Case against soldier accused in mass shooting faces many
Posted by
Michael Waddington
on Wednesday, November 11, 2009
Legally, 'we're in for a long haul'
Case against soldier accused in mass shooting faces many hurdles
By LYNSI BURTON and STEWART M. POWELL
WASHINGTON BUREAU
Posted at http://www.chron.com/disp/story.mpl/hotstories/6710592.html
Nov. 9, 2009, 9:57AM
UPDATE (10:52 a.m. Monday): An Army hospital spokesman says the Fort Hood shooting suspect is conscious and able to talk.
• • •
WASHINGTON — As Maj. Nidal Malik Hasan lay under heavy guard at Fort Sam Houston on Sunday, military prosecutors and the accused Fort Hood gunman's family were preparing for what could be a long and complicated legal proceeding.
Military justice experts told the Houston Chronicle that Hasan, if he recovers, could face the death penalty in a military court-martial — unless civilian prosecutors conclude that he was part of a terrorist plot that would justify moving his case into federal criminal courts under U.S. anti-terrorism laws.
But veterans of the military justice system say that any case against Hasan could take many months and could be delayed by medical assessments of the Army officer's physical and mental health. And even if a death sentence is handed down, the military justice system's lengthy appeals process has effectively thwarted all executions since 1961.
“We're in for a long haul,” said Scott L. Silliman, a retired career JAG officer in the Air Force who now directs Duke University Law School's Center on Ethics and National Security.
The Army “will not try to move the case too quickly because that might build in a problem down the road,” he added. “They're doing all their spade work. There's not a rush.”
As the probe proceeds, the case against Hasan will be complicated by questions of whether he was sane at the time of the shootings or if he can get a fair trial at Fort Hood.
Indeed, prominent figures – from his base commander, Lt. Gen. Robert Cone, to his commander-in-chief, President Barack Obama – have publicly identified him as the alleged assailant. On Sunday, Army Chief of Staff George Casey said on ABC's This Week program that Army investigators currently believe that Maj. Hasan was the lone gunman.
“That is where they are now,” Casey said, before adding, “We need to let the investigation take its course.”
Hasan has not yet been charged with any crime in either the civilian or military justice systems. Richard Durbin, chief of the criminal section for the U.S. Attorney's Office in San Antonio, declined comment on any potential charges Sunday, declaring, “I'm not going to go there.”
How it might play out
But military justice experts say they have no doubt that charges are coming amid massive eyewitness evidence that Hasan was the man who opened fire inside Fort Hood last Thursday afternoon.
“That he was the perpetrator doesn't seem to be much in doubt,” said Gene Fidell, president of the National Institute of Military Justice and a military law professor at Yale Law School. “The question seems to be the scope of the offense and what defense might be available.”
Because the case is so highly publicized, experts say the military is likely to offer his defense wide latitude.
“Whatever happens, the process will be transparent, the process will be fair, and this guy will get as good defense representation as anyone could hope for,” said Geoff Corn, military law professor at South Texas College of Law.
What's likely to occur is a court-martial under Article 2 of the Uniform Code of Military Justice, to punish offenses allegedly committed by a man wearing a U.S. military uniform against other military personnel on a military base. The Army's Criminal Investigation Division is responsible for recommending charges, prompting the military equivalent of a grand jury, known as an Article 32 hearing, where both prosecutors and defense can present evidence.
Those results would be reviewed by base commander Cone, who would decide whether to convene a court-martial. The 12-person jury would be composed of officers higher in rank than Hasan – lieutenant colonels and above.
Under the rules of military justice, Hasan is permitted to have a lawyer present during interrogation, but former military lawyers say that the Army psychiatrist cannot be questioned by Army Criminal Investigation Division agents until doctors formally deem him medically and mentally able.
“A doctor would have to certify that the suspect is competent to decide whether to remain silent, speak to investigators or ask for a lawyer,” Silliman said. “He would have to be able to make an intelligent and informed decision before waiving any of his rights.”
Family's request
Hasan's family is demanding that he be allowed to consult with a lawyer before speaking to investigators or mental health professionals. In a statement released to the news media on Saturday, Hasan's brother Eyad declared that his family has “faith in our legal system and that my brother will be treated fairly.”
“We hope that the relevant authorities will provide us with information on my brother's condition and that he be afforded his right to an attorney the moment he regains consciousness,” Eyad Hasan wrote.
