behenna Tag Archives — Court-Martial Trial Practice Blog

Behenna and more

December 10, 2010 | The Law Office of Philip D. Cave

In September 2010, USA Today published the first of several articles about prosecutorial misconduct. In that article they discussed Nino Lyons who was convicted in a case where the prosecutors:

covered up evidence that could have discredited many of Lyons’ accusers. They never revealed that a convict who claimed to have purchased hundreds of pounds of cocaine from Lyons struggled even to identify his photograph. And they hid the fact that prosecutors had promised to let others out of prison early in exchange for their cooperation.

As we’ve discussed both types of information must be disclosed.

Discovery, anew

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

I posted the other day about discovery, the appellate courts are seeing a number of cases about discovery issues. ACCA hears oral argument in the Behenna case which presents the question of trial counsel’s failure to comply with Brady/Bagley/Giglio/Article 46 in the context of a motion for mistrial and a motion for new trial. As I have noted before, the biggest discovery issues are impeachment evidence and evidence that is favorable to the accused. Trial counsel don’t seem to have much problem disclosing all the bad stuff against the client, it is the good stuff favorable to the client that becomes the issue.

In the Behenna case the defense was semi fortunate.

[Tip? if a prosecution witness is suddenly no longer a witness, call them and ask why.]

Up periscope

November 29, 2010 | The Law Office of Philip D. Cave

Navy Times reports:

A cruiser skipper who was fired for cruelty and mistreatment of her crew will go before a Navy board of inquiry Tuesday that will recommend whether she can continue her Navy service.

A Behanna update by Army Times:

Up periscope

August 24, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S.

The Record-Courier reports on the Davila case:

Behenna status

April 23, 2010 | The Law Office of Philip D. Cave

Main Justice reports:

A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence.

[The] case underscores how the government is being forced to explain, in the military courts as well as the civilian justice system, its compliance with Brady v. Maryland, the 1963 Supreme Court case that requires prosecutors to turn over exculpatory information to the defense.

Behenna update

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

CAAFLog has this case among the Top-10 for 2009.

Vicki Behenna has 10 minutes to plead her son’s case.

Where does she begin?

Behenna

December 9, 2009 | The Law Office of Philip D. Cave

Below is the text of the sworn affidavit, dated April 21, in which Dr. MacDonell explains how knowledge he obtained while waiting to testify in the case could have changed dramatically its outcome,

in the court-martial of 1Lt Michael Behenna, for murder and other violations of the UCMJ.

McCarty & Fatigante, at BigGovernment blog.