Court-Martial Trial Practice Blog
World News Daily has this report:
At the conclusion of the arraignment, Lakin was ordered not to speak with the press and was taken back to Reed under military escort, surprising and disturbing a civilian lawyer who has been working on his case.
“This was completely inappropriate. Col Lakin was brought here and taken away from here as if he was a common criminal. He was prohibited from talking to the press for two minutes; he was prohibited from talking to anybody, even me,” Paul Rolf Jenson said.
There was decent security for this exercise both in and around the court-room.
Prohibited from talking with his defense counsel? If that’s true that’s a problem.
Prohibited from talking to the press – who are these defense counsels aides helping to keep the accused’s mouth shut from further incriminating himself or providing aggravating comments.
The report is also factually inaccurate.
After Lind requested that Lakin submit his plea of guilty or not guilty, Lakin’s attorney said “No plea.”
“A motion to dismiss must be brought before the plea is entered, and after the proceedings are commenced,” Jensen explained. “In that thirty second period we didn’t have time to bring the motion, but we will.”
He did not say “no plea.” He had said that he would be deferring pleas. As all military lawyers know this is pretty standard practice.
Also, he deferred motions. This “quote” incorrectly implies that the court did not give counsel adequate opportunity to present a motion. He quite clearly asked to defer motions along with forum selection and pleas.