Court-Martial Trial Practice Blog

Lakin update

April 13, 2010 | The Law Office of Philip D. Cave

MSNBC is reporting that the Army does intend a court-martial for LTC Lakin.

How interesting, and perhaps appropriate, American Thinker reports:

Army doctor Lt. Col. Terrence Lakin yesterday met with his brigade commander, Col. Gordon R. Roberts, who proceeded to read LTC Lakin his Miranda rights, and who informed LTC Lakin he had the "right to remain silent" because LTC Lakin is about to be charged with serious crimes. Col. Roberts was at age 19 awarded the Congressional Medal of Honor, the only recipient of the nation’s highest honor currently on active duty in the Army.

Lakin update

April 12, 2010 | The Law Office of Philip D. Cave

Examiner.com asks:

Why would a highly placed, decorated Army officer set to be promoted to colonel risk court-martial by refusing to obey orders?

Military.com reports.

Hennis update

April 12, 2010 | The Law Office of Philip D. Cave

WRAL.com reports:

The family of a former Fort Bragg soldier convicted of killing a Fayetteville woman and two small children in 1985 on Monday begged a military jury not to sentence him to death for the crimes.

The panel of 14 Army officers and enlisted personnel last week found Master Sgt. Timothy Hennis guilty of three counts of premeditated murder and is considering his sentence.

Up periscope

April 12, 2010 | The Law Office of Philip D. Cave

Cleveland Plain Dealer reports:

The last of four soldiers accused of tormenting Pvt. Keiffer Wilhelm, the Huron County teen who killed himself in Iraq last summer, was found guilty of minor offenses and will apparently escape serious punishment.

Staff Sgt. Bob Clements was convicted of obstruction of justice at a court martial that ended Sunday night in Kuwait. He was given a written reprimand and demoted one pay rank, according to a U.S. Army official.

Historical resource

April 11, 2010 | The Law Office of Philip D. Cave

The Army has a new and interesting addition to their Military Legal Resources.

Selected Papers of Edmund M. Morgan, Jr., Regarding the Drafting of the Uniform Code of Military Justice (1948-1949).

In the summer of 1948, in response to a need for a uniform military justice system in the newly reorganized and expanded post-World War II defense establishment, Secretary of Defense James V. Forrestal appointed a committee to draft a uniform code of military justice (UCMJ). Secretary Forrestal selected Gordon Gray (Assistant Secretary of the Army), W.John Kenney (Under Secretary of the Navy), and Eugene M. Zuckert (Assistant Secretary of the Air Force) for the committee. He also selected Felix E. Larkin (Assistant General Counsel, Office of the Secretary of Defense) as Executive Secretary to this committee—known as the "Forrestal Committee"—and appointed Harvard Law professor Edmund Morris Morgan, Jr. (1879-1966) as chair.

Up periscope – WE100410

April 10, 2010 | The Law Office of Philip D. Cave

1. SEALS:

Kokomo Perspective reports that:

Rep. Burton issued the following statement after the Navy dropped several charges against two Navy SEALs who are accused of mistreating terrorist mastermind Ahmed Hashim Abed, the man believed to be responsible for the infamous mutilations of four American contractors in Fallujah, Iraq, in 2004.

Birthers and de facto officers

April 9, 2010 | The Law Office of Philip D. Cave

Oooops, even his own family appears to be dissing’ him according to this report from The Greeley Tribune.

His Greeley relatives are putting distance between themselves and his birther campaign.

Lakin’s father Frank told the Greeley Tribune Friday that his son’s video wasn’t representative of the family. “This does not reflect the opinions or the attitude of the family by any means,” he said. “We’re Obama supporters.”

Up periscope

April 9, 2010 | The Law Office of Philip D. Cave

1. What ever happened to the Coast Guard O-6 in Alaska pending GCM for a host of offenses.

The former Coast Guard Sector Anchorage Commander was awarded the maximum allowable punishment at an Admiral’s Mast Friday and will retire on July 1 in the grade of lieutenant with a general discharge in lieu of trial by a general court-martial.

Capt. Herbert M. Hamilton, III, was relieved of command in May 2009. An investigation conducted by the Coast Guard Investigative Service revealed that Hamilton had inappropriate relationships with several women, including officer and enlisted Coast Guard members, and civilians, over a period of more than 13 years. Hamilton also was charged with misusing government computers and cell phones; making false official statements; and soliciting an enlisted member to destroy evidence. His retirement as a lieutenant in lieu of trial by a general court-martial is the result of a pretrial agreement and Hamilton’s unsatisfactory service in the grades of captain, commander, and lieutenant commander.

Hennis convicted in 2hrs 45 minutes of deliberations

April 8, 2010 | The Law Office of Philip D. Cave

FayObserver reports:

A military jury has found Army Master Sgt. Timothy B. Hennis guilty of three specifications of pre-meditated murder.

The members of the court-martial panel returned with their verdict about 10:35 a.m. They had deliberated for two hours and 45 minutes over Wednesday and today

Up periscope

April 8, 2010 | The Law Office of Philip D. Cave

FayObserver reports:

An 82nd Airborne soldier suspected of sexually assaulting seven women in Fort Bragg, Fayetteville and Hoke County will face a military judge Thursday.

Spec. Aaron Michael Pernell, 22, has been held in military custody at Fort Bragg since his Feb. 1 arrest. He is suspected in two break-ins and a sexual assault in December and a September break-in, all of which occurred on post.