Adding to this years catalog of Navy CO’s fired the Navy Times reports.
The Navy has fired the commanding officer of the attack submarine Memphis as 10 members of his crew are under investigation in an alleged cheating ring involving shipboard training exams, according to a Navy release.
See prior post here about Relief for Cause of Navy commanding officers.
Fox News reports
A key intelligence report that could aid accused Fort Hood shooter Maj. Nidal Hasan’s defense is being withheld by the Obama administration, according to a letter obtained by Fox News as part of its ongoing investigation of a radical American cleric. . . . . John Galligan, Hasan’s defense attorney, told Fox News that he requested the White House intelligence report nearly a year ago, and it is only now that he has officially been told the information will not be available.
Reuters reports:
Lawyers for one of five U.S. soldiers accused of murdering unarmed Afghan civilians for sport petitioned a military appeals court on Thursday to open grisly photographic evidence in the case to public scrutiny.
The writ also sought to have the court in Arlington, Virginia, halt the so-called Article 32 investigative proceedings against the soldier, Private First Class Andrew Holmes, until the U.S. Army Court of Criminal Appeals had ruled on the defense petition.
CAAF has decided United States v. Alston.
Whether the military judge, over appellant’s objection, erroneously instructed the panel that aggravated sexual assault was a LIO of rape by force. No; elements test applied, see United States v. Jones, 68 M.J. 465, 472 (C.A.A.F. 2010).
WDAY 6 reports.
A master sergeant at Grand Forks Air Force Base is facing a court-martial late this month for alleged dereliction of duty.
The attorney for Master Sgt. Lisa Mashburn says she will be exonerated.
The media is reporting that the IO has recommended a death penalty referral. Quick but not unexpected.
Norbrook has a good piece here on Blue Wave News about Conscience and Duty. Worth a read.
And TPMMuckraker has this piece.
In the lead-up to the court martial, the American Patriot Foundation, the group that set up his legal defense fund, launched "Terry Lakin Action Week," and invoked Nuremberg to argue Lakin’s case[.]
Stars & Stripes reports.
A former airman has been convicted of second degree murder and witness tampering in connection with the death of an Army sergeant during a gang initiation ceremony in Germany.
Six other servicemembers have already been tried in military court in connection with the incident. Five received jail time ranging from two to 12 years. The sixth servicemember was found not guilty on all charges.
The U. S. Supreme Court denied a writ of certiorari today in United States v. Clayton.
Sorry Bill.
Barring anything unforseen it appears the Article 32, UCMJ, hearing will be finished with “evidence” today. Army Times reports.
The hearing was expected to wrap up Monday because lead defense attorney John Galligan has said he doesn’t plan to present any evidence. Military law experts say it’s not unusual for defense attorneys to forgo presenting evidence at Article 32 hearings, which are held to determine whether charges should move forward in military court.
Court-Martial Trial Practice Blog
