Thanks to safeguardourconstitution.com we have the Article 32, UCMJ, IO’s written ruling on several matters in LTC Lakin’s case.
Note, “the Army” did not refuse the defense requests. The IO did, acting in his role assigned under Article 32, UCMJ, and R.C.M. 405. This is what I would have expected MAJ Kemkes, the military defense counsel to have told LTC Larkin, and by inference, Mr. Jensen.
Sad, the defense was actually given the opportunity to submit a legal memorandum giving detailed facts and legal arguments to support production of evidence under R.C.M. 405(f)(9), (10). Inexplicably the defense failed to do that. I do not see any military judge saying that the IO’s determination was wrong. Especially as the defense failed to attempt an argument. I would suggest the issue is waived, at least as to the Article 32, UCMJ, hearing. It seems very hard to argue, unfair even, to criticize “the Army” or the “IO” from hiding the ball if, having been given fair notice and an opportunity to argue, the defense waives or fails to exercise the opportunity to state their position with particularity supported by law.
Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my...
Rob
I was facing accusations that would not only ruin my career but my life. When I hired Mr. Freeburg, he gave me the hope that everything would be turn out great. He put a great team together along with my...
Air Force Anonymous
Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're...
Bryan
Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...
Navy Anonymous
Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to...
Crystal
Mr. Freeburg is passionate about justice and upholding the law and dignity of the court. He is brave and bold in his ability to represent his clients amidst the attempted intimidation and procedural pressure...
Navy Represented
The Army and prosecution was pushing for me to take a Chapter 10. But Mr. Freeburg made me confident we could win. We went to trial and he crushed them in cross examination and he saved my career.