The family declined to elaborate on Sunday.
Lawyers who have been involved in past court-martial cases say it is likely that any trial of Hasan would be moved from the site of the shootings because the large number of victims and the pretrial climate at the base make a fair trial problematic.
“If I were a betting person, I would expect the venue would be changed,” Fidell said. “That's not to say it would make much difference (where the case is tried). It's going to be a challenge wherever this trial takes place.”
One military justice expert also predicted that an insanity defense is unlikely. Silliman said the standard for an insanity defense under the Uniform Code of Military Justice is that the suspect “cannot comprehend the wrongfulness of his actions.”
Post-traumatic stress disorder alone “does not equate to insanity,” Silliman said. “It is a matter to be considered for lessening punishment, but it is not a defense.”
While the death penalty remains an option for military prosecutors, it is carried out much less frequently in the Armed Forces than in civilian settings.
Just 15 of 47 service members charged with capital crimes in recent decades have received a death sentence, and none has been executed since 1961.
Also contributing to this report were Richard S. Dunham in Washington and Vianna Davila in San Antonio.
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Case against soldier accused in mass shooting faces many hurdles
By LYNSI BURTON and STEWART M. POWELL
WASHINGTON BUREAU
Posted at http://www.chron.com/disp/story.mpl/hotstories/6710592.html
Nov. 9, 2009, 9:57AM
UPDATE (10:52 a.m. Monday): An Army hospital spokesman says the Fort Hood shooting suspect is conscious and able to talk.
• • •
WASHINGTON — As Maj. Nidal Malik Hasan lay under heavy guard at Fort Sam Houston on Sunday, military prosecutors and the accused Fort Hood gunman's family were preparing for what could be a long and complicated legal proceeding.
Military justice experts told the Houston Chronicle that Hasan, if he recovers, could face the death penalty in a military court-martial — unless civilian prosecutors conclude that he was part of a terrorist plot that would justify moving his case into federal criminal courts under U.S. anti-terrorism laws.
But veterans of the military justice system say that any case against Hasan could take many months and could be delayed by medical assessments of the Army officer's physical and mental health. And even if a death sentence is handed down, the military justice system's lengthy appeals process has effectively thwarted all executions since 1961.
“We're in for a long haul,” said Scott L. Silliman, a retired career JAG officer in the Air Force who now directs Duke University Law School's Center on Ethics and National Security.
The Army “will not try to move the case too quickly because that might build in a problem down the road,” he added. “They're doing all their spade work. There's not a rush.”
As the probe proceeds, the case against Hasan will be complicated by questions of whether he was sane at the time of the shootings or if he can get a fair trial at Fort Hood.
Indeed, prominent figures – from his base commander, Lt. Gen. Robert Cone, to his commander-in-chief, President Barack Obama – have publicly identified him as the alleged assailant. On Sunday, Army Chief of Staff George Casey said on ABC's This Week program that Army investigators currently believe that Maj. Hasan was the lone gunman.
“That is where they are now,” Casey said, before adding, “We need to let the investigation take its course.”
Hasan has not yet been charged with any crime in either the civilian or military justice systems. Richard Durbin, chief of the criminal section for the U.S. Attorney's Office in San Antonio, declined comment on any potential charges Sunday, declaring, “I'm not going to go there.”
How it might play out
But military justice experts say they have no doubt that charges are coming amid massive eyewitness evidence that Hasan was the man who opened fire inside Fort Hood last Thursday afternoon.
“That he was the perpetrator doesn't seem to be much in doubt,” said Gene Fidell, president of the National Institute of Military Justice and a military law professor at Yale Law School. “The question seems to be the scope of the offense and what defense might be available.”
Because the case is so highly publicized, experts say the military is likely to offer his defense wide latitude.
“Whatever happens, the process will be transparent, the process will be fair, and this guy will get as good defense representation as anyone could hope for,” said Geoff Corn, military law professor at South Texas College of Law.
What's likely to occur is a court-martial under Article 2 of the Uniform Code of Military Justice, to punish offenses allegedly committed by a man wearing a U.S. military uniform against other military personnel on a military base. The Army's Criminal Investigation Division is responsible for recommending charges, prompting the military equivalent of a grand jury, known as an Article 32 hearing, where both prosecutors and defense can present evidence.
