Court of Appeals for the Armed Forces August 18, 1997, No. 96-0958; Crim.App. No. 31270 (United States v. Lewis)

SULLIVAN, Judge

(concurring):

This is a simple case. The defense argues that there was command influence in selecting the jury. Yet, after raising this issue at trial, questioning a witness to determine who compiled the jury selection list, and deter*343mining that that person was Sergeant Ber-tling, the defense failed to call this key witness.