Court-Martial Trial Practice

Courtesy of Professor Friedman:

It’s going to be a little while before I offer comments directly on Williams. But meanwhile, here are thepetition for certiorari, the state’s brief in opposition, the reply by Williams, and the crucial testimony ofSandra Lambatos.

TBO.com reports that:  The mother of [Kiel M. Johanson] a Coast Guard chief who is being kicked out of the service over a hazing incident says her son is the victim of a "witch hunt" and is going to appeal his court martial.  I believe the older Navy terms included “pink belly” and “greasing.”  I seem to remember from defending such cases back in the 80’s.

LTC Lakin, he is still a lieutenant colonel, comments on his appeal (reported on Military.com).

"Realistically, I understand that a very small fraction [of appeals] get reviewed and a smaller fraction get overturned or anything," Lakin said. "But the appeals attorney has some issues he wants to bring up."

I would imagine that the evidence on the missing movement would be an issue.  He contested that charge, and my sense was that there were times of uncertainty in the evidence.  Ultimately though, the members decided the issue against LTC Lakin.  Will the ACCA, using its awesome plenary powers of de nove review reverse.  Always a possibility, but will that affect the sentence – assuming ACCA sets-aside the MM conviction?

Professor Friedman, a true guru of “confrontation” issues notes:

It appears that the next case in the Melendez-Diaz line will come very quickly. The Supreme Court granted cert today in Williams v. Illinois, No. 10-8505, seeking review of People v. Williams, 939 N.E.2d 268 (Ill. 2010). The case presents the issue of what I have called the "not for the truth" end-run in the context of expert evidence: The Illinois Supreme Court held that the absent analyst’s report was introduced not for the truth of what it asserted but rather "to show the underlying facts and data [the in-court witness] used before rendering an expert opinion in this case." I will write something more substantive on this later.

And he opines a little with early thoughts on Bullcoming.

There was a piece over the weekend that Bozivech would have his sentencing today.  It appears it will be delayed until 8 August, reports the Miami Herald.

Goffman on the Jury:  Real Juror’s Attention to the “Offstage” of trials.

Social psychologist Erving Goffman, in his classic work The Presentation of Self in Everyday Life, provides a framework that explains why jurors may turn their attention at the courthouse to information not formally presented from the witness stand. We dub this “offstage observation,” a type of juror behavior that has not been systematically examined empirically. Analyzing a unique data source of 50 actual jury deliberations in civil trials, we find that jurors do look to the offstage in evaluating the claims of the parties. However, in contrast to predictions, these observations played a surprisingly minor role in the jury deliberation process.

Stars & Stripes reports on some “new” developments at the [in]famous USACIL.

The military’s premier crime lab should be a place of sober scientific research, but lately it seems more like the set of a soap opera consumed with scandal and intrigue.

In less than four years, at least six internal investigations have been launched and six complaints filed against managers. The accusations and counter-accusations include racism, sexual harassment, assault and fraud.

Several items crossed my .net over the last few days.  The topic is not new and will remain with us for some time.

Army Times reports:

Officials at Joint Base Lewis-McChord believe they’re making progress against the stigma that keeps some soldiers from getting help for mental health issues.

Daily Journal blog is reporting that Bozicevich goes back to court on Monday for his sentencing hearing.

Many years ago I spent a lot of time prosecuting and defending “pack rats.”  There was a slew of “national security cases” in the late 1980’s, post-Walker.  It appears there is a new name for personnel who took classified material home either by accident (in the briefcase or notebook), or because they wanted to have them as examples for future work.  That was in the days before just about everything was available in digits and electronically.  Dwight “My Liege” Sullivan will remember, but won’t tell, such a case – McGuinness., 35 M.J. 149 (N.M.C.M.R. 1992); actually this would be when DMLS and I first “met.”

Now it is called “electronic spillage.”  Interesting, just keeping up with the times.

Navy Times reports: