial is REMANDED to the Chief Trial Judge, Air Force Trial
Judiciary, for return to the military judge for correction of the record pursuant
to R.C.M. 1112(d)(2). Thereafter, the record of trial will be returned to this
court for completion of appellate review under Article 66, UCMJ,
10 U.S.C.
§ 866. Appellate counsel for the Government shall inform the court not later
than 19 December 2022, in writing, of the status of compliance with the
court’s order unless the record of trial has been returned to the court prior to
that date.
It is further ordered:
Appellant’s Motion for Enlargement of Time (Thirteenth) is therefore
MOOT.
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
2
