Up Periscope Category Archives — Page 81 of 108 — Court-Martial Trial Practice Blog Published by International Military Lawyer

An Abu Ghraib post-script?

June 5, 2010 | The Law Office of Philip D. Cave

The Canadian Press reports that:

Charles Graner was a manipulative sadist, Ivan Frederick sincerely penitent and Lynndie England an infatuated follower who got more notice than her role deserved, according to the authors of a new book on the Abu Ghraib prison abuse scandal.

Christopher Graveline helped prosecute the defendants and investigator Michael Clemens assisted the prosecution team. They conclude, not surprisingly, that military justice was served by the criminal convictions of 11 low-ranking soldiers and the nonjudicial punishment of a handful of officers.

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June 3, 2010 | The Law Office of Philip D. Cave

Navy Times reports that:

An active-duty Seabee is wanted for questioning in the slaying of his pregnant wife, authorities said.

Steelworker First Class (SCW) Eric Gilford, 31, disappeared after his wife, Kristine, was found stabbed to death May 26 in a residence in the Chicago suburb of Villa Park, Illinois authorities said.

Up periscope WE 300510

June 1, 2010 | The Law Office of Philip D. Cave

Air Force Times reports that:

Inexperienced operators of a U.S. drone ignored or downplayed signs that Afghan civilians were in a convoy blasted in a deadly American missile attack earlier this year, a military report released Saturday said.

While Washington Post reports that:

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May 27, 2010 | The Law Office of Philip D. Cave

The Post & Courier reports that:

An active-duty Air Force airman accused in the death of a local American living in Germany has been acquitted in the case.

Chris Matyszyk, 36, died Jan. 12, nearly two weeks after suffering a fatal punch to the face outside a pub in the German town of Landstuhl, near Ramstein.

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May 26, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

A Navy doctor pleaded guilty to two counts of wrongful sexual contact and two counts of conduct unbecoming an officer, in exchange for dropping 29 other counts of criminal allegations at a Yokosuka Naval Base court-martial Wednesday.

Grant Okubo/Stars & Stripes
Under the terms of a pretrial plea agreement, Lt. Cmdr. Anthony L. Velasquez, 48, will not serve more than seven days of confinement at the Yokosuka Naval Base brig.

Military judge Cmdr. David Berger sentenced Velasquez to two years in prison, a $28,000 fine and forfeiture of all pay and allowances, but the convening authority suspended the punishment in accordance with a pre-trial agreement.

Stars & Stripes also has a piece.

Dayton Daily News reports:

The Air Force began hearing evidence Wednesday, May 26, to determine whether the Air Force Materiel Command’s former top enlisted man should be court-martialed for alleged sexual harassment of subordinates, adultery and other offenses under military law.

Air Force/AF Times Gurney faces allegations including extramarital relationships and that he sent semi-nude images of himself to Air Force women, requested pictures of their breasts, and touched their breasts and buttocks.

The charges against him also include indecent exposure; dereliction of duty; having unprofessional relationships with female Air Force subordinates; misuse of his Defense Department computer; failure to obey an order, and attempting to influence the Air Force to assign airmen to jobs where he could have access to the women.

In accordance with R.C.M. 405(j)(2), Discussion:

On Wednesday, the government’s lawyers asked O’Sullivan to consider additional charges that he had sexually assaulted one airman and may have obstructed justice by telling two women he had sex with that they shouldn’t tell anyone about it.

Military.com reports that:

A U.S. Soldier who blew the whistle on his comrades over possible drug use and the deaths of three civilians in southern Afghanistan suffered a severe beating in retaliation, officials said Tuesday.

The Soldier was beaten after telling authorities about illicit drugs and then, while recovering in hospital, recounted his comrades’ alleged role in the deaths of three Afghan civilians, said two officials, who spoke on condition of anonymity.

Military.com reports that:

Both the Montgomery and Post 9/11 GI Bills are worth over $49,000. This money is not a loan and will help you cover the costs of getting a degree. Full-time students receive up to $1,368 a month no matter how much tuition costs. The Post 9/11 GI Bill may even give you a monthly housing stipend of $1,200.

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May 25, 2010 | The Law Office of Philip D. Cave

Navy Time reports:

Thirteen junior officers were kicked out of the Marine Corps last week after officials uncovered widespread cheating on a land navigation exam.

All 13 were students at The Basic School aboard Marine Corps Base Quantico, Va., a six-month boot camp for newly commissioned officers. Eight men — including two former football players from the Naval Academy — and five women were administratively discharged May 20 for allegedly using cheat sheets last fall to help them locate boxes stashed in the woods aboard the base, Marine officials said. Two of the 13 officers were prior enlisted Marines.

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May 25, 2010 | The Law Office of Philip D. Cave

Army Times reports:

A Fort Wainwright soldier is under investigation for allegedly posting a video on his Facebook site showing Iraqi children being taunted.

Navy Times reports:

CAAF grants

May 20, 2010 | The Law Office of Philip D. Cave

Here are some CAAF grants/issues that should resonate in the field.

No. 10-0332/AF. U.S. v. Yolanda FLORES. CCA S31621. Review granted on the following issue:

WHETHER TRIAL COUNSEL IMPROPERLY COMMENTED ON APPELLANT’S CONSTITUTIONAL RIGHT TO REMAIN SILENT THUS DEPRIVING APPELLANT OF A FAIR TRIAL.

Failure to report

May 19, 2010 | The Law Office of Philip D. Cave

In United States v. Serianne, the CAAF affirmed an NMCCA decision that a Navy order to report civilian DWI/DUI convictions was unlawful and not enforceable at court-martial.

Navy Times reports:

The Navy’s self-reporting requirement for drunken driving arrests will fundamentally change as a result of a recent military court ruling, the Navy’s top lawyer said.

Up periscope WE 160510

May 16, 2010 | The Law Office of Philip D. Cave

The Guardian, at guardian.co.uk reports that:

An Afghan prosecutor has issued an arrest warrant for an American special forces commander over allegations that a police chief was murdered by a US-trained militia.

He accused American officials of refusing to hand over evidence or to permit his investigators to interview the special forces commander, known to Afghans only as "John or Johnny", who he alleges sanctioned the raid.