Those results would be reviewed by base commander Cone, who would decide whether to convene a court-martial. The 12-person jury would be composed of officers higher in rank than Hasan – lieutenant colonels and above.
Under the rules of military justice, Hasan is permitted to have a lawyer present during interrogation, but former military lawyers say that the Army psychiatrist cannot be questioned by Army Criminal Investigation Division agents until doctors formally deem him medically and mentally able.
“A doctor would have to certify that the suspect is competent to decide whether to remain silent, speak to investigators or ask for a lawyer,” Silliman said. “He would have to be able to make an intelligent and informed decision before waiving any of his rights.”
Family's request
Hasan's family is demanding that he be allowed to consult with a lawyer before speaking to investigators or mental health professionals. In a statement released to the news media on Saturday, Hasan's brother Eyad declared that his family has “faith in our legal system and that my brother will be treated fairly.”
“We hope that the relevant authorities will provide us with information on my brother's condition and that he be afforded his right to an attorney the moment he regains consciousness,” Eyad Hasan wrote.
The family declined to elaborate on Sunday.
Lawyers who have been involved in past court-martial cases say it is likely that any trial of Hasan would be moved from the site of the shootings because the large number of victims and the pretrial climate at the base make a fair trial problematic.
“If I were a betting person, I would expect the venue would be changed,” Fidell said. “That's not to say it would make much difference (where the case is tried). It's going to be a challenge wherever this trial takes place.”
One military justice expert also predicted that an insanity defense is unlikely. Silliman said the standard for an insanity defense under the Uniform Code of Military Justice is that the suspect “cannot comprehend the wrongfulness of his actions.”
Post-traumatic stress disorder alone “does not equate to insanity,” Silliman said. “It is a matter to be considered for lessening punishment, but it is not a defense.”
While the death penalty remains an option for military prosecutors, it is carried out much less frequently in the Armed Forces than in civilian settings.
Just 15 of 47 service members charged with capital crimes in recent decades have received a death sentence, and none has been executed since 1961.
Also contributing to this report were Richard S. Dunham in Washington and Vianna Davila in San Antonio.
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Court Martial Case against soldier accused in Fort Hood shooting is being prepared
Posted by
Michael Waddington
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Soldier arrested over demonstration faces court martial
Posted by
Michael Waddington
Soldier arrested over anti-war demonstration faces court martial
A soldier who faces charges of desertion for refusing to return to Afghanistan has been arrested and charged with five further offences after joining an anti-war demonstration.
Published: 7:00AM GMT 11 Nov 2009
Lance Corporal Joe Glenton led a protest in London last month against the continued presence of British troops in Afghanistan.
He was already facing a court martial but according to the Stop the War Coalition the new charges carry a maximum of 10 years imprisonment.
The anti-war group called for the soldier's release and accused the Ministry of Defence of trying to stop his freedom of speech.
The group's convener Lindsey German said: ''This is not about breach of military regulations. In the last few days a range of military personnel have been speaking in the media in defence of this appalling war. I doubt if any of them have been arrested.
This is about the persecution of a soldier who believes in telling the truth in accordance with his conscience.
He is saying what the majority of the population believes - that this war is unwinnable and immoral. The anti-war movement will be doing everything possible to get him released.''
In October L/Cpl Glenton, 27, from the Royal Logistics Corps, addressed a rally of more than 5,000 anti-war protesters packed into London's Trafalgar Square.
He told the crowd he had witnessed sights during his time in Afghanistan that forced him to question the morality of his role.
Married L/Cpl Glenton, from Norwich, had said: "I'm here today to make a stand beside you because I believe great wrongs have been perpetrated in Afghanistan.
"I cannot, in good conscience, be part of them. I'm bound by law and moral duty to try and stop them.
"I'm a soldier and I belong to the profession of arms. I expected to go to war but I also expected that the need to defend this country's interests would be legal and justifiable. I don't think this is too much to ask.
"It's now apparent that the conflict is neither of these and that's why I must make this stand."
An MoD spokesman said: "I can confirm that disciplinary action against a serving soldier from the Royal Logistics Corps is currently in progress.
"As this matter is subject to court martial proceedings, it would be inappropriate to comment further at this stage.
"We are not prepared to release any personal information relating to this incident.
"We have a common law and Data Protection Act duty to protect the personal information of our employees and there is no good reason to release personal information in this case.
