Slovik was charged with desertion to avoid hazardous duty and tried by court-martial on November 11, 1944. Slovik had to be tried by a court-martial composed of staff officers from other U.S. Army divisions, because all combat officers from the 28th Infantry Division were fighting on the front lines.[1] The prosecutor, Captain John Green, presented witnesses to whom Slovik had stated his intention to "run away". According to his defense counsel, Captain Edward Woods, Slovik had elected not to testify.