Judge’s embarrassing ruling leaves ample room for appeal

Post & Email ^ | Sept. 4, 2010 | Eldon E. Bell, MD

[Red Steel]

From American Grand Jury: Dr. Eldon E. Bell is a retired U.S. Army Colonel and Master Flight Surgeon. He is a Viet Nam and Operation Iraqi Freedom veteran. Currently Dr. Bell practices Medicine in a rural town in South Dakota. Eldon has served on a number of American Grand Juries.

In Courts-Martial:

“The ‘sole test’ for admissibility is whether the evidence of the misconduct is offered for some purpose other than to demonstrate the accused’s predisposition to crime and therefore to suggest that the factfinder infer that he is guilty, as charged, because he is predisposed to commit similar offenses. It is unnecessary that relevant evidence fit snugly into a pigeon hole provided by Military Rules of Evidence.” 404(b). United States v. Castillo, 29 M.J. 145, 150 (C.M.A. 1989).

Thus, in my view, the Judge has purposely opened the trial up for an appeal. Colonel Lakin clearly has an exemplary Character and military record. The Judge’s exclusion of the ELIGIBILITY evidence fails to pass the “Sole Test” requirement in courts-martial and must be allowed.

[Mr Rogers]

Yep! Hard to find a more authoritative or binding legal entity than the “American Grand Jury”!

[SatinDoll]

What this means is that these judges are ‘passing the hot potato’ along to what will eventually be SCOTUS.

I very glad, if that is really what they’re doing.

[stormer]

LOL... +1

Perhaps they should confer with an organization cited on another thread earlier this evening, the United States Bar Association.

[thecodont]

What this means is that these judges are ‘passing the hot potato’ along to what will eventually be SCOTUS.

I very glad, if that is really what they’re doing.

So am I. I hope that is what's going on.

I believe that a much, much wider (though largely invisible and silent) net of the legal and governmental community knows that we have a big problem with a possible usurper in the White House, and they desperately want it to be solved. However, they want to go about doing that as carefully and deliberately as possible, so as not to rend the very fragile political and legal membranes of our country. They do not want to destroy the country in their haste to save it.

[Beckwith]

Let's face it. The Congress, the courts, and the media have decided for some reason that the American People do not have the right to know who Barack Obama is.

You have to ask yourself, what are they terrified of?

[phockthis]

They’re NOT terrified of “WE THE PEOPLE” and that is the problem.

I told my wife about 18 months ago that these politicians will not listen to us until we make them more afraid of us and that may not happen until we are beating down their front doors!!!

[JewishRighter]

What was the evidence of misconduct they were trying to introduce in that case?

[JewishRighter]

No one, NO ONE, wants Lakin to suceed more than I do. But this article is wrong. It discredits Lakin’s supporters to go barking up the wrong trees. The issue in the Castillo case was not about a general issue of the admissibility of evidence for the defense. It was a case of whether the prosecution could introduce evidence in a Military Justice matter against the defendant regarding uncharged criminal conduct, to demonstrate that the defendant had a predisposition to commit the charged offense. The rule at issue was MRE 404(b), which says:

Uncharged Misconduct.
MRE 404(b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.

Now, this doesn’t mean there aren’t other evidence rules and cases applying evidence rules that suggest that Lakin should have been allowed to introduce evidence of 0’s eligibility. I’m only pointing out that this article is incorrect in asserting that Castillo shows that the Judge got this blatantly wrong in Lakin’s case.

C’mon. We pride ourselves on intelligent analysis, intellectual honesty, accurate information and truthful reporting. FReepers have made vital contributions in the media wars by being better than that. Go Lakin!!!

[centurion316]

The courts have repeatedly and consistently deferred to the compelling need to maintain good order and discipline in the military, even when that required suppressing certain rights of soldiers.

On appeal, Lakin will run afoul of this judicial history and will fall short of his goal. His lawyer should have known this going in and should have warned him that his effort was a forlorn hope.

[centurion316]

An alternate and more authoritative view of COL Lind’s findings can be found here:

http://court-martial-ucmj.com/lakin-2/ltc-lakins-defense-crushed-in-detail/

It explains quite clearly why Lakin will fail, at trial and on appeal.