"All those who are found to fall short of the Army's high standards or who are found to have committed an offence under the Army Act are dealt with administratively (up to and including discharge) or through the discipline process, as appropriate."-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
A soldier who faces charges of desertion for refusing to return to Afghanistan has been arrested and charged with five further offences after joining an anti-war demonstration.
Published: 7:00AM GMT 11 Nov 2009
Lance Corporal Joe Glenton led a protest in London last month against the continued presence of British troops in Afghanistan.
He was already facing a court martial but according to the Stop the War Coalition the new charges carry a maximum of 10 years imprisonment.
The anti-war group called for the soldier's release and accused the Ministry of Defence of trying to stop his freedom of speech.
The group's convener Lindsey German said: ''This is not about breach of military regulations. In the last few days a range of military personnel have been speaking in the media in defence of this appalling war. I doubt if any of them have been arrested.
This is about the persecution of a soldier who believes in telling the truth in accordance with his conscience.
He is saying what the majority of the population believes - that this war is unwinnable and immoral. The anti-war movement will be doing everything possible to get him released.''
In October L/Cpl Glenton, 27, from the Royal Logistics Corps, addressed a rally of more than 5,000 anti-war protesters packed into London's Trafalgar Square.
He told the crowd he had witnessed sights during his time in Afghanistan that forced him to question the morality of his role.
Married L/Cpl Glenton, from Norwich, had said: "I'm here today to make a stand beside you because I believe great wrongs have been perpetrated in Afghanistan.
"I cannot, in good conscience, be part of them. I'm bound by law and moral duty to try and stop them.
"I'm a soldier and I belong to the profession of arms. I expected to go to war but I also expected that the need to defend this country's interests would be legal and justifiable. I don't think this is too much to ask.
"It's now apparent that the conflict is neither of these and that's why I must make this stand."
An MoD spokesman said: "I can confirm that disciplinary action against a serving soldier from the Royal Logistics Corps is currently in progress.
"As this matter is subject to court martial proceedings, it would be inappropriate to comment further at this stage.
"We are not prepared to release any personal information relating to this incident.
"We have a common law and Data Protection Act duty to protect the personal information of our employees and there is no good reason to release personal information in this case.
"All those who are found to fall short of the Army's high standards or who are found to have committed an offence under the Army Act are dealt with administratively (up to and including discharge) or through the discipline process, as appropriate."-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Fort Hood: Suspect May Face the Death Penalty at a Court Martial Lawyers Say
Posted by
Michael Waddington
on Sunday, November 8, 2009
Suspect Could Face Death Penalty in Fort Hood Shooting
Saturday, November 07, 2009
By Catherine Donaldson-Evans
AP
Army psychiatrist Major Nidal Hasan is suspected of a deadly rampage at the Fort Hood base in Texas.
The Army psychiatrist suspected in Thursday's deadly Fort Hood rampage in Texas could get the death penalty if he is convicted of multiple counts of first-degree murder — and military law experts say the evidence against him will be substantial.
American-born Maj. Nidal Malik Hasan has yet to be charged but is expected to face at least 13 counts of murder, one for each of the victims who died, as well as numerous assault and weapons charges in a court-martial.
"Obviously, we're all guessing, but it's reasonable to believe that he will be convicted and sentenced to death," said retired Navy lawyer Philip Cave, now a military crimes defense attorney.
Cave estimated that Hasan, 39, would spend between five and 15 years in the military's court martial system.
"It will be a long charge sheet," military law scholar Richard Rosen told KCBD.com, "one longer than I've ever seen in my life time in the Army."
Though the number of wounded has fluctuated, at least 30, including Hasan, and possibly up to 38 were injured in the mass shooting at the Army base in Killeen.
Army Secretary John McHugh said Friday an investigation is proceeding but no charges have yet been filed against Hasan.
Rosen, a retired colonel who was stationed at Fort Hood for 10 years, called the shooting "tragic and horrible."
"Legal advice is being given at all levels of command right now," Rosen told KCBD.com
Only 10 members of the American military have been put to death with approval from the president since 1951 under the Uniform Code of Military Justice — the armed services' legal system.
The last military execution was the 1961 hanging of Army Pvt. John Bennett for rape. Another defendant, Pvt. Ronald Gray, was scheduled to be executed in December 2008 for multiple murders and rape, but a stay was granted mere days before the execution.
But the massacre at Fort Hood has been called the worst mass shooting ever on an American military base.
