Court-Martial Trial Practice

Man sentenced to military after making threat
Philip D. Cave

That is the headline from the Navy Times: A judge has sentenced a former university student to join the military for a post he made on Facebook that led to a lockdown at Faulkner University here. Zachary Lambert, 23, agreed to plead guilty to the misdemeanor charge of harassing communications for a message that made…

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More bulk prosecutions?
Philip D. Cave

Yesterday I posted a Ramrod Five update and also the possibility that Dutch prosecutors may proceed against peacekeepers. Now UPI is reporting that: A military prosecutor says she may pursue charges against several Australian troops in a raid in Afghanistan last year in which five children died. Brig. Lyn McDade, the director of military prosecutions,…

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Ramrod Five update 5
Philip D. Cave

According to the Olympian: A total of 12 soldiers from Joint Base Lewis-McChord face charges in a widening web of alleged misdeeds and conspiracy from their yearlong deployment to Afghanistan. . . . The seven new defendants were charged this month with 33 charges, with the common thread being conspiracy to commit assault. It was…

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Investigator context testimony
Philip D. Cave

I have been routinely filing a motion in-limine in cases where I expect the prosecution witnesses, typically law enforcement or DFAS, to be providing context testimony. There are several bases to object: hearsay is bootstrapped, there is implied human lie detector testimony, there are Mil. R. Evid. 701 fact wrapped and disguised as to expert…

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Ex-Contract Killer Charged With ID Theft
Philip D. Cave

WHBL News Radio has this interesting piece. Kurtis Armann was paroled from a federal prison in Ohio last year. U.S. Marshals arrested him in Brookfield in January – and they said they found driver’s licenses and an Army Reserve ID which Armann allegedly used to make fraudulent purchases. When he was released, Armann had served…

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Ramrod Five update 4
Philip D. Cave

Military.com reports: Last December, Army Staff Sgt. Calvin Gibbs began joking with other Soldiers about how easy it would be to “toss a grenade” at Afghan civilians and kill them, according to statements made by fellow platoon members to military investigators. . . . The Seattle Times has reviewed court documents — filed by a…

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Up periscope
Philip D. Cave

Huffington Post is reporting on the Toussaint case. A senior chief who was censured by the Secretary of the Navy for hazing sailors under his command may retire with a full pension, Navy officials say. Since it was announced last October, the terms of Michael Toussaint’s retirement have come under scrutiny that is unprecedented for…

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Sounds familiar
Philip D. Cave

Military courts martial do not sacrifice fairness Re: Military justice system was not fair to Semrau, THE OTTAWA CITIZEN AUGUST 9, 2010 Aug. 4. I wish to clarify some misconceptions about the roles and responsibilities of the key actors at a court martial and illustrate that courts martial are indeed rigorously fair.

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Davila case all but over
Philip D. Cave

KOMONews.com reports that: The Army specialist who admits she murdered a Pierce County couple then kidnapped their baby two years ago will spend the rest of her life behind bars without the possibility of parole. In the conclusion to the court martial of Specialist Ivette Davila, military judge Colonel Stephen R. Henley also reduced Davila’s…

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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

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Crystal

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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.

Vince

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