KPLU News reports.
Key pieces of evidence were lost or never collected in the case of five Washington-based soldiers charged with murdering Afghan civilians. That emerged Tuesday in an evidentiary hearing against the alleged ringleader – Staff Sgt. Calvin Gibbs.
Stars & Stripes reports.
A U.S. soldier will spend more than two years in prison after a military judge found him guilty in a court-martial Tuesday of throwing a crowbar that struck a German motorcyclist in the head.
Stars & Stripes reports.
Army Times reports.
The defense does not plan to present any evidence when a military hearing resumes next week for the Army psychiatrist charged in last year’s deadly Fort Hood shootings, the lead defense attorney said Tuesday.
John Galligan said the government had offered “no surprises” in presenting its case against Maj. Nidal Hasan during two weeks of testimony in October.
Lexington Herald-Leader reports:
Staff Sgt. Calvin Gibbs’ big talk about killing Afghan civilians and getting away with it made him stand out when he joined a new platoon at an Army base in southern Afghanistan a year ago, according to written statements from his comrades.
Some of his Stryker platoon mates from Joint Base Lewis-McChord near Tacoma, Wash., told investigators they didn’t know what to make of him. They thought he must be kidding.
Military.com reports:
The soldier who tried to blow the whistle on an alleged plot to kill Afghan civilians for sport has been put in solitary confinement in a windowless cell for 23 hours a day, his family said.
The father of Spc. Adam Winfield is objecting to the conditions at Joint Base Lewis-McChord south of Seattle, and wants the soldier moved to a different facility.
Federal Evidence Review references:
In conspiracy and arson trial, reversing and remanding when trial court failed "to make adequate inquiries regarding news stories" that appeared during deliberations and their impact on juror’s deliberations; the judge erroneously failed to explore "whether any juror heard any of the information" and its impact on the jury, in United States v. Waters, __ F.3d __ (9th Cir. Sept. 15, 2010) (No. 08-30222)
The Ninth Circuit recently considered the trial court’s responsibilities to make specific inquiry of jurors when "adverse publicity occurs during deliberations" of the jury. The case can help clear up confusion about the role of the trial court, particularly in light of FRE 606(b) limiting inquiry into a verdict.
I posted before about the CO of USS OHIO being detached for cause and the number of Navy CO’s DFC’d this year. Now Navy Times has obtained a copy of documents related this case which appears to include a copy of the command investigation.
The arrival of a birthday card in the ship’s mail addressed to Capt. Ronald Murray Gero, who was turning 56, marked the beginning of the end of his command of the guided-missile submarine Ohio.
It appears various members of the crew started collecting evidence, and then:
USA Today is reporting that Morlock has been referred to trial non-capital. As does Reuters, MSNBC and other news outlets.
Inside Bay Area has a piece about corruption in the California National Guard.
From 1986 until her retirement last year, Jaffe’s job with the California Army National Guard was to give away money — the federally subsidized student-loan repayments and cash bonuses — paid for by federal taxpayers nationwide — that the Guard is supposed to use to attract new recruits and encourage Guard members to re-enlist.
Instead, according to a Guard auditor turned federal whistle-blower, as much as $100 million has gone to soldiers who didn’t qualify for the incentives, including some who got tens of thousands of dollars more than the program allows.
The other day I had posted about the unauthorized release of the Stryker Brigade Article 32 report and a Coast Guard report on the San Diego Bay incident. My question at the time was an appearing trend of unauthorized releases of Article 32, UCMJ, investigation reports. There is more on the Stryker Brigade case.
The News Tribune reports:
Col. Thomas Molloy found that Spc. Jeremy Morlock should be held accountable for any actions he might have committed. Molloy noted that Morlock was viewed by fellow soldiers “as an effective, reliable, engaged team leader,” rather than the picture painted by defense attorneys of a prescription drug-impaired soldier who was bullied by his squad leader.
Court-Martial Trial Practice Blog