Lot here today. Catching up after a contested trial at Fort Bragg. I’ll update the Lakin page after today’s “events.”
Kate Wiltrout reports the retrial of Richard Mott at NOB, NorVA.
Almost two years after a Navy judge found Seaman Richard Mott guilty of attempted premeditated murder and sentenced him to 12 years in prison, he got a second chance this week to plead his case before a new judge and a military jury.
Here is a piece from Kitsap Sun:
A doctor who is being expelled from the Navy was charged by Kitsap County prosecutors Thursday with failing to register as a sex offender, according to attorneys familiar with the case.
State law requires people convicted of certain sex crimes to register as sex offenders within three days of arriving in a new state.
The Department of Defense announced Wednesday that President Barack Obama has nominated Lavelle to be reinstated to the rank of general, the highest in the armed forces. Lavelle died in 1979, seven years after he was forced to retire and was demoted to major general. A general wears four stars; a major general, two. Lavelle, a graduate of Cathedral Latin School and John Carroll University, had been accused of ordering unauthorized bombing raids on North Vietnam and falsifying records about the missions. It was later revealed that the accusations were unfounded.
Miami Herald reports on some blowback from the McChrystal issues.
Army Times reports that:
President Obama has nominated a Cedar Rapids-based assistant U.S. attorney to serve as brigadier general in the Army Reserve and chief judge of the Army Court of Criminal Appeals.
Navy Times reports:
A former Navy officer who was serving time for hiring someone to kill his wife was killed in a Kansas military prison a month before he was supposed to be released.
Officials at Fort Leavenworth say 54-year-old former Navy Lt. Cmdr. Michael Fricke was beaten with a baseball bat by another inmate on July 24. He died Thursday after his family authorized taking him off life support.
There’s something for everyone out of a number of Navy and Coast Guard cases.
Defense Counsel.
When the military judge wrongly announces a sentence which will inure to your client’s benefit, generally you should keep you mouth shut. But, once you get the SJAR, double check the SJAR against the record. See United States v. Spears below. My perception is there is an increase in the number of error in SJAR’s which the trial defense counsel has failed to comment on. I posted on United States v. Newby yesterday. So what you say, he got relief, good for him. The appellant in Spears will now have a lot of trouble dealing with DFAS to get back the unauthorized forfeitures that’s the problem now. Whereas if the issue had been caught at the time of the SJAR it might have been easier to resolve. Yes I know there are many SJA’s out there who would have pressed forward with the erroneous advice anyway.
Spanish National Court Judge Santiago Pedraz issued an arrest warrant [text, in Spanish; PDF] Thursday for three US troops suspected of gunning down Spanish journalistJuse Couso [advocacy website, JURIST news archive] in Iraq. Couso, a television cameraman, was killed in 2003 when a US tank fired into the Palestine Hotel in Baghdad.
www.army.mil reports that:
A former U.S. Army contractor was arrested today in Newport News, Va., for allegedly killing one sailor and seriously injuring another in a vehicular collision in Kuwait[.]
Hanks is charged under the Military Extraterritorial Jurisdiction Act (MEJA), a statute that gives U.S. courts jurisdiction to prosecute crimes committed outside the United States by, among others, contractors or subcontractors of the Department of Defense. If convicted, Hanks faces up to 10 years in prison.
The case was investigated by the U.S. Army’s Criminal Investigative Division and is being prosecuted by Senior Trial Attorneys Micah D. Pharris and Steven C. Parker of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Eric Hurt for the Eastern District of Virginia.
United States v. Newby has been decided and has a reminder for trial defense counsel.
The military judge made a clemency recommendation.
The SJAR failed to note the clemency recommendation.
CAAF has issued an opinion in United States v. Nerad. RYAN, J., delivered the opinion of the Court, in which EFFRON, C.J., and ERDMANN, J., joined. BAKER, J., filed a separate opinion concurring in the result. STUCKY, J., filed a separate dissenting opinion.
Nerad gets a remand to AFCCA for the court to clarify it’s ruling.
Court-Martial Trial Practice Blog
