Posted on 06/06/2006 8:04:48 PM PDT by radar101
San Diego attorney representing a Navy corpsman being held in the Camp Pendleton brig in connection with the alleged killing of an Iraqi civilian in April has issued a written statement calling for the news media and public to avoid a rush to judgment. He also announced a Web site defense fund has been established for his client. Jeremiah Sullivan III also complained in the statement that the unnamed corpsman is under more restrictions than "known terrorists in military facilities around the world."
"During the one brief period per day he is allowed to utilize the recreational yard, my client remains shackled at the hands, waist, and ankles," Sullivan wrote. "Anytime he walks within the recreational yard he is escorted by at least one military prison guard who grasps onto his waist shackles at all times. This balance of his time is spent in solitary confinement."
The corpsman and seven Marines from the 3rd Battalion, 5th Marine Regiment's Kilo Company have been in custody since being returned from Iraq in late April. Four other company are under base restriction. The Naval Criminal Investigative Service is probing allegations they kidnapped and killed a 52-year-old Iraqi civilian in the village of Hamdania west of Baghdad and then staged the scene to appear the man was armed and planting a roadside bomb.
At a later news conference attended by more about two dozen reporters, Sullivan told reporters his client, whom he continued to refuse to identify, was being subjected to what he called "cruel and unusual punishment."
He also charged the investigators have threatened at least one of the troops in custody with the death penalty.
Sullivan said his client hails from the "heartland of America" and that his wife is also a Navy corpsman. The wife, who also has not been identified, has established a Web site to raise money for his defense, www.patriotdefense.com.
On the site, the woman wrote that her husband graduated from an unnamed high school in June 2003 has been to Iraq two times. She wrote was first deployment in July 2004 and that nine Marines from his unit were killed and the he had been given a Purple Heart.
None of those in custody or on base restriction have been charged with a crime, although Sullivan said last week he anticipated they would soon face homicide, kidnapping and conspiracy charges. None of their names have been released.
The Hamdania case is separate from on ongoing investigation of another dozen Marines alleged to have taken part in the killing of 24 unarmed civilians in the Iraqi city of Haditha last Nov. 19. Those Marines are from Pendleton's 3rd Battalion, 1st Marine Regiment. The Marines in that case also came from that regiment's Kilo Company, a common company name.
Another example illustrating that service doesn't do much for smarts.
I'd be very interested in any legal authority you could point me to that holds that the geographic location of a military camp can serve a probable cause for holding a corpman in solitary confinement. I don't believe any such authority exists, but I will be more than willing to eat my words if you can come up with a case or code section that says so.
No, that stuff was after my time. I was just a cook. About the most danger I was ever in was when I managed to start a grease fire.
"No, that stuff was after my time."
Goodness - you predate me in Nam?
My hat is off and I bow down.
Thank you for your service.
And I will, once again, say what I said before.
It is not probable cause in and of itself, but it is a factor that the commander may need to weigh. Ultimately, it comes down to the commander's decision, and he will ultimately answer for it.
don't believe any such authority exists, but I will be more than willing to eat my words if you can come up with a case or code section that says so.
The authority is the commanding officer's authority, which is granted to ensure good order and discipline within his command. Yes, he can made the decision to put someone in solitary confinement, even before charges are filed. Yes, he must cite his reasons. Yes, that decision is subject to review by the commanding officer's seniors in the chain of command.
Like I said, someone who was involved is talking.
Or solitary confinement is necessary to ensure that he stays around for the trial.
This kind of confinement doesn't have anything to do with him being an escape risk.You don't walk a prisoner around the recreation yard with chains because you are afraid he's going to escape.They might do it if he was assaulting everyone or trying to kill himself.He is being punished if he's not combative or suicidal.
Ahhhh Cooks and the UCMJ -
You seem to have a good grasp of it.
What part of it do you other kids not understand?
"The authority is the commanding officer's authority, which is granted to ensure good order and discipline within his command. Yes, he can made(make) the decision to put someone in solitary confinement, even before charges are filed. Yes, he must cite his reasons. Yes, that decision is subject to review by the commanding officer's seniors in the chain of command."
What part of it do you other kids not understand? "
I think there's a lot of info we don't know.
I would hope they have reason for the solitary and shackles, but now days you never know with the wimps, bureaucrats,liberals and traitors everywhere.
PhuLoi 70-71
From another thirty year retired Law Enforcement Officer:
IF you did this to Joe Dirtbag, any city, any state, he would have the ACLU beating on a judge's door for a Writ order, right before he filed his civil rights lawsuit.
At trial, this confinement would be shouted to the maximum volume
From my view, this is trumped up BS.
Remember, a "snitch" in Pantano's squad told the world that Pantano had committed murder.
PhuLoi
the moonscape....it was Div Arty and Av when I was there.
Hwy 13 rat, here....on it, east and west of it, and even N of it at least once.
I e-mailed this story to a soldier supporter friend who asked the question, Why is the lawyer not defending this sailor pro bono?
She proceeded to phone the lawyer's office and suggest the same. I think it's a great idea, if others would do so.
That is just B.S. Shackles and solitary confinement before you are tried is cruel and unusual punishment. Release these men. Semper Fi.
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