A DoD report is critical of progress regarding sexual assault in the military. Overall the report seems a fair response. This part however is troubling: Included in the task force’s 30 primary recommendations are a number of actions for helping victims of sexual assault, such as a suggestion that legislation…
United States v. Mott, once again, explores the prosecution obligation to disclose favorable evidence to the defense at court-martial. In this case, the prosecutions own expert agreed with the defense theory as to the accused’s mental status. None of this was disclosed to the defense. In the instant case, this…
Sane or insane, Major Hasan’s mental state before and during his alleged offenses will be raised in his court-martial. Death penalty cases are different so sayeth they U.S. Supreme Court. Everything must be raised that could possibly have some impact on either the finding of guilt to a capital charge…
Naplesnews.com reports that: The trial counsel in United States v. Piotrowski, ARMY 20010721, 2006 CCA LEXIS 487 (A. Ct. Crim. App. January 31, 2006) pet. denied 64 M.J. 430 (C.A.A.F. 2007). He smashes into a car, killing a 24-year-old woman who is pregnant with her first child. So a prosecutor…
Seattleweekly.com reports: Having now admitted to murder, Fort Lewis Spc. Ivette Davila today awaits word on whether she will face the death penalty for it. Davila, 23, an Army chemical specialist, is charged with killing Staff Sgt. Timothy Miller and Sgt. Randi Miller in their Parkland home March 2, 2008,…
Stars & Stripes reports: A prosecutor has argued that a Marine Corps officer facing demotion failed to fully disclose and investigate the killing of two dozen Iraqi men, women and children by Marines under his command. But a defense attorney called the retired officer a highly qualified leader who took…
I just commented on two incidents involving suspicious actions by soldiers; one at Fort Campbell and one near Fort Leonard Wood. Army Times now reports: A box of hollow-point bullets and an anonymous note threatening an incident like the one at Fort Hood, Texas, were discovered Thursday at Fort Benning,…
Army Times reports that Major Hasan has had or is about to have a pretrial confinement hearing at Fort Hood. A hearing is required within certain time periods under R.C.M. 305. R.C.M. 305 is a regulation in the manual for courts-martial that implements due process for someone detained for a…
As CAAFLog has pointed out, it appears that Major Hasan will be tried by media. Someone at the National Capital Consortium, Psychiatry Residency Program, Walter Reed Army Medical Center has released a letter to the Credentials Committee. No word on the WRAMC AR 15-6 into this unauthorized disclosure. One of…
North County Times reports: Four members of a Camp Pendleton squad convicted of taking part in the kidnapping and murder of an Iraqi civilian in 2006 have been ordered by the Secretary of the Navy to be removed from the military. Secretary Ray Mabus also directed the Marine Corps to…