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…
And pigs have wings and can fly. The media continues to make the comment that investigators are waiting to talk with Major Hasan, at Fort Hood, and once they do we’ll know more about his motives. Huh? We’ll find out at court-martial what each party is suggesting are the reasons…
How far should members of congress or the President, or anyone, get involved in how to prosecute Major Hasan for his acts at Fort Hood. Certainly the victims are entitled to be involved and are required to be through the Department of Defense Victim-Witness Assistance Program. The program does not…
I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial. When Airmen ignore inspecting…
WESH2.com reports: A former astronaut pleaded to a lesser charge and avoided jail time for attacking a romantic rival in Orlando on Tuesday, but she could still face military prosecution. Navy captain Nowak will be awaiting a letter from the Chief of Naval Personnel (connected with show-cause board actions), or…
If Major Hasan raises an insanity defense for his acts at Fort Hood, how might the defense actually work if at all. Presumably he will present a combination of witnesses and documents. The media is reporting that prior to reporting to Fort Hood Major Hasan had “problems” so there will…
In Part I, I briefly outlined the formal examination process prior to presenting an insanity/lack of mental responsibility defense. Now here is some information on the “law” or legal standard for an insanity defense. This is the defense that Major Hasan and his lawyers are going to have to consider…
The military (insanity) lack of mental responsibility defense is set out in several places relevant to Major Hasan and the events at Fort Hood. The first step that should be taken by a prudent convening authority in this case is to order a mental examination under R.C.M. 706, as soon…