Stars & Stripes reports:
A prosecutor has argued that a Marine Corps officer facing demotion failed to fully disclose and investigate the killing of two dozen Iraqi men, women and children by Marines under his command.
But a defense attorney called the retired officer a highly qualified leader who took the fall amid political pressure fueled by inaccurate media reports of what was a chaotic firefight with insurgents and not a war crime.
I just commented on two incidents involving suspicious actions by soldiers; one at Fort Campbell and one near Fort Leonard Wood.
Army Times now reports:
A box of hollow-point bullets and an anonymous note threatening an incident like the one at Fort Hood, Texas, were discovered Thursday at Fort Benning, Ga., sparking a criminal investigation and greater police presence, a witness told Army Times.According to a witness at the scene, a box of 20 hollow-point shells and a handwritten note were found in the motor pool area between 1st Battalion and 2nd Battalion, 29th Infantry, under the 197th Infantry Training Brigade.“The note said ‘tell the commanding general to call off all charges or there will be a re-enactment of Fort Hood,’ ” the witness told Army Times. He spoke on condition he wouldn’t be identified.
Army Times reports that Major Hasan has had or is about to have a pretrial confinement hearing at Fort Hood. A hearing is required within certain time periods under R.C.M. 305. R.C.M. 305 is a regulation in the manual for courts-martial that implements due process for someone detained for a crime. The military does not have bail. The person is either detained or released into restriction to base or personal recognizance during the time of the court-martial. It is unlikely that Major Hasan will be released onto Fort Hood. The issue appears to be whether he is physically fit for confinement as certified by a medical doctor.
Army Times and AP report that an AWOL soldier wins stay of Canadian deportation.
Canada’s Federal Court says the country’s refugee board must reconsider the case of a lesbian who deserted the U.S. Army.
As CAAFLog has pointed out, it appears that Major Hasan will be tried by media.
Someone at the National Capital Consortium, Psychiatry Residency Program, Walter Reed Army Medical Center has released a letter to the Credentials Committee. No word on the WRAMC AR 15-6 into this unauthorized disclosure.
One of the common “defenses” raised at trial is that the accused is a "Good Soldier.” Assuming evidence of this, usually through character witnesses and documents, the military judge is required to instruct the members that a “Good Soldier” defense can if believed and warranted be sufficient to create reasonable doubt at court-martial.
North County Times reports:
Four members of a Camp Pendleton squad convicted of taking part in the kidnapping and murder of an Iraqi civilian in 2006 have been ordered by the Secretary of the Navy to be removed from the military.
Secretary Ray Mabus also directed the Marine Corps to demonstrate why a lieutenant who oversaw the unit and acknowledged abusing detainees should be allowed to stay in the service.
DallasNews.com reports:
Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths.
I think what they mean is that in the court-martial opening statement the defense said . . .
NMCCA has issued six new decisions, of which four are merits.
United States v. Maharrey, post-trial delay case.
United States v. Thornton. Appellant raises ineffective assistance of counsel (IAC) and sufficiency of the evidence. The findings and sentence are set-aside based on the IAC. The IAC relates to several issues: failure to properly advise on forum; failure to prepare appellant to testify; failure to cross-examine some witnesses. A DuBay (United States v. DuBay, 37 C.M.R. 411 (1986)) hearing was ordered. The military judge found several issues of IAC. The DuBay judge did not agree with all the allegations of IAC.
Military.com reports:
Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added)
Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon Meehan told The Dallas Morning News.
I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood.
Homeland Security committee begins collecting discovery for the Major Hasan defense team.
It’s not clear yet, but it looks like the Army and Department of Defense might also be about to do the same. One of the major issues that counsel have to pursue in death penalty cases at court-martial is the persons background. Besides the potential insanity issue on the merits, it is critical to develop as much of a personal history and background as possible. That means the defense will be requesting, and if they are smart, the government providing the expert assistance of a mitigation expert. The committee and potential Army actions will be of potential assistance to the defense. True, the investigations could develop something negative, but in this case that’s not something the defense needs to worry about at this stage. The defense needs information, the prosecution will try to stop or delay them getting it, so outside help is welcome.
Army Times reports:
Sen. Susan Collins of Maine says the Senate Homeland Security Committee will open an investigation into the murders at Fort Hood with a public hearing this week.
Major Hasan is facing 13 specifications of premeditated murder and likely any number of other lesser charges at court-martial.
Court-Martial Trial Practice Blog