Government Pushes Reconsideration in Airman’s Landmark Reversal — Defense Holds Ground
Just weeks after the Court of Appeals for the Armed Forces (CAAF) issued a unanimous ruling overturning the wrongful conviction of Senior Airman whose life was derailed by withheld evidence, the government is attempting to roll back the decision.
On September 15, 2025, the CAAF found that prosecutors violated Brady v. Maryland by withholding exculpatory evidence and destroying investigative files, ultimately denying SrA Bryce Roan a fair trial. That ruling restored his rank, pay, and dignity after years of injustice.
Now, the Air Force Government Trial and Appellate Division has filed a Petition for Reconsideration, arguing that the Court overlooked evidence and that the exoneration was premature.
The Government’s Position
In its October 8 reply, the government contends that SrA Roan “failed to show” any admissible proof that dimethylhexylamine (DMHA), the ingredient found in the pre-workout powder central to the case, could cause a false positive for cocaine. The brief dismisses the cumulative evidence recognized by the Court, claiming the “missing link” in Roan’s defense is scientific proof and that no witness could testify that DMHA could trigger such a false reading.
The government further asserts that because Roan’s roommate, SSgt N.W., did not use the DMHA defense after being granted a continuance in his own trial, the theory lacks credibility, arguing that if the defense were viable, it would have been used then.
The Defense Fires Back
In a powerful response filed October 6, the defense team led by Senior Military Defense Attorney Annie W. Morgan, rejected the government’s attempt to relitigate settled law. She argued that the request for reconsideration was nothing more than “a refusal to accept accountability,” emphasizing that Supreme Court precedent requires courts to assess all suppressed evidence cumulatively, not isolate it piecemeal.
“Reconsideration is not a second bite at the apple,” the defense brief stated. “It is an audacious attempt to recast accountability as error.”
The defense brief reaffirms that the withheld evidence, including destroyed files, undisclosed interviews, and internal Air Force communications that stripped Roan of the ability to raise an innocent ingestion defense. The filing underscores that it was government misconduct, not defense deficiency, that created the evidentiary gap the government claims was overlooked.
“Having failed to disclose, failed to preserve, and failed to confront its obligations,” wrote, “the Government now faults this Court for holding it accountable.”
What’s Next
With both sides’ briefs now before the CAAF, the nation’s highest military court will determine whether to grant reconsideration or stand by its unanimous ruling. For SrA Roan, the case is about more than legal precedent, it’s about reclaiming a life and career nearly lost to bureaucratic indifference and prosecutorial overreach.
About the Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a leading firm representing service members, federal employees, and veterans before military and federal courts. The firm is nationally recognized for its work defending those whose rights and careers have been jeopardized by unjust actions within the military justice system.
Disclaimer
This release is for informational purposes only and does not constitute legal advice. Past results do not guarantee similar outcomes.
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