Court-Martial Trial Practice Blog
KSALLink reports: A Fort Riley soldier is killed during a standoff at a motel in Abilene. . . . The Army says that Evenson was reported Absent Without Leave by military authorities Tuesday when he failed to appear for the second day of his court-martial for rape of a child. He was tried in absentia and on Wednesday he was convicted and sentenced to life without the possibility of parole.
Salina Journal is reporting a “seven hour” standoff.
The charges will get set-aside because he has died during the course of his trial and appeal. The effect of that will be the family will get death benefits, etc. “An appellant is entitled to an appeal of right and his death prior to completion of that appeal generally entitles him to abatement of the proceedings ab initio.” United States v. Rorie, 58 M.J. 399, 400 (C.A.A.F. 2003).
From a different perspective, the military doesn’t typically go after the wives or parents of an AWOL/UA/Deserter service-member. Yes, it is a federal crime to aid a deserter. You’ll remember the Marine and his father last year in California that got quite a bit of notoriety. But in a Houston Chronicle story here, and a Abilene Reflector-Chronicle story here, the facts seem different and more compelling.
The U.S. Attorney’s office says 22-year-old Erika Suzanne Pierret Frey pleaded guilty Monday to one count of enticing desertion and harboring a deserter. In her plea, she admitted that she and her husband, Private Austin A.J. Frey, fled from Ft. Riley during an investigation of her son’s death.