court-martial Tag Archives — Page 43 of 60 — Court-Martial Trial Practice Blog

Galesburg CP case

January 18, 2010 | The Law Office of Philip D. Cave

Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother.

The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with.

Rodney and Terri Miller told the Galesburg Register-Mail that their son, Specialist Billy Miller, had a falling out with a friend Afghanistan, and the friend subsequently reported seeing inappropriate pictures on Billy Miller’s laptop.

Up periscope – 180110

January 18, 2010 | The Law Office of Philip D. Cave

USA Today reports the LTC shoplifting case:

A U.S. Army lieutenant colonel facing court-martial on a shoplifting charge blames the Army for mistakenly reducing the medicine he takes to curb his urge to steal.

Army Times reports:

Up periscope weekend edition – 170110

January 17, 2010 | The Law Office of Philip D. Cave

A military court in Kuwait has convicted a third soldier in connection with the August suicide of 19-year-old Keiffer Wilhelm. Staff Sgt. Enoch Chatman of West Covina, Calif., received three months’ confinement and a written reprimand from the commanding general and was reduced two pay levels to a specialist. Chatman was among four soldiers charged with a variety of crimes after Wilhelm’s self-inflicted gunshot wound to the head on Aug. 4.

Mansfield News Journal reports.

A war resister who fled the U.S. for Canada, but was deported to face a court-martial, has been released from confinement. Cliff Cornell spent less than a year in a military prison at Camp Lejeune in North Carolina, and was released this morning [15 January 2010]. Cornell, who fled the U.S. for Canada in 2005 to avoid having to fight in Iraq, wants to return to Gabriola Island, B.C., Canada.

Police reports are not evidence

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

Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth…matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel.

In other words, police reports are not admissible in criminal cases. But why? That was the question addressed by Judge Posner in his recent opinion in United States v. Hatfield, 2010 WL 114930 (7th Cir. 2010), although his analysis was irrelevant to his conclusion.

That left the Seventh Circuit with the question of why police reports are inadmissible in criminal cases. The court noted that

Military suicides

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

Statistics are starting to be released about suicides, primarily within the Army, showing increases in the numbers. I think it’s reasonably safe to assume that attempts as well as “gestures” have risen during that period of time.

Eight years of war in Afghanistan and Iraq have etched indelible scars on the psyches of many of the nation’s service members, and the U.S. military is losing a battle to stem an epidemic of suicides in its ranks.

Despite calls by top Pentagon officials for a sea change in attitudes about mental health, millions of dollars in new suicide-prevention programming and thousands of hours spent helping soldiers suffering from what often are euphemistically dubbed “invisible wounds,” the military is losing ground.

Exchange, shoplifting, and medication.

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

A lieutenant colonel said because he suffers from kleptomania he should not be court-martialed for shoplifting last year at Fort Benning, Ga.

Lt. Col. Rodney Page, a 28-year Army veteran, admits to stealing $37 worth of challenge coins at the post exchange, but he blames the Army for mistakenly reducing medication he takes to curb his urge to steal.

“That impulse is so strong that it just overrides your common sense,” said Page, 58, recalling the theft. “I am ethical, even though I have this problem. I’ve never taken anything from anyone I know. You can leave money on the table; I’m never going to touch it.”

Soldier convicted and sentenced

January 15, 2010 | The Law Office of Philip D. Cave

A Hohenfels-based soldier was sentenced to 8½ years in prison Thursday in a knife attack on a German family last summer.

Racine, assigned to the 1st Battalion, 4th Infantry Regiment, was originally charged with one count of attempted premeditated murder, along with several lesser charges, according to the official Army charge sheet. But after the three-day trial before a military judge, Racine was convicted of aggravated assault with the intent to inflict grievous bodily harm.

But the defense argued that Racine thought he was in a war zone, and that he attacked the German family as he sought shelter in their apartment.

Major Hasan update

January 15, 2010 | The Law Office of Philip D. Cave

Defense Secretary Robert M. Gates said today that he has forwarded recommendations to the Army for disciplinary action against supervisors of the accused Ft. Hood shooter.

The LA Times reports.

The report recommends clarifying for unit commanders their responsibility in identifying people who could pose a threat. Unit commanders, according to the report, must become attuned to indicators of behavioral problems or the potential for violence or radicalization.

Up periscope: 160110

January 15, 2010 | The Law Office of Philip D. Cave

Larson said Hutchinson’s command did offer her child-care options when her plan fell through, but did not specify if those options included foster care, as was alleged by Courage to Resist.

"So far, Spc. Hutchinson has chosen not to take advantage of any of those options," Larson said. "A well-known veterans group was one of the groups offering to assist Spc. Hutchinson in caring for her child during her deployment. This group has an accredited child-care facility for soldiers in just these circumstances."

Coastal Courier reports. No specifics yet on a court-martial trial date.

CPT Bjork – Evergreen

January 15, 2010 | The Law Office of Philip D. Cave

You’ll have seen various reports about the pending prosecution of CPT Bjork for allegedly ordering some Iraqi officers to shoot two Iraqi civilians (I have few here, and here). There is a report in The US Report.

[T]he accusers are 3 former Iraqi police and a former Iraqi intel officer who are currently detainees in Iraq.

Reports have also surfaced that the detainees were allowed to speak with each other about their claims.