Here’s an interesting piece in the Veterans Today.
REPORT prepared for the State Bar of Texas Annual Meeting, Military Law Committee Correction of Military Records and Judicial Review, has proven to be a shocker, and, should OUTRAGE every veteran ! Why you ask, well hold the phone.
I would suggest this “report” is not news. The writer and presenter is described as follows:
I posted the other day about the defense refusal to cooperate in a scheduled R.C.M. 706 board.
Mr. Galligan’s website now points to this CNN piece. The title of his posting is, “Army Attempts Last Minute Changes to Sanity Board.” The CNN piece makes several observations.
Tomorrow begins the Article 32, UCMJ, hearing, prefatory to a general court-martial.
NPR leads with:
Dozens of people will take the witness stand in a military courtroom over the next few weeks to describe the pain of bullets piercing their bodies and the sight of fellow soldiers lying in pools of blood.
Interesting, someone appears to have received a response to a request for information to APF.
Courtesy of obamaconspiracy.org:
From: Margaret Hemenway
Date: Wed, Oct 6, 2010 at 11:07 AM
Subject: Re: Request from the Safeguard our Constitution Website
To: (——)
(——), LTC Lakin worked with the Foundation over this past wk-end to ensure that our educational efforts continued and there was no disruption even given his retaining new legal counsel- we are making clear that our focus is on strategic communications, his public relations and outreach and mobilization, raising his public visibility over the next few critical weeks with court-martial only weeks away- but we are not providing his legal defense. The most important actions needed now are raising public pressure and awareness of his plight- contacting elected officials on his behalf and spreading the word to others. We are dealing with an entrenched media blockade on his issue and working diligently to surmount it– Thanks for writing- and keep the faith!
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.
Air Force Times reports that:
The court-martial of Airman 1st Class Dustin A. Miller will begin Nov. 8. The security forces patrolman faces charges of attempted murder, aggravated assault with a dangerous weapon, aggravated assault inflicting grievous bodily harm and assault with the intent to commit murder.
See prior postings about the Mackie (Trask) case in regard to jurisdictional issues.
Despite the political rhetoric LTC Lakin’s case has given us a number of teaching moments or opportunity to refresh on some basic practice principles.
1. Can LTC Lakin change lawyers at this stage. The answer in this case is probably yes. Although technically Mr. Jensen should submit a motion to be released and the new counsel file a notice of appearance.
2. Can LTC Lakin’s get a delay in the trial. Trial is currently set to begin 3 November 2010. The current docket is dated 6 October 2010. There is some question whether or not Neal Puckett or his other counsel are available because of the Wuterich trial ongoing. Also, there would be an issue of giving them an opportunity to prepare for trial. The answer to a continuance request in this case is probably yes, unless the prosecution can show an extraordinary adverse effect on their case by a delay.
CNN has this report on the Morlock Article 32, UCMJ, hearing.
A U.S. soldier accused of killing civilians in Afghanistan should face a court-martial on murder and other charges, an Army officer has recommended.
The recommendation, included in a document obtained by CNN, comes after prosecutors laid out their evidence against Spc. Jeremy Morlock in a hearing last week. Morlock is one of five members of the Army’s 5th Stryker Brigade who have been accused of premeditated murder in a series of incidents between January and May.
Army Times reports:
A military officer has ordered a mental evaluation for the suspect in the November Fort Hood shootings before a key hearing next week.
Earlier this year, Army officials appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial and his mental status the day of the Nov. 5 shooting.
No. 08–1476. Dwight J. Loving, Petitioner v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
Page 183 here.
Court-Martial Trial Practice Blog