Posted on 05/10/2008 8:42:34 AM PDT by RedRover
On May 1, 2008, Richard V. Stevens, of Stevens & Brash, L.L.C, won an acquittal in the case of Sgt. Leonardo Treviño. The week before, Frank Spinner, a counsel with the firm, defended SFC Corrales in a separate case. For background on the cases, see here and here. Rich sent this message for readers of Defend Our Troops and Defend Our Marines.
_______________________________________________
10 May 2008
It is very difficult and confusing for our military members and their families, who have sacrificed and contributed so much to the military's missions, to suddenly face accusations of crimes out of combat in the Middle East. Support—both moral support and financial support—are incredibly important for our troops and their families emotionally, and to cover the costs of defending these cases.
In order to properly defend our troops against these allegations, it takes a considerable amount of time and effort. For example, there were multiple pretrial hearings—Article 32 hearing, pretrial confinement hearing, motion hearing—in the Treviño case. There was the need to make multiple trips to Ft Hood to interview all the necessary witnesses. There was the need to spend a lot of time at Ft Hood preparing for trial, and then defending the case in trial. Some of these cases require trips to the Middle East—which means even more time away and more expense.
Most attorneys who specialize in military law, like we do, travel from our offices to the bases/locations where the cases are being held. These trips mean time away from other cases and considerable expenses for us to essentially live at the location of the trial for periods in which we're preparing the case and then trying the case. Without the donations the Treviños received, it would have been virtually impossible for them, or any similarly situated military family, to afford the defense provided.
I certainly feel guilty for saying that. I would love to be in a position to provide defenses to these troops for free. They sacrifice so much for us. But, the reality is that we turn away cases/clients to ensure we have the time necessary to devote to defending these cases, and we amass such considerable expenses in travel and working out of distant locations, that it isn't financially possible for us to defend these cases pro bono.
The support we received in these cases was so vital to a proper defense. Looking back, after two full acquittals (Treviño and Corrales), all the time and effort we poured into these defenses was well worth it.
I just hope Defend Our Troops and Defend Our Marines continues to raise and receive similar support for other cases you're involved in. It is truly crucial for these families.
We thank everyone who expressed their support for our clients and their families—whether it was words of encouragement or financial donations. Both were so important for a successful defense—you all played a part in these victories.
Sincerely,
Rich Stevens
RICHARD V. STEVENS, Esquire
LAW OFFICES OF STEVENS & BRASH, L.L.C.
Law Firm Web: www.militaryadvocate.com
Law Firm Blog: www.militaryadvocate.blogspot.com
There's still much ahead. The trials of LtCol Chessani, SSgt Wuterich, and Lt Graryson are expected to commence late this spring through the summer. The Fallujah trials may commence by late summer or early fall. In the Iskandariyah case, the effort to secure clemency for Sgt Evan Vela is still ongoing.
My thanks to all members of the Haditha Marine Ping List and to everyone here at Free Republic who takes part in our threads. God bless!
Excellent!
Excellent letter of thanks, Red and a well deserved one.
What a lovely letter!
Great letter of thanks, Red. Thanks for all that you do to keep freepers informed on these cases.
The costs (not including time) in prosecuting legal cases would break almost any soldier or his/her family. Yet, the military prosecutors and their costs come out of the military budget.
Why can’t there be a fund in that same military budget that would afford the charged soldier to retain independent competent legal assistance? Our soldiers deserve to go into a court battle armed and funded as well as the ‘enemy.’
In the Army, anyway, there is. The Trial Defense Service is separately funded and supervised from the (prosecuting) Trial Counsels.
There’s another aspect that I think is important as well. These cases go best when they’re in the daylight. The cases that haven’t gone as well have been mostly held out of the public view.
Maybe eyes on rhe proceedings helps keep everyone honest. That’s at least how it seems.
Does that fund allow the charged soldier to retain and pay his/her own counsel, independent completely of the military ? Or is it the equivalent of the Public Defenders Offices in civilian criminal courts, where you get an attorney appointed for you from a pool ?
If my soldier were charged, I’d want someone completely free of any overriding military influence, as in ... I’d want my soldier’s attorney(s) to be free to represent him/her without any thought of the attorney’s future regarding referrals or promotions, or any other benefit that could be offered or denied my soldier’s attorney(s).
Great point, I couldn’t agree more. Sunlight has a way of keeping people honest and in these specific cases has helped counter the undue command influence factor, IMO.
Atta boys, incoming!. You should frame that! (no pun intended!)
Wonderful letter, Red!
Thanks for posting it!
Yes, Red, thanks for all your help. Even though Evan got a 10 year sentence, it is far better than life in prison, or the 18 year plea deal. The plea bargain would have taken away any chance for an Appeal. Some of you know something about my own circumstances, and in a way my fighting for Evan helps me deal with that. God Bless you Redrover, and all the people (YOU Lily) who have helped us, and are still helping us.
:)
Great letter!! Thanks for posting it!!
Well done, Red. My thanks to you and the rest of “Red’s Raiders” for keeping us updated.
Fabulous letter, Red! Congratulations!
You know how much we love ya here in PA!
:)
“There’s another aspect that I think is important as well. These cases go best when they’re in the daylight. The cases that haven’t gone as well have been mostly held out of the public view.
Maybe eyes on rhe proceedings helps keep everyone honest. That’s at least how it seems.”
The bright light shining on such cases does act as a good disinfectant. Also, it helps keep the cockroaches from crawling all over everything.
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