Articles Tagged with pretrial confinement

Among others, the Virgin Islands Daily News reports that:

U.S. Army officials have charged a staff sergeant in the U.S. Army Reserves, a St. Croix native, with the premeditated murder of his supervisor, who was shot multiple times last week at Fort Gillem in Georgia, where the two men were stationed. . . .

A pretrial confinement hearing held Friday determined Valmont will remain in pretrial confinement.

An Army intelligence analyst suspected of leaking classified information to Wikileaks has still not been charged with any crime, three weeks after being arrested and put in pre-trial confinement.

This is not an unusual time.  Under Article 10, UCMJ, the government has a 120 window.  However, that does not mean that the charges can or will be dismissed if the government takes longer than the 120 days.

However, in the meantime here is some of the back-story which may have some relevance to SPC Manning currently in pretrial confinement at Camp Arifjan.

Here’s the scenario:

Client is convicted at court-martial.  Sentencing is to take place the next day, or a Monday after a Friday conviction.  Based on the charges and the evidence there’s a reasonable likelihood the client will get some confinement.  The command wants to put the client in pretrial confinement pending sentencing.  Can they?

1.  If the client was already confined, the confinement can be continued.

Hasan is paralyzed from the chest down and bedridden in a military hospital in San Antonio, says Galligan. He says the U.S. Army command has imposed rules that allow for a closed-circuit television camera in Hasan’s room for Hasan’s and others’ safety; bar visits from anyone except Hasan’s family members and his lawyers and limit those visits to one hour (Galligan does not know if this time limit is per day or per visitor); require all visitors to provide picture identification; restrict all communications with Hasan to English; and require that an interpreter be present if another language is spoken. reports.

I don’t have any legal quibble with restricting visitors to family members.  That’s certainly the type of discretion and restriction you might see in pretrial confinement facilities, as well as post-trial situations.  Visitation has to be a balance between allowing visits and concerns for security.  As most regulations say:

Belton, Texas, solo John Galligan, who represents Maj. Nidal Malik Hasan, says he has added a close relative of Hasan’s from out of state to the defense team as of Tuesday. Hasan, the Army psychiatrist who allegedly went on a shooting spree at Fort Hood on Nov. 5, is facing a possible court martial.

Galligan says he added the relative to make it possible for that relative to visit with Hasan for more than a few hours a week and to do so without being observed and possibly videotaped by Army investigators. Galligan declines to identify the relative. reports.

Attorney John Galligan says Maj. Nidal Hasan has excessive restrictions — including a rule barring any visitors when his attorneys are in his hospital room.

Air Force Times reports.

This same rule operates at the pretrial confinement facility.  The Brigs are pretty good about letting counsel in to visit for “legal visits.”  But there are restrictions on mingling of family visits and “professional” visits.

Article 13, UCMJ, prohibits pretrial punishment.

In United States v. Turner, NMCCA 200401570 (N-M.C. Ct. Crim. App. 22 December 2009), the court found pretrial punishment and set-aside the BCD.  This may be somewhat pyrrhic because the sentence was adjudged in 2001.  That means the appellant has been on unpaid appellate leave since 2001.  In his claim for post-trial delay he does not assert that being on appellate leave without a DD214 was prejudicial.

When the ship returned from its brief underway period, the appellant was brought from the
pretrial confinement facility to appear before the Captain and crew at a public mast (“mast” is frequently understood to mean nonjudicial punishment proceedings, but it also includes award ceremonies and individual meetings held at a service member’s request). After the Captain informed the appellant and the crew that the charges were being referred for trial, the appellant returned to pretrial confinement.

The lead defense lawyer for accused Fort Hood shooter Maj. Nidal Malik Hasan said Monday that he believes the Army is violating Hasan’s religious rights because it prohibited him from praying from the Koran in Arabic with a relative.

Attorney John P. Galligan said he learned that police guarding Hasan at Brooke Army Medical Center in San Antonio cut short a phone conversation Hasan was having with one of his brothers on Friday because Hasan was not speaking in English.

San Antonio Press News reports.

The man accused of the Fort Hood shooting rampage is facing tighter restrictions on his communication with the world outside the hospital room, where he lies paralyzed from the chest down, his lawyer said Monday.

The lawyer, John P. Galligan, said Maj. Nidal Malik Hasan fell asleep during an hour-long hearing held at his hospital bed on Saturday, during which a military magistrate ruled that the suspect should be placed in pretrial confinement. That is a legal status that essentially turns his hospital room, at Brooke Army Medical Center in San Antonio, into a jail cell.

He added that he is concerned the Army plans to move Maj. Hasan to Bell County jail here, which is under contract with Fort Hood to serve as a brig, when house-arrest might be more appropriate.

I just commented on two incidents involving suspicious actions by soldiers; one at Fort Campbell and one near Fort Leonard Wood.

Army Times now reports:

A box of hollow-point bullets and an anonymous note threatening an incident like the one at Fort Hood, Texas, were discovered Thursday at Fort Benning, Ga., sparking a criminal investigation and greater police presence, a witness told Army Times.According to a witness at the scene, a box of 20 hollow-point shells and a handwritten note were found in the motor pool area between 1st Battalion and 2nd Battalion, 29th Infantry, under the 197th Infantry Training Brigade.“The note said ‘tell the commanding general to call off all charges or there will be a re-enactment of Fort Hood,’ ” the witness told Army Times. He spoke on condition he wouldn’t be identified.

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