Posted on 06/14/2010 1:18:36 PM PDT by STARWISE
LTC LAKIN
(A work in progress – 14June 2010)
LTC Lakin is no longer pending an Article 32, UCMJ, hearing, most likely he is pending consideration for a general court-martial.
Here is a link to the preferred charges pending against LTC Lakin which will be considered by MG Horst, Commander, Military District of Washington, the general court-martial convening authority.
According to a press release from LTC Lakin and others he has waived his right to be present at an Article 32, UCMJ, hearing. The command could proceed with the hearing anyway.
There have been times when an accused waives the hearing but the command goes ahead with it anyway. Apparently in this case the command has decided to accept the waiver and forward the case to Commander Military District of Washington for the next steps in the process.
Note, IMHO, LTC Lakin has waived, forfeited, given up, any complaints he had about the Article 32, UCMJ, process so far by his waiver of the hearing. Having waived his right to a hearing he cannot be heard to complain.
Here is a link to the press release.
[UD:120610] The YouTube video is operational.
Courtesy of TPMMuckraker here is the WRAMC statement:
LTC Lakin waived his Article 32 hearing on 4 June 2010. Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to MG Horst, the Military District of Washington Commander, on 8 June 2010.
It is now up to MG Horst, to determine if the case will go to court-martial and the level of court-martial. MG Horst could also decide that some other disposition is more appropriate than court-martial.
MG Horst is the General Court-Martial Convening Authority for Soldiers assigned to Walter Reed Army Medical Center.
What’s next?
Under Article 34, UCMJ, the Staff Judge Advocate, Commander, Military District of Washington must review the case and make a recommendation to the commander.
The SJA then has to get on MG Horst’s calendar to discuss the case. MDW, like most GCMCA’s, has a regular meeting on legal matters several times a month. So the timing of a decision on this case depends on when the next legal meeting is scheduled for.
The commander has several options:
1. Refer the charges to trial by general court-martial.
2. Return the case to the commander at WRAMC for the commander to deal with administratively (Article 15, UCMJ, action, adverse OER).
3. Direct a administrative discharge action.
4. Forward the case to HRC with a recommendation and request for administrative discharge action.
5. Dropping from the Rolls, an action taken by the President is also an option.
*** One effect of this waiver is that LTC Lakin has also waived a challenge to the pre-hearing decisions of the IO on evidence and witnesses.
He can no longer argue that the IO (or as he and others say, “the Army”) denied him a fair Article 32, UCMJ, hearing. Gone, done, finished with. He has rendered all of his and his lawyer’s crying about how the hearing was unfair to the wastebasket as meaningless.***
*snip*
Let’s assume that charges are referred for trial.
The first step will be for the trial and defense counsel to prepare and submit an Electronic Docket Notice (EDN) to the judiciary. In the document the prosecution will state a proposed trial date.
The defense will either agree or request a different date. A date for arraignment will be set. At that first Article 39(a), UCMJ, hearing little will be accomplished: a trial schedule will be agreed, and the formality of arraignment takes place. Note that many deadlines are already set out in the court rules — Rules of Practice Before Army Courts-Martial.
Upon referral of charges there are certain items of discovery they must provide the defense, and the defense can serve a request for discovery. See R.C.M. 701.
In the event the defense is not satisfied with the discovery provided they can file a motion to compel discovery with the military judge. The military judge will decide the issue.
In addition to a discovery motion the defense can file other motions. One anticipates the defense will file a motion to challenge the lawfulness of the orders given to LTC Lakin. Under United States v. New, it is up to the military judge to rule whether or not an order is lawful.
Rest @ link
The Lakin case and the Rules of Professional Conduct
By Dwight Sullivan, June 13, 2010
###
So-Crate’s post in an earlier thread suggests an interesting question:
Did Paul Rolf Jensen, LTC Lakin’s civilian defense counsel, violate the California Rules of Professional Conduct?
It’s apparent from one of Mr. Jensen’s web sites, here, that he was personally involved in making LTC Lakin’s initial video (available here) in which LTC Lakin declared his intent to “disobey what I believe to be illegal orders” and have himself court-martialed. California Rule of Professional Conduct 3-210, available here, governs “Advising the Violation of the Law.”
It provides: ”A member shall not advise the violation of any law, rule, or ruling of a tribunal unless the member believes in good faith that such law, rule, or ruling is invalid. A member may take appropriate steps in good faith to test the validity of any law, rule, or ruling of a tribunal.”
Thus, Mr. Jensen did not violate Rule 3-210 if, when he at the very least helped LTC Lakin make his video declaring his intention to violate orders, including his order to deploy to Afghanistan, Mr. Jensen believed in good faith that the orders LTC Lakin intended to disobey were invalid. And that raises a factual issue as to Mr. Jensen’s specific intent about which I have insufficient information to opine whether he violated Rule 3-210.
Of course, no lawyer who had performed adequate research should believe that LTC Lakin’s deployment orders were invalid. Thus,if Mr. Jensen did have the good faith belief necessary to sail into Rule 3-210’s safe harbor, he might have violated California Rule 3-110 by failing to apply the proper diligence and learning and skill before at the very least helping LTC Lakin make his first video.
~~~~
Praying for savvy defense attorneys.
~~Ping!
I think a deal is in the making: He waived his right to a fair Article 32, UCMJ, hearing for a discharge that would entitle him to retirement--IMHO.
That amicus brief by Cody Robert Judy should do the trick. After all, he ran for president! </sarcasm>
I know Karl Horst. Karl Horst is as hard as Woodpecker lips. I can’t say what he will do in this case, but he won’t put up with any nonsense. If I were LTC Lakin, I would be preparing for trial.
All of this is unfortunate. Lakin allowed someone to convince him that he could be the hero by finally providing the elusive standing that would unravel HRH Obama I. That was never going to happen. If the civilian courts wouldn’t touch it with a ten foot pole, whatever convinced him that the military justice system would go anywhere near it? So all that is left is disobedience of orders. Career down the tubes.
LOL ... figures you’d dissect the piece for
such a tiny nugget. Hehehehe
Ping
We shall see.
So many thugs .. so few bravehearts.
That appears to be about all Lakin has going for him. Hope he has his post-military plans all set.
Apparently you believe this LTC doctor is a pushover dimwit.
What makes you think that someone convinced him, as opposed to he (himself) coming to the conclusion that after seeking answers from his chain of command and his elected "representatives" as to weather or not Barry is NBC...and came up bubkis, that he didn't take it upon himself to go to this next level?
To paraphrase Humphrey Bogart: "He was misinformed."
To paraphrase Humphrey Bogart: "He was misinformed.
-------------------------------------
By whom, and about what?
We are well passed the deal making stage. Lakin disobeyed orders - in an incredibly public and defiant way - and missed movement. Command has no choice but to prosecute, fiercely.
While I don't think his retirement is in jeopardy, he's looking at certain dismissal, and probably some forfeiture.
Good grief, sorry.
As far as him being somehow misled by others... Col. Lakin knows exactly what he is doing it is called making a sacrifice for his country. Whether or not those here chose to acknowledge this couldn't be more irrelevant. The man is a surgeon. I would pit the intelligence of a surgeon against an ambulance chasing attorney any day of the week. He has not been misled. He knows exactly what he is doing. He is a patriot.
Thank you for your perspective.
Things will play out, as they will.
The ultimate outcome is unknown.
“This work continues. This story goes on. And an angel still rides in the whirlwind and directs this storm.”
;)
As I suspected Lakin’s lawyers sabotaged his case from the start. Obama wants to make an example of him.
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