"All things being equal, he may well be one of those executions," Cave told FoxNews.com.
Hasan is believed to have methodically and calmly opened fire on his fellow comrades as they filled out medical paperwork and underwent testing at a processing center that handles soldiers coming and going to war.
Around 1:30 p.m. Thursday, witnesses say a man later identified as Hasan jumped up on a desk and shouted the words "Allahu Akbar!" — Arabic for "God is great!" He was armed with at least one semiautomatic pistol capable of firing up to 20 rounds without reloading. He shot about 100 rounds before civilian police officer Kim Munley wounded him with four rounds.
Though his motive remains unclear, speculation has swirled that he was dreading his own imminent deployment to the battlefields in Afghanistan, where he was to continue his work counseling fellow soldiers suffering from post-traumatic stress and other mental turmoil.
Relatives and associates say Hasan was critical of both the wars in Iraq and Afghanistan and did everything he could to avoid being on the frontlines.
No one who knew him, however, expected him to be driven to kill.
Posted on foxnews.com
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Saturday, November 07, 2009
By Catherine Donaldson-Evans
AP
Army psychiatrist Major Nidal Hasan is suspected of a deadly rampage at the Fort Hood base in Texas.
The Army psychiatrist suspected in Thursday's deadly Fort Hood rampage in Texas could get the death penalty if he is convicted of multiple counts of first-degree murder — and military law experts say the evidence against him will be substantial.
American-born Maj. Nidal Malik Hasan has yet to be charged but is expected to face at least 13 counts of murder, one for each of the victims who died, as well as numerous assault and weapons charges in a court-martial.
"Obviously, we're all guessing, but it's reasonable to believe that he will be convicted and sentenced to death," said retired Navy lawyer Philip Cave, now a military crimes defense attorney.
Cave estimated that Hasan, 39, would spend between five and 15 years in the military's court martial system.
"It will be a long charge sheet," military law scholar Richard Rosen told KCBD.com, "one longer than I've ever seen in my life time in the Army."
Though the number of wounded has fluctuated, at least 30, including Hasan, and possibly up to 38 were injured in the mass shooting at the Army base in Killeen.
Army Secretary John McHugh said Friday an investigation is proceeding but no charges have yet been filed against Hasan.
Rosen, a retired colonel who was stationed at Fort Hood for 10 years, called the shooting "tragic and horrible."
"Legal advice is being given at all levels of command right now," Rosen told KCBD.com
Only 10 members of the American military have been put to death with approval from the president since 1951 under the Uniform Code of Military Justice — the armed services' legal system.
The last military execution was the 1961 hanging of Army Pvt. John Bennett for rape. Another defendant, Pvt. Ronald Gray, was scheduled to be executed in December 2008 for multiple murders and rape, but a stay was granted mere days before the execution.
But the massacre at Fort Hood has been called the worst mass shooting ever on an American military base.
"All things being equal, he may well be one of those executions," Cave told FoxNews.com.
Hasan is believed to have methodically and calmly opened fire on his fellow comrades as they filled out medical paperwork and underwent testing at a processing center that handles soldiers coming and going to war.
Around 1:30 p.m. Thursday, witnesses say a man later identified as Hasan jumped up on a desk and shouted the words "Allahu Akbar!" — Arabic for "God is great!" He was armed with at least one semiautomatic pistol capable of firing up to 20 rounds without reloading. He shot about 100 rounds before civilian police officer Kim Munley wounded him with four rounds.
Though his motive remains unclear, speculation has swirled that he was dreading his own imminent deployment to the battlefields in Afghanistan, where he was to continue his work counseling fellow soldiers suffering from post-traumatic stress and other mental turmoil.
Relatives and associates say Hasan was critical of both the wars in Iraq and Afghanistan and did everything he could to avoid being on the frontlines.
No one who knew him, however, expected him to be driven to kill.
Posted on foxnews.com
-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Tucson court-martial begins for airman accused in colleague's killing
Posted by
Michael Waddington
on Tuesday, November 3, 2009
Tucson court-martial begins for airman accused in colleague's killing
By Carol Ann Alaimo
ARIZONA DAILY STAR posted at http://www.azstarnet.com/sn/hourlyupdate/315999.php
Tucson, Arizona | Published: 11.03.2009
Court-martial proceedings got underway today for a Davis-Monthan airman accused of killing another D-M airman in 2007.
