Investigators say Staff Sgt. John Diamond shot C-130 pilot Marty Theer five times in December. Police say Diamond was having an affair with Theer's wife, Michelle. The soldier is charged with murder, conspiring with Michelle Theer to commit the murder, and adultery.
"It is our intent to do everything in our power to present to the court the fact of his innocence," says Diamond's attorney, Coy Brewer.
During a military Article 32 hearing, which is the same as a civilian grand jury proceeding, testimony revealed Theer wanted her husband killed. Theer has never been charged in the incident, but police say the case is still open.
If convicted, Diamond faces life in prison. The court martial begins April 20.