Uncategorized Category Archives — Page 93 of 116 — Court-Martial Trial Practice Blog Published by International Military Lawyer

How could you?

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

Yes, of course John Galligan is getting that question. We get it all the time. How could you represent so-and-so at court-martial? Here is MichaelTomasky’sBlog.

Banner CNN day: Wolf Blitzer apparently really distinguished himself yesterday by asking Nidal Hasan’s military lawyer, retired Colonel John Galligan, how on earth he could do such a thing[?]

Many in the legal community are critical of President Obama, who as the Commander-in-Chief may have “screwed up” the prosecution of Major Hasan for his acts at Fort Hood.

Technology and the fourth amendment

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

The Wall Street Journal reports:

The only good news out of the Fort Hood massacre is that U.S. electronic surveillance technology was able to pick up Major Hasan’s phone calls to an al Qaeda-loving imam in Yemen. The bad news is the people and agencies listening to Hasan didn’t know what to do about it. Other than nothing.

The other bad news may be that a number of politicians, particularly Hoekstra, having been disclosing this information to the public. No wonder the CIA and other agencies are suspicious of giving “delicate” shall we say information to Congress.

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).

Toobin on toolong

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

CNN Justice reports:

Toobin: Cabinet members may end up negotiating which legal system will try Army Maj. Nidal Malik Hasan, the suspect in last week’s mass shooting at Fort Hood in Texas, CNN senior legal analyst Jeffrey Toobin said Tuesday.

CNN: Would the charges be the same in either case?

Major Hasan – the hardest job

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

Who has the hardest job in the prosecution and defense of Major Hasan, by that I’m talking about the lawyers and the judge.

As many have already observed, the merits portion of Major Hasan’s trial at Fort Hood is likely a done deal, except for the potential mental health issues. I would even argue that it’s not necessary to know why Major Hasan killed a lot of innocent people in a very public way. There are 14 dead (I’m including the fetus) and a score or so physically injured. There are witnesses and apparently the weapon(s) have been found. The police officer who shot him can testify to chain of custody. With that evidence presented to the Members, who needs to know his motive to convict. A group of five to seven live witnesses can testify to victim impact, and have lots of letters standing by. Perhaps get some making a very simple video statement.

The elephant in the room will be his motive regardless of any evidence that he was or tried to associate with terrorists. With all of the media attention this case has and will continue to have, does anybody not understand and believe that regardless of what you tell the Members they will be thinking about what happened and why. That means you don’t need to present evidence of motive. Trying to prove Major Hasan is a terrorist or has terrorist ties isn’t going to aggravate the case any more than it is for a conviction and death penalty sentence. And it’s a conviction and sentence that will stick and not having to spend a long time in appellate review that people want and need.

It’s all Greek to me

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

Military.com reports:

A Marine reservist accused of attacking a Greek Orthodox priest with a tire iron after apparently calling him a terrorist was actually defending himself after being sexually attacked by the cleric, his defense attorney said Tuesday.

Tampa Police report offered a far different account, saying Marakis was lost when he followed Bruce into the garage and asked for help, then was struck with the tire iron and chased several blocks. When officers arrived, Bruce called Marakis a terrorist and said the priest had shouted "Allahu akbar!" — Arabic for "God is great."

Another Stolen Valor Act prosecution

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

CNN reports:

California man is facing a criminal charge for wearing numerous Navy medals despite the fact he never served in the military, federal prosecutors said Wednesday.
A witness “saw Burton wearing a Marine Corps uniform displaying the rank of lieutenant colonel, along with the Navy Cross, the Purple Heart and the Bronze Star[.]

Davis Montham airman not guilty in homicide case

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

The azstarnet reports:

A Davis-Monthan airman was acquitted Tuesday in the slaying of another airman in 2007 during a south-side house party, an official said.

A court martial panel found Senior Airman Philip Andre Howard not guilty of the June 2007 death of Airman 1st Class Brian Santos, said Capt. Stacie Shafran, a D-M spokeswoman.

Major Hasan — a new twist

November 10, 2009 | The Law Office of Philip D. Cave

The LifeSiteNews.com is reporting:

While Hasan recovers at the Brooke Army Medical Center in San Antonio, the Army is readying itself to charge Hasan in military court, where he could face the death-penalty. But prosecutors will have to charge Hasan under the Uniform Code of Military Justice (UCMJ), which was amended in 2004 to include “Laci and Conner’s Law” or the Unborn Victims of Violence Act (UVVA).

The UVVA requires that the justice system charge the perpetrator of a violent crime against a pregnant woman, resulting in death or bodily injury to her unborn child, with committing a separate and distinct offence against the mother’s unborn child. The law specifies that the punishment applied for the injury or death of the child must be the same – with the exception of the death penalty – as if “that injury or death occurred to the unborn child’s mother.”

Major Hassan’s concealed carry application in VA

November 10, 2009 | The Law Office of Philip D. Cave

Gawker, an unusual blog has information about Major Hasan’s application for a concealed carry permit in VA. Fort Hood, like all military installations, will have a regulation concerning the possession and carrying of weapons on post. Usually the weapon has to be stored in the Armory.

Here is the complete application. The blog also notes:

Before 1995, according to the Roanoke County Circuit Court clerk’s office, Virginia law required a psychiatric evaluation and documented explanation for why a resident needed to carry a concealed handgun. But by the time Hasan applied in October 1995, all that was required was a criminal background check and certification of a gun safety course. For some reason proof of having completed individual infantry training in the U.S. Army (next slide) was not enough for the Commonwealth of Virginia when it came to gun safety and Hasan had to take an NRA course as well.