A military jury of six officers and four enlisted personnel will decide the fate of Senior Airman Phillip Andre Howard, who is on trial in the slaying of Airman 1st Class Brian Santos
Santos, 24, of South Gate, Calif., was found lying in the street of a southside neighborhood, not far from a fractious house party both men attended in June 2007.
Air Force prosecutors maintains that Howard, 24, is guilty of unpremeditated murder in the death, in which the victim died from multiple blows to the head that cracked his skull.
Defense lawyers say Howard, of D-M's 355th Equipment Maintenance Squadron, was not responsible for those injuries, and tried to calm things down at the party to prevent fighting.
“Airman Howard was not a lawbreaker. He was a peacemaker,” defense lawyer Maj. Lance Wood said in opening arguments.-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
By Carol Ann Alaimo
ARIZONA DAILY STAR posted at http://www.azstarnet.com/sn/hourlyupdate/315999.php
Tucson, Arizona | Published: 11.03.2009
Court-martial proceedings got underway today for a Davis-Monthan airman accused of killing another D-M airman in 2007.
A military jury of six officers and four enlisted personnel will decide the fate of Senior Airman Phillip Andre Howard, who is on trial in the slaying of Airman 1st Class Brian Santos
Santos, 24, of South Gate, Calif., was found lying in the street of a southside neighborhood, not far from a fractious house party both men attended in June 2007.
Air Force prosecutors maintains that Howard, 24, is guilty of unpremeditated murder in the death, in which the victim died from multiple blows to the head that cracked his skull.
Defense lawyers say Howard, of D-M's 355th Equipment Maintenance Squadron, was not responsible for those injuries, and tried to calm things down at the party to prevent fighting.
“Airman Howard was not a lawbreaker. He was a peacemaker,” defense lawyer Maj. Lance Wood said in opening arguments.-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Court Martial Lawyer - Philippines frees officers cleared over coup: military
Posted by
Michael Waddington
Court Martial Lawyer
Philippines frees officers cleared over coup: military
(AFP) – 14 hours ago
MANILA — Eleven Philippine military officers who were cleared of involvement in a coup plot against President Gloria Arroyo were freed Tuesday and will be able to rejoin their units, military officials said.
The officers, ranging in rank from colonel to first lieutenant, were freed after a court martial acquitted them last month, saying it had not found enough evidence that they were part of the conspiracy to unseat Arroyo.
They had been in military detention since February 2006.
"The 11 officers that were found to be cleared by the general court martial will finally be turned over to their respective major services as free men," said spokesman Lieutenant Colonel Romeo Brawner.
The delay in releasing the 11 was attributed to procedural requirements and the need for medical examinations after a lengthy detention.
Military chief General Victor Ibrado met with the 11 before they were freed, saying: "I would just like to see them and have some chit-chat."
The eleven were part of a group that barricaded themselves into a military camp in February 2006 in protest at the sacking of the then head of the marines, Major General Renato Miranda.
Miranda is among several defendants still on trial.
The government alleged the protest by the officers was part of a broader plot to overthrow Arroyo, who has been the target of at least three alleged coup plots by rogue soldiers during her eight years in power.-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
Philippines frees officers cleared over coup: military
(AFP) – 14 hours ago
MANILA — Eleven Philippine military officers who were cleared of involvement in a coup plot against President Gloria Arroyo were freed Tuesday and will be able to rejoin their units, military officials said.
The officers, ranging in rank from colonel to first lieutenant, were freed after a court martial acquitted them last month, saying it had not found enough evidence that they were part of the conspiracy to unseat Arroyo.
They had been in military detention since February 2006.
"The 11 officers that were found to be cleared by the general court martial will finally be turned over to their respective major services as free men," said spokesman Lieutenant Colonel Romeo Brawner.
The delay in releasing the 11 was attributed to procedural requirements and the need for medical examinations after a lengthy detention.
Military chief General Victor Ibrado met with the 11 before they were freed, saying: "I would just like to see them and have some chit-chat."
The eleven were part of a group that barricaded themselves into a military camp in February 2006 in protest at the sacking of the then head of the marines, Major General Renato Miranda.
Miranda is among several defendants still on trial.
The government alleged the protest by the officers was part of a broader plot to overthrow Arroyo, who has been the target of at least three alleged coup plots by rogue soldiers during her eight years in power.-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.


