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Military justice system. you can have a partial verdict under the ucmj, but if that verdict is unanimous he'll face a separate penalty phase on whether the death penality should be imposed. will he be executed, assuming there's a conviction, i can only say the military is -- has not executed anyone since 1961, although they have multiple people on death row now. they've been there a long time, most of them. jenna: again, early in the story, lots to work through. colonel, thank you, all of you, for joining us. we'll have much more coverage on this throughout the day today. >> thank you jenna. j...

before dawn on sunday. that soldier, now in custody, accused of spraying bullets through two villages before burning some of the victims' bodies. the taliban saying in a statement on its website that it will, quote, take revenge from the invaders, and the savage murderers, for every single martyr. the president, president obama, calling the incident tragic, and shocking, the defense secretary, leon panetta, says an investigation is already underway. conor powell is live in kabul and we start with jennifer griffin at the pentagon for us. >> reporter: well, we know this accused shooter...

left his base and reportedly gunned down more than a dozen afghan civilians before dawn on sunday. that soldier, now in custody, accused of spraying bullets through two villages before burning some of the victims' bodies. the taliban saying in a statement on its website that it will, quote, take revenge from the invaders, and the savage murderers, for every single martyr. the president, president obama, calling the incident tragic, and shocking, the defense secretary, leon panetta, says an investigation is already underway. conor powell is live in kabul and we start with jennifer gri...