Uncategorized Category Archives — Page 78 of 113 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Soldier convicted and sentenced

January 15, 2010 | The Law Office of Philip D. Cave

A Hohenfels-based soldier was sentenced to 8½ years in prison Thursday in a knife attack on a German family last summer.

Racine, assigned to the 1st Battalion, 4th Infantry Regiment, was originally charged with one count of attempted premeditated murder, along with several lesser charges, according to the official Army charge sheet. But after the three-day trial before a military judge, Racine was convicted of aggravated assault with the intent to inflict grievous bodily harm.

But the defense argued that Racine thought he was in a war zone, and that he attacked the German family as he sought shelter in their apartment.

Major Hasan update

January 15, 2010 | The Law Office of Philip D. Cave

Defense Secretary Robert M. Gates said today that he has forwarded recommendations to the Army for disciplinary action against supervisors of the accused Ft. Hood shooter.

The LA Times reports.

The report recommends clarifying for unit commanders their responsibility in identifying people who could pose a threat. Unit commanders, according to the report, must become attuned to indicators of behavioral problems or the potential for violence or radicalization.

CPT Bjork – Evergreen

January 15, 2010 | The Law Office of Philip D. Cave

You’ll have seen various reports about the pending prosecution of CPT Bjork for allegedly ordering some Iraqi officers to shoot two Iraqi civilians (I have few here, and here). There is a report in The US Report.

[T]he accusers are 3 former Iraqi police and a former Iraqi intel officer who are currently detainees in Iraq.

Reports have also surfaced that the detainees were allowed to speak with each other about their claims.

Major Hasan update: 150110

January 15, 2010 | The Law Office of Philip D. Cave

Reporting from Washington – Between five and eight Army officers are expected to face discipline for failing to take action against the accused Ft. Hood shooter, Maj. Nidal Malik Hasan, over a series of behavioral and professional problems in the years leading up to the November rampage.

Reports the LA Times. No word on the status of the R.C.M. 706 proceedings, when an Article 32, UCMJ, hearing might be scheduled, or a court-martial held in the Fort Hood slayings.

Up periscope 14

January 14, 2010 | The Law Office of Philip D. Cave

A southwestern Oklahoma woman faces up to 10 years in prison after pleading guilty to taking a 12-year-old girl to a hotel for sex with Marines from nearby Fort Sill.

Still pending are rape charges against three Marines and charges of enabling child neglect against the girl’s parents. Police say the girl is now 13 and is in protective custody.

Marine Corps Times reports.

Mother sends son child-porn now he stays in Afghanistan

January 14, 2010 | The Law Office of Philip D. Cave

GALESBURG, Illinois – Tonight a Quad City area soldier is in Afghanistan being forced to stay to face charges connected to pictures his mother sent to him. The mother says the pictures were designed to ease the homesickness of life on the warfront but she had no idea they would lead to a child pornography investigation and months of wondering whether the accusations would bring charges.

The child is a relative whom the family says Billy treated as his own child when the girl was diagnosed with cancer as her father went through boot camp. Her father told us he can’t believe the charges, especially since they’re on other family computers and on Facebook pages and no one else has been investigated.

"I feel he is a prisoner of something I sent to him", said Terri, "and I can’t do nothing for him."
The Army says Billy will stay in Afghanistan until he faces court martial or there are other recommendations. The family is worried for Billy’s mental health. They’ve noticed changes that they blame on the months of not knowing and spending nearly 17 months in Afghanistan. They hope he can receive the help he needs soon and hope it comes on American soil.

SEAL case twist

January 14, 2010 | The Law Office of Philip D. Cave

In interesting development.

Neal Puckett, McCabe’s civilian defense lawyer, had opposed delaying the trial but reluctantly agreed to it after three other SEALs expected to testify notified the court they’ve retained their own lawyer.

Kate Wiltrout of The Viginian-Pilot

CO relieved still has career

January 14, 2010 | The Law Office of Philip D. Cave

The commanding officer of the Yokosuka, Japan-based cruiser Cowpens was relieved of duty Wednesday after being punished for “cruelty and maltreatment” during her time in charge, the Navy announced. In an unusual move, she is being permitted to continue on to an assignment in the Pentagon.

Capt. Holly Graf was brought before an admiral’s mast with Rear Adm. Kevin Donegan, the commander of Carrier Strike Group 5, after an inspector general’s investigation found problems with her “temperament and demeanor vis-a-vis her subordinates,” said Cmdr. Jeff Davis, a spokesman for 7th Fleet.

Her continuing into a job to which she had already been assigned is unusual for a Navy captain who has been relieved; many fired COs are assigned to the staff of their parent command and their careers effectively ended.

CPT Bjork – Evergreen – to go to court-martial

January 14, 2010 | The Law Office of Philip D. Cave

The United States military has decided to refer charges against an Army captain from Evergreen who is accused of ordering Iraqi officers to kill two Iraqi civilians.

Army Times reports.

Single mom to court-martial

January 13, 2010 | The Law Office of Philip D. Cave

The Army has filed court-martial charges against Alexis Hutchinson, an Army cook who refused to deploy to Afghanistan because she couldn’t find anyone to look after her 1-year-old son.

Newser reports.

The court-martial charges are AWOL and missing movement, offenses under the UCMJ.