Uncategorized Category Archives — Page 87 of 113 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Major Hasan on trial at NPR

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

As CAAFLog has pointed out, it appears that Major Hasan will be tried by media.

Someone at the National Capital Consortium, Psychiatry Residency Program, Walter Reed Army Medical Center has released a letter to the Credentials Committee. No word on the WRAMC AR 15-6 into this unauthorized disclosure.

One of the common “defenses” raised at trial is that the accused is a "Good Soldier.” Assuming evidence of this, usually through character witnesses and documents, the military judge is required to instruct the members that a “Good Soldier” defense can if believed and warranted be sufficient to create reasonable doubt at court-martial.

Pot-luck

November 19, 2009 | The Law Office of Philip D. Cave

Military.com reports:

Arizona sheriff’s deputies busted three men identifying themselves as Army Soldiers with almost 700 pounds of marijuana and $10,000 in cash during a two-day sweep for human smugglers.

Pendleton-8 to be discharged

November 17, 2009 | The Law Office of Philip D. Cave

North County Times reports:

Four members of a Camp Pendleton squad convicted of taking part in the kidnapping and murder of an Iraqi civilian in 2006 have been ordered by the Secretary of the Navy to be removed from the military.

Secretary Ray Mabus also directed the Marine Corps to demonstrate why a lieutenant who oversaw the unit and acknowledged abusing detainees should be allowed to stay in the service.

AF Nurse DNR case does begin

November 17, 2009 | The Law Office of Philip D. Cave

DallasNews.com reports:

Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths.

I think what they mean is that in the court-martial opening statement the defense said . . .

Major Hasan’s war crimes trial requests

November 17, 2009 | The Law Office of Philip D. Cave

Military.com reports:

Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added)

Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon Meehan told The Dallas Morning News.

Army about to help the defense with discovery and preparation

November 17, 2009 | The Law Office of Philip D. Cave

I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood.

Homeland Security committee begins collecting discovery for the Major Hasan defense team.

It’s not clear yet, but it looks like the Army and Department of Defense might also be about to do the same. One of the major issues that counsel have to pursue in death penalty cases at court-martial is the persons background. Besides the potential insanity issue on the merits, it is critical to develop as much of a personal history and background as possible. That means the defense will be requesting, and if they are smart, the government providing the expert assistance of a mitigation expert. The committee and potential Army actions will be of potential assistance to the defense. True, the investigations could develop something negative, but in this case that’s not something the defense needs to worry about at this stage. The defense needs information, the prosecution will try to stop or delay them getting it, so outside help is welcome.

Homeland Security committee begins collecting discovery for the Major Hasan defense team

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

Army Times reports:

Sen. Susan Collins of Maine says the Senate Homeland Security Committee will open an investigation into the murders at Fort Hood with a public hearing this week.

Major Hasan is facing 13 specifications of premeditated murder and likely any number of other lesser charges at court-martial.

AF Nurse DNR case delayed

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

Austin-Statesman reports:

A court-martial scheduled to start today for a former Air Force nurse accused of the deaths of three patients in his care has been delayed indefinitely, officials at Lackland Air Force Base in San Antonio said.

No reason is given. But AP reports:

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 . . .

Why did the Army want to keep Major Hasan

November 14, 2009 | The Law Office of Philip D. Cave

There’s plenty of information being put out that Major Hasan had problems, not just with his ideology, but also with his provider skills. So, people ask, why would the Army want to keep him and place him counseling returning or deploying personnel, send him to Fort Hood, and prepare to deploy him. There have been several articles which explain how hard it is to get out of the military, especially if you are a medical professional who was educated at taxpayer expense. I’m not sure this is something that will be fully developed at Major Hasan’s court-martial. But this article in the Washington Post gives a general idea.

U.S. soldiers’ morale down in Afghanistan: Obstacles to getting mental health care cited in Army survey, by Ann Scott Tyson, Washington Post Staff Writer, Saturday, November 14, 2009.

Meanwhile, soldiers in Afghanistan are having greater difficulty getting help for psychological problems, for a variety of reasons, including a shortage of psychiatrists and other mental health workers, the survey showed.