[FreeAtlanta]

The ironic thing is that it is only the left that has people who are frightening. i.e. the earth worshipping wacko at that took over the Discovery channel, the various urban rioters, the (arab Muslim) Israeli that stabbed all those people a few weeks ago, the lefty racist wacko that was killing cabbies, etc. etc.

Even though we see our nation being destroyed, Conservatives are too decent to go out and make anyone "fearful"... until the long fuze has burned out.

[stormer]

I know he will fail, and rightly so.

[stormer]

Interesting piece - thanks for the link. What some people seem to fail to understand, and stated by the judge, is that orders come from those, who by their own authority, issue them. Straight forward and the essence of military discipline and the concept of chain of command.

[deport]

Just for the record the following are the charges filed against LTC Lakin.

SCRIBD

or

The-Peoples- Forum

CHARGE I, VIOLATION OF THE UCMJ. ARTICLE 87

The Specification:
In that Lieutenant Colonel Terrence L. Lakin, US Army, did, at or near Arlington, Virginia, on or about 12 April 2010, through design, miss the movement of US Airways Flight Number 1123, departing from Baltimore/Washington International Airport arriving in Charlotte, North Carolina, in order to deploy for a Temporary Change of Station in support of Operation Enduring Freedom with the 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, with which he was required in the course of duty to move.

CHARGE II, VIOLATION OF THE UCMJ . ARTICLE 92

Specification 1:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Lieutenant Colonel William Judd, to report to the office of his Brigade Commander, Colonel Gordon R. Roberts, at 1345 hours, or words to that effect, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.

Specification 2:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Gordon R. Roberts, to wit: a memorandum signed by the said Colonel Gordon R. Roberts, dated 31 March 2010, an order which it was his duty to obey, did, at or near Arlington, Virginia, on or about 31 March 2010, fail to obey the same by wrongfully not reporting as directed.

Specification 3:
In that Lieutenant Colonel Terrence L. Lakin, US Army, having knowledge of a lawful order issued by Colonel Peter M. McHugh, to wit: Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, requiring the said Lieutenant Colonel Terrence L. Lakin to report to Fort Campbell, Kentucky not later than 1500 hours on 12 April 2010, an order which it was his duty to obey, did at or near Washington, District of Columbia, on or about 12 April 2010, fail to obey the same by wrongfully failing to report to 32nd Calvary Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky.

Specification 4:
In that Lieutenant Colonel Terrence L. Lakin, US Army, who knew or should have known of his duties at or near Washington, District of Columbia, on or about 12 April 2010, was derelict in the performance of those duties in that he willfully failed to report to Fort Campbell, Kentucky in accordance with Temporary Change of Station orders 099-17, dated 9 April 2010, issued by Colonel Peter McHugh, in support of Operation Enduring Freedom, as it was his duty to do.”

[jamese777]

What this means is that these judges are ‘passing the hot potato’ along to what will eventually be SCOTUS.

I very glad, if that is really what they’re doing.

---

It’s an extremely risky legal gambit if that is what this judge is doing.

Unlike the civilian courts, a military appeal can only reach the Supreme Court upon referral from the Court of Appeals of the Armed Forces (CAAF). That puts LTC. Lakin’s future in the hands of more military judges.

[CharlesWayneCT]

My guess would be something that they think would show his objection wasn’t really about Obama, but about deploying. That would just be a guess though.

[CharlesWayneCT]

And not one of those charges mentions Obama. This was where I always thought this argument fell down — he wasn’t asked to follow Obama’s order, he was asked to follow the orders of his immediate superiors.

My guess is the only person who could have tried this line of defence would be the generals that report directly to the President. And then only if they weren’t appointed by the President, since their acceptance of an appointment would signify their acceptance of Obama as lawful.

[Beckwith]

Re “These politicians will not listen to us until we make them more afraid of us and that may not happen until we are beating down their front doors!!!”

Correctomundo!

[deport]

And not one of those charges mentions Obama.

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And I think that is why there are drawn as such. Very local to the command and not far reaching into him actually deploying. I’m not knowledgable in Military Law, the process or the UCMJ but it appears to me Lakin will have a hard time proving he’s innocent. We’ll know before to much longer.

Here is a post that gives info that is specific to the Lakin trial Article 87.. The poster talks of only one element Article 87 but there is also another Article 92 with four specifications not addressed by the poster.

http://www.freerepublic.com/focus/news/2582370/posts?page=269#269