GALESBURG, Illinois – Tonight a Quad City area soldier is in Afghanistan being forced to stay to face charges connected to pictures his mother sent to him. The mother says the pictures were designed to ease the homesickness of life on the warfront but she had no idea they would lead to a child pornography investigation and months of wondering whether the accusations would bring charges.
The child is a relative whom the family says Billy treated as his own child when the girl was diagnosed with cancer as her father went through boot camp. Her father told us he can’t believe the charges, especially since they’re on other family computers and on Facebook pages and no one else has been investigated.
"I feel he is a prisoner of something I sent to him", said Terri, "and I can’t do nothing for him."
The Army says Billy will stay in Afghanistan until he faces court martial or there are other recommendations. The family is worried for Billy’s mental health. They’ve noticed changes that they blame on the months of not knowing and spending nearly 17 months in Afghanistan. They hope he can receive the help he needs soon and hope it comes on American soil.
SEAL case twist
In interesting development.
Neal Puckett, McCabe’s civilian defense lawyer, had opposed delaying the trial but reluctantly agreed to it after three other SEALs expected to testify notified the court they’ve retained their own lawyer.
Kate Wiltrout of The Viginian-Pilot
Separations and recruiting
Us civilian lawyers frequently get questions about recruiting:
Why can’t I join; why can’t I join without a waiver; why is my OTH, GD, RE2 a bar to enlistment.
Here is part of the answer:
CO relieved still has career
The commanding officer of the Yokosuka, Japan-based cruiser Cowpens was relieved of duty Wednesday after being punished for “cruelty and maltreatment” during her time in charge, the Navy announced. In an unusual move, she is being permitted to continue on to an assignment in the Pentagon.
Capt. Holly Graf was brought before an admiral’s mast with Rear Adm. Kevin Donegan, the commander of Carrier Strike Group 5, after an inspector general’s investigation found problems with her “temperament and demeanor vis-a-vis her subordinates,” said Cmdr. Jeff Davis, a spokesman for 7th Fleet.
Her continuing into a job to which she had already been assigned is unusual for a Navy captain who has been relieved; many fired COs are assigned to the staff of their parent command and their careers effectively ended.
CPT Bjork – Evergreen – to go to court-martial
The United States military has decided to refer charges against an Army captain from Evergreen who is accused of ordering Iraqi officers to kill two Iraqi civilians.
Army Times reports.
Single mom to court-martial
The Army has filed court-martial charges against Alexis Hutchinson, an Army cook who refused to deploy to Afghanistan because she couldn’t find anyone to look after her 1-year-old son.
The court-martial charges are AWOL and missing movement, offenses under the UCMJ.
SEAL case #3 status [corrected]
The trial for the Navy SEAL accused of punching an alleged al-Qaida terrorist while in U.S. custody in Iraq has been postponed until May 3, but the trial will remain in Norfolk.
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Capt. Moira Modzelewski granted government prosecutors the continuance on the grounds that most of the evidence in the case is still undergoing a classification review and has yet to be seen by either the prosecution or the defense.
Navy Times reports.
Air Force theft of classified material – OTHIL approved?
Two officers accused of stealing stealing classified material from an underground missile launch facility at Minot Air Force Base in North Dakota have been allowed to resign rather than face courts-martial, the military said Wednesday.
A hearing was held in September 2008 to determine whether Borowiecki would face a trial. A supervisor. Capt. David Walbeck, testified at the hearing that Borowiecki wanted the domino-size device as a souvenir because he thought it would be "a cool thing to have." Walbeck also testified that had the technology been compromised, it could have led to "unintended detonation" of a nuclear missile.
The Air Force later downplayed Walbeck’s statement, saying the launch device is one of many safeguards that must work together to ensure security.
The Air Force has said Borowiecki told officials that Abbas had lied by saying he destroyed his device. The Air Force refused to confirm whether that device remains missing.
LA Times reports.
Another “trust me” case
County authorities have dismissed charges and turned over to the Air Force their investigation of an airman accused of fatally shooting a buddy during a game of “Trust” at an off-base apartment.
Air Force Times reports., that there will be a court-martial instead of a civilian trial.
Collateral consequences – sex offender registration.
Fifty State Survey of Adult Sex Offender Registration Laws
Brenda V. Smith
American University – Washington College of Law; American University – NIC/WCL Project on Addressing Prison Rape
August 1, 2009Abstract:
This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing sexual violence in custody. This chart catalogues statutes that address adult sex offender registration requirements in all fifty states, as well as surrounding territories. This chart provides a list of all registrable offenses; indicates whether sex offender registration is required for staff sexual misconduct; details the type of information maintained in the sex offender registry, community notification and other websites; identifies limitations on residency or employment; and identifies the duration of registration.
Court-Martial Trial Practice Blog










