Court-Martial Trial Practice Blog
Courtesy of cunninghamreport.com here are links to the Article 32, IO, report and recommendations.
Ramos Charges
Howell Charges
Rasmussen Charges
Couple of interesting points.
Issues surrounding application and potential application of a privilege for safety investigations, a la Mil. R. Evid. 506.
(a) General rule of privilege. Except where disclosure is required by an Act of Congress, government information is privileged from disclosure if disclosure would be detrimental to the public interest.
The Article 32, UCMJ, hearing was closed over the objection of the defense. I’m not aware of any news media litigation about that, anyone?
The IO pointed out some potential mitigating factors to do with training and the boat construction. In the reports the IO says:
A major mitigating factor and arguably an intervening cause is the lack of leadership at Station San Diego. . . . Another mitigating factor is the Coast Guard’s failure to provide appropriate training and oversight for this type of vessel. . .