Articles Posted in pretrial confinement

Fort Gillem shooting update 5
Philip D. Cave

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…

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Wiki[shush]-Manning update
Philip D. Cave

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…

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Pretrial confinement post-conviction
Philip D. Cave

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.…

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Major Hasan update pretrial confinement conditions.
Philip D. Cave

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…

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Major Hasan update – is this wise
Philip D. Cave

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…

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Major Hasan and his restriction
Philip D. Cave

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…

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NMCCA sets aside BCD for Article 13 credit
Philip D. Cave

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…

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Major Hasan pretrial punishment?
Philip D. Cave

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…

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Major Hasan’s pretrial confinement hearing
Philip D. Cave

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…

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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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