Articles Posted in court-martial

Fort Lewis murder case
Philip D. Cave

Seattleweekly.com reports: Having now admitted to murder, Fort Lewis Spc. Ivette Davila today awaits word on whether she will face the death penalty for it. Davila, 23, an Army chemical specialist, is charged with killing Staff Sgt. Timothy Miller and Sgt. Randi Miller in their Parkland home March 2, 2008, soaking their bodies in muriatic…

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Chessani board
Philip D. Cave

Stars & Stripes reports: A prosecutor has argued that a Marine Corps officer facing demotion failed to fully disclose and investigate the killing of two dozen Iraqi men, women and children by Marines under his command. But a defense attorney called the retired officer a highly qualified leader who took the fall amid political pressure…

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More “incidents”
Philip D. Cave

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…

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UP: News roundup
Philip D. Cave

Army Times reports that Major Hasan has had or is about to have a pretrial confinement hearing at Fort Hood. A hearing is required within certain time periods under R.C.M. 305. R.C.M. 305 is a regulation in the manual for courts-martial that implements due process for someone detained for a crime. The military does not…

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Major Hasan on trial at NPR
Philip D. Cave

As CAAFLog has pointed out, it appears that Major Hasan will be tried by media. Someone at the National Capital Consortium, Psychiatry Residency Program, Walter Reed Army Medical Center has released a letter to the Credentials Committee. No word on the WRAMC AR 15-6 into this unauthorized disclosure. One of the common “defenses” raised at…

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AF Nurse DNR case does begin
Philip D. Cave

DallasNews.com reports: Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths. I think what they mean is that in the court-martial opening statement the defense said .…

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NMCCA has 6 new decisions – 1 reversed for IAC
Philip D. Cave

NMCCA has issued six new decisions, of which four are merits. United States v. Maharrey, post-trial delay case. United States v. Thornton. Appellant raises ineffective assistance of counsel (IAC) and sufficiency of the evidence. The findings and sentence are set-aside based on the IAC. The IAC relates to several issues: failure to properly advise on…

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Major Hasan’s war crimes trial requests
Philip D. Cave

Military.com reports: Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added) Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon…

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Army about to help the defense with discovery and preparation
Philip D. Cave

I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood. Homeland Security committee begins collecting discovery for the Major Hasan defense team. It’s not clear yet, but it looks like the Army and Department of Defense might also be…

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