case that has gained widespread attention here in the united states, three navy seals are accused of mistreating an iraqi detainee who says he was punched in the stomach, it s a little unclear, but while in custody, the debtie is the alleged mastermind of the horrific murder and mutilation of four american contractors six years ago, and today a court marshal got underway for one of the three seals involved in the case, 28-year-old julio vuertas, he faces up to a year in opinion. tom kenneth is a criminal defense attorney, former jag, thanks for being with us. thanks for having me. gregg: all right, huertes isn t the one who punched the terrorist. right. gregg: he is charged with standing by and letting it happen, but his defense would appear to be a pretty good one, hey, i didn t anticipate this, and it happened so fast, i couldn t have stopped it. that s a pretty good defense, isn t it? it s a great defense.