UCMJ Tag Archives — Page 49 of 51 — Court-Martial Trial Practice Blog

Catching up on Major Hasan news

December 4, 2009 | The Law Office of Philip D. Cave

Sane or insane, Major Hasan’s mental state before and during his alleged offenses will be raised in his court-martial. Death penalty cases are different so sayeth they U.S. Supreme Court. Everything must be raised that could possibly have some impact on either the finding of guilt to a capital charge or in sentencing. The Supreme Court decision in Porter v. McCollum makes it clear that failure to raise mental health issues, including PTSD, will likely lead to a finding of ineffective assistance of counsel. A distinction can be argued between Porter and Hasan — one was in combat, the other about to get into vicarious PTSD issues. But any competent attorney for Major Hasan has to consider the mental health issues as vital to the defense presentation.

Been gone for a family emergency so I won’t go too far back. But . . .

DoD reports that:

It was love

December 4, 2009 | The Law Office of Philip D. Cave

Naplesnews.com reports that:

The trial counsel in United States v. Piotrowski, ARMY 20010721, 2006 CCA LEXIS 487 (A. Ct. Crim. App. January 31, 2006) pet. denied 64 M.J. 430 (C.A.A.F. 2007).

He smashes into a car, killing a 24-year-old woman who is pregnant with her first child.

Fort Lewis murder case

December 4, 2009 | The Law Office of Philip D. Cave

Seattleweekly.com reports:

Having now admitted to murder, Fort Lewis Spc. Ivette Davila today awaits word on whether she will face the death penalty for it.

Davila, 23, an Army chemical specialist, is charged with killing Staff Sgt. Timothy Miller and Sgt. Randi Miller in their Parkland home March 2, 2008, soaking their bodies in muriatic acid and kidnapping their 7-month-old daughter.

Chessani board

December 4, 2009 | The Law Office of Philip D. Cave

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.

More “incidents”

November 20, 2009 | The Law Office of Philip D. Cave

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.

UP: News roundup

November 20, 2009 | The Law Office of Philip D. Cave

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.

When investigators talk with Major Hasan we’ll know more

November 16, 2009 | The Law Office of Philip D. Cave

And pigs have wings and can fly.

The media continues to make the comment that investigators are waiting to talk with Major Hasan, at Fort Hood, and once they do we’ll know more about his motives. Huh? We’ll find out at court-martial what each party is suggesting are the reasons and motives, but unlikely before then, except for the continual extra-judicial statements by people close to the investigation who have been told not to talk about it but are quite happy to without a name.

Major Hasan asked for counsel, he’s got counsel; he’s a represented accused; charges are preferred; and he’s apparently in custody. So . . .

Is this unlawful influence, or just a bad idea, or . . . ?

November 13, 2009 | The Law Office of Philip D. Cave

How far should members of congress or the President, or anyone, get involved in how to prosecute Major Hasan for his acts at Fort Hood. Certainly the victims are entitled to be involved and are required to be through the Department of Defense Victim-Witness Assistance Program. The program does not give politicians or government officials a right to be involved.

Risch Urges Additional Murder Charge in Fort Hood Slayings

This article reports that at least two Congress people are getting involved seeking to influence the prosecution of Major Hasan. Are they creating fodder for various defense motions, making the prosecutions job a political one, or just plain bad form. The talk is about Article 119a, UCMJ, a product of the Unborn Victims of Violence Act (UVVA), which is an outgrowth of special interests who convinced Congress in 2004 that a fetus is a child. It’s a political issue, it was a political hot-potato then, and potentially still is, albeit there is a statute in place. I guess we should see what other pressures and special interests can get on board to help the prosecutors out, and possibly the defense in the process – I’m sure both sides will be happy for the extra help.

AF annual drug warning

November 12, 2009 | The Law Office of Philip D. Cave

I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial.

When Airmen ignore inspecting their medicine cabinets they risk possible damage to their careers and, more importantly, can jeopardize their health.

This becomes a problem later if Airmen take prescribed medications after the prescription has expired.

Meteor burns out

November 11, 2009 | The Law Office of Philip D. Cave

WESH2.com reports:

A former astronaut pleaded to a lesser charge and avoided jail time for attacking a romantic rival in Orlando on Tuesday, but she could still face military prosecution.

Navy captain Nowak will be awaiting a letter from the Chief of Naval Personnel (connected with show-cause board actions), or the Secretary of the Navy (authorizing prosecution at court-martial). If she is allowed to retire then there will be a retirement grade determination for retirement as a commander (O-5).