SEATTLE — A second court-martial is scheduled to begin July 16 for an Army 1st Lt. Ehren Watada, who refused to go to Iraq with his Fort Lewis-based Stryker brigade and spoke out against the Bush administration.

The first military trial for Watada, of Honolulu, ended in a mistrial after three days when the judge said he didn't believe Watada fully understood a pretrial agreement he'd signed and that would have cut his sentence to four years.

On Friday, the Army refiled charges of missing movement and conduct unbecoming an officer — the same charges Watada, 28, had initially faced.

If convicted, Watada could be sentenced to six years in prison and be dishonorably discharged.

Eric Seitz, Watada's lawyer, has said he will seek to have the charges dismissed as a violation of the Constitution's protection against double jeopardy.

Yesterday, he said he would likely file motions by April.

He said he and Watada still hope to reach some sort of an agreement with the military.

Watada has acknowledged making the statements and to missing a June deployment with the 3rd Brigade, 2nd Infantry Division, which is currently in Baghdad. Before the mistrial was declared, he had planned to testify that his motives were to avoid committing war crimes by participating in an illegal war.