The way the civilian law enforcement agents conducted the probe was like "having the verdict first and the trial second," Rooney said during a telephone interview Tuesday morning.
I’m reminded of Jonathan Turley’s statements at the conclusion of the Petty Officer Daniel King case back in Spring 2001.
What happened to Petty Officer King is alien and antithetical to our system. For that reason, it is essential for the transcript of the proceedings in this case to be completed and for the unclassified evidence to be made public. This evidence and testimony shows high-level government officials admitting to the commission of unlawful acts in the case, including admissions of prior false statements under oath and serious national security violations. The Navy would prefer to have the dismissal of this case portrayed as merely bad lawyering but the truth is far more serious and unsettling. In the name of protecting our constitutional system, the Navy violated the most basic guarantees of that system. It became the very thing that it was created to protect against. Unfortunately, such violations are not uncommon in the military and particularly in the Navy. While politicians often speak of wanting the very best for our men and women in uniform, service personnel are treated as second-class citizens when it comes to their constitutional rights. Some of this disparate treatment is due to archaic and unequitable rules governing military prosecution. However, the greatest single contributor is the consistent and notorious violations of the Naval Criminal Investigative Service (NCIS). I am not alone in my appraisal of the Navy or the NCIS. In my opinion, the NCIS is the most abusive police organization in this country. After numerous scandals and congressional inquiries, the NCIS continues to routinely violate the rights of sailors and Marines and continues to operate outside of the restrictions of either constitutional or professional standards. This case is perhaps the most egregious example of the NCIS culture and practices. However, it is not unique.
Ironically, the unconstitutional and abusive tactics used by the NCIS in this case not only undermined any legal case but defeated any legitimate search for the truth. After triggering an espionage investigation, NCIS agents found that they had no evidence and no spy. Rather than admit to a colossal blunder, these agents continued to interrogate a sailor for 19 and 20 hour sessions for 29 days. When no evidence was available to support their catastrophic misjudgment, they sought to create evidence. The NCIS manufactured a theory of espionage without foundation and then took steps to compel statements to support that theory. The tapes and evidence secured by the defense in this case reveal agents seeking a trophy not the truth.
Here’s another eye-opener from the NCIS investigation of Daniel King. From a statement given by Lt. Bailey’s in defense of Daniel King, Lt. Bailey describes that some of the problems with NCIS interrogations come directly from their training. http://warchronicle.com/TheyAreNotKillers/NCISKingCaseDoc3BaileyStatement.htm
...”Indeed, such conduct is predictable based on the training and guidance manual published by the NCIS. According to the NCIS Manual, Chapter 14 - Interrogations, any person who adamantly denies any wrongdoing and points to his clean record is “subconsciously confessing.” If a confused suspect asks what is going to happen to him, the NCIS believes this is an indication that he “is beginning a confession.” Additionally, agents are to convey the idea that they will “persist as long as required to resolve the issue under investigation” and that they “will not give up the interrogation.” “...
I wonder if NCIS has updated their training manuals lately?