LTC Lakin has made his CNN appearance. His supporters are not happy, as this piece at World News Daily indicates.
I found a humorous note in the article. The writer points out a typo in the charge sheet.
“in support of Operation Enduring Freedom with the 32nd Calvary (sic) Regiment, 101st Airborne”
Here is a new article on interrogation tactics.
Davis & Leo on the "Sympathetic Detective" Interrogation Strategy
Deborah Davis and Richard A. Leo (University of Nevada, Reno and University of San Francisco – School of Law) have posted Selling Confession: Setting the Stage with the ‘Sympathetic Detective with a Time-Limited Offer’ (Journal of Contemporary Criminal Justice, Forthcoming) on SSRN. Here is the abstract:
The effectiveness of an interrogation tactic dubbed the “sympathetic detective with a time limited offer” was tested. Participants read two versions of an interrogation transcript, with and without the tactic. Those who read the sympathetic detective version believed the detective had greater authority to determine whether and with what to charge the suspect, more beneficent intentions toward the suspect, and viewed confession as more wise. However, regression analyses indicated that for innocent suspects, only perceptions of the strength of evidence against the suspect and the detective’s beneficence and authority predicted the perceived wisdom of false confession. Interrogation tactics were generally effective, as indicated by participant recommendations of confession (versus invoking Miranda, denial, or continuing to talk without admitting guilt) for both innocent (16.7%) and guilty (74.4%) suspects; and reasons offered for participants’ recommendations for confession versus other choices generally conformed to those reported by real-life confessors and interrogation scholars.
In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA.
On its face the decision has narrow application to a particular Navy instruction. However, the case may impact any revision of the Navy instruction and also the directive that DoD initiated in 2008 on the subject of E-6 and above reporting their civilian convictions.
I have posted before about an April 2008 policy memorandum issues by DoD. The memorandum will require self-reporting of certain civilian convictions.
World News Daily reports that LTC Lakin is scheduled to make another (potentially another) potential public confession:
A U.S. Army officer challenging President Obama to document his eligibility to occupy to Oval Office will be telling his story to Anderson Cooper on his 360 program on CNN.
The interview is scheduled to be broadcast from CNN’s New York studios at 10 p.m. Eastern. Lakin will appear with his attorney, Paul Rolf Jensen.
Marine Corps Times reports:
Moved by a huge tide of troops returning from Iraq and Afghanistan with post-traumatic stress, Congress has pressured the Department of Veterans Affairs to settle their disability claims — quickly, humanely and mostly in the vets’ favor.
This 1969 photo shows Keith Roberts in Navy uniform. Starting in 1987, Roberts filed a string of disability claims with the Veterans Affairs, eventually blaming PTSD for everything from smoking addiction to arthritis. In 1999, Roberts was declared 100 percent disabled and got a lump sum payment, retroactive to August 1993. He was convicted of wire fraud, sentenced to 48 months in prison and ordered to pay $262,943.52 in restitution.
Marine Corps TimesThe problem: The system is dysfunctional, an open invitation to fraud. And the VA has proposed changes that could make deception even easier.
PTSD’s real but invisible scars can mark clerks and cooks just as easily as they can infantrymen fighting a faceless enemy in these wars without front lines. The VA is seeking to ease the burden of proof to ensure that their claims are processed swiftly.
KXXV.com reports:
A Fort Hood soldier accused of possession of child pornography has been sentenced.
A General Court-Martial found Sgt. Donald Keith Whitten guilty of wrongful possession of child pornography earlier this week.
On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).
http://goo.gl/NOZB
An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:
A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.
Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.
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.
Court-Martial Trial Practice Blog