Court-Martial Trial Practice Blog

Crystal gazing

June 22, 2010 | The Law Office of Philip D. Cave

Well, we have a general idea of what GEN McChrystal is accused of saying, as well of supposed statements of other officers. As I was driving home today I heard a story that he’d submitted a resignation – from the Army, or his current position? USA Today has this piece in which they report a resignation and a denial that a resignation has been submitted. There are so many puns about crystal and star gazing. But sadly there’ll be little humor in what’s going on. From a military justice practice perspective, how many clients have been accused and disciplined for similar types of disrespect?

The LA Times has this piece about the increasing politicalization of the military (something I somewhat tongue in cheek commented was behind LTC Lakin’s contumacy):

Army Gen. Stanley A. McChrystal’s criticism of Obama administration officials symbolizes an accelerated partisanship of the officer corps.

Fort Gillem shooting update 4

June 22, 2010 | The Law Office of Philip D. Cave

Atlanta Journal Constitution reports that:

Military officials have charged Staff Sgt. Rashad Valmont with murder in the fatal shooting of Master Sgt. Pedro Mercado at Fort Gillem, U.S. Army spokeswoman Maj. Lenora Hutchinson told the AJC on Tuesday.

The report then goes on to say that:

Up periscope

June 22, 2010 | The Law Office of Philip D. Cave

Army TImes reports that:

An Oregon Air National Guard senior master sergeant has been charged with stealing three motorcycles from the military and selling them on Craigslist.

North Country Times reports that:

Collateral consequences

June 21, 2010 | The Law Office of Philip D. Cave

What are the collateral consequences, if any, of being involuntarily separated by the Air Force on a persons ability to run for, and if elected, be seated in Congress – and add a second involuntary discharge from the Army.

Time reports that:

A week ago in the living room of South Carolina’s Democratic nominee for the U.S. Senate, I asked Alvin Greene if there was anything that had not yet been written about by the press that he wanted to get out. “Bring the Air Force discharge up,” Greene replied. “Y’all go and get that.” . . .

Up periscope

June 21, 2010 | The Law Office of Philip D. Cave

Rapid City Journal reports:

A jury of five officers found an Ellsworth Air Force Base airman accused of attempted murder guilty of aggravated assault Friday.

Senior Airman Vinicus "Vinnie" Santana received a dishonorable discharge, demotion to airman basic and was sentenced to three years in prison at the conclusion of a four-day court martial. He also forfeits all pay and allowances.

CAAF search and seizure case

June 21, 2010 | The Law Office of Philip D. Cave

United States v. Huntzinger.

I. WHETHER THE MILITARY JUDGE ERRED IN CONCLUDING THAT NO SOLDIER AT FORWARD OPERATING BASE (FOB) LOYALTY HAD A REASONABLE EXPECTATION OF PRIVACY IN ANY REGARD.

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A MOTION TO SUPPRESS APPELLANT’S EXTERNAL HARD DRIVE AND PASSWORD PROTECTED LAPTOP WHEN THE
COMMANDER WHO ORDERED THE SEIZURE OF THE EQUIPMENT IMMEDIATELY SEARCHED THE EQUIPMENT UPON SEIZURE, DEMONSTRATING THAT HE WAS PERFORMING LAW ENFORCEMENT FUNCTIONS AND WAS NOT NEUTRAL AND
DETACHED WHEN SEIZING THE ITEMS.

Training and CLE opportunity

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

Thanks to a nicely and newly redesigned JAA website, here is information this years Appellate Advocacy Symposium. This is good training and good for those all important CLE credits for civilian attorneys. (Note, VA gives full credit for this one day seminar. I just checked my CLE records and we were only given four hours for two days of the CAAF Judicial Conference this year. I believe this relates to written materials not being provided as part of the instruction. VA requires that there be some form of written handout or materials given out along with instructor bio’s, etc.)

APPELLATE ADVOCACY SYMPOSIUM

October 15th, 2010 8:00am-5:00pm

George Mason University School of Law

This event is co-sponsored by the United States Court of Appeals for the Armed Forces and the Judge Advocates Association. For information about this event, please contact CPT Joshua Johnson at: joshua.johnson34@us.army.mil.

Up periscope

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

Fox news reports that:

MyFox TampaBay.com

The AWOL soldier accused of trying to enter MacDill Air Force Base with weapons and ammunition in his car is not a terrorist and was merely “trying to impress” his girlfriend during the incident, his father said in an exclusive interview with FoxNews.com. . . . Officials said the couple tried to enter MacDill Air Force Base in Tampa, Fla., on Monday in a Honda CRV that contained three handguns, three rifles and some ammunition.

WSMV.tv reports that:

A man suspected of deserting the Army was accused of abusing a 16-month old. The toddler is on life support.

Edwards AFB reports that:

A technical sergeant assigned to the 95th Security Forces Squadron was convicted by Special Court-Martial June 11. A panel of seven officers found him guilty of committing Adultery and he was sentenced to a reduction in rank to senior airman and 90 days of hard labor without confinement.

Air Force reports that:

Air Force officials issued guidance banning the knowing use and possession of any substance, other than alcohol or tobacco, that is ingested to alter mood or function.

Arguably many items sold at GNC at the Exchange and in the Exchange could qualify?

The islandpacket.com reports some more information on the Parris Island Marines:

A 26-year-old, gay Savannah man who claims two Beaufort Marines committed a hate crime against him last weekend was accused earlier this year of using racial slurs and trading punches with a black truck driver at a Georgia gas station. . . .

Savannah-Chatham Metro Police, the FBI and Marine Corps Air Station Beaufort officials still are trying to piece together an incident involving the same man June 12 near the intersection of Congress and Bull Streets in downtown Savannah. They also are trying to determine whether pending misdemeanor battery charges against the two Marines accused of beating him should be elevated to federal hate-crime charges.

Witnesses told Savannah-Chatham Metro Police the two Marines thought the gay man winked at one of them. One of the Marines responded by punching the alleged victim in the back of the head, knocking him unconscious.

Capital Flyer reports:

Over the past eight months, two flight engineers from the 99th Airlift Squadron, whose mission is to provide airlift support to distinguished VIPs including members of Congress, have been convicted by Special Courts-Martial of wrongfully using prescription medications. . . .

What makes these cases particularly frightening is that both of these flight engineers were on flying status and were flying missions during the time they were abusing prescription medications.

Note: Joseph was prosecuted for the flying status violation and found not guilty. I was his counsel.

Fort Gillem shooting update 3

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

Army Times reports that:

The military has released the name of the man allegedly shot to death by a fellow reservist at Fort Gillem.

An earlier release said that the name of the suspect would not be released until there were charges.

Afghan and foreign AWOLs update 4

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

Fox News reports that:

Texas senator is demanding answers from the Air Force on the current status of the 10 AWOL Afghan military deserters, which he called a breach of national security.

The initial number of Afghans being floated was 17. Now: