Posted on 05/28/2008 3:33:36 AM PDT by RedRover
He should be charged with (1) lying, or (2) dereliction of duty.
EVERYONE knows of the policy. It's always mentioned in the same breath as "You can't keep enemy rifles, grenades, helmets, etc."'
Laughner is lying. I can't imagine that this panel is going to believe him -- not if it's a combat experienced panel.
He should be charged with (1) lying, or (2) dereliction of duty.
EVERYONE knows of the policy. It's always mentioned in the same breath as "You can't keep enemy rifles, grenades, helmets, etc."'
Laughner is lying. I can't imagine that this panel is going to believe him -- not if it's a combat experienced panel.
Every man on the panel has combat experience—either Gulf I or the current war in Iraq.
This may be a case where an all-officer panel is good for the defense. Like you, these commanders should know when they’re hearing hogwash about ignorance of policy.
If parents knew it was policy, it just defies reason to think that Laughner didn’t.
Seems that NCIS put the squeeze on Laughner and now he’s just lying his ass off. He won’t be charged, but he’ll have to live with himself, knowing he stabbed a friend in the back to save himself.
You’re welcome, Girlenefriend!
I have a theory about why they charged Lt Grayson.
I believe they charged him because they thought he’d give up Capt McConnell or LtCol Chessani.
I think prosecutors saw Lt Grayson as part of a conspiracy that went up to the company and battalion levels. Charging him increased the chance that Grayson would make a deal.
Why prosecutors are continuing with this case is a mystery. They must have a kink for losing.
Good advice; or else meet them along with your attorney.
I'm not certain, but I believe that only Enlisted defendants have the right to have Enlisted Members on the CM panel, as the principle is "trial by a jury of peers".
That is my understanding, brit.
And probably a great deal of distain for NCIS.
I’m sure you’re right. Though, on the other hand, I believe there were officers on the panels of the enlisted men in the Hamdania trials. Maybe it works differently for officers or maybe I’m dismisremembering.
To know them is to loathe them.
BTW, a guy I know applied your advice regarding police to the NCIS. Agents wanted to interview him about an alleged combat crime. He insisted that the interview take place in a Barnes and Noble cafe and with his own tape recorder running. They left him alone after that.
Cops and NCIS agents will lie in a heart beat. That's why they prefer to not record their interviews.
Advantage of meeting in a public place is that you can simply tell them you are leaving whenever you want and unless they have a warrant for your arrest, they will just let you go.
Remember the three guys who were arrested and charged in the Duke alleged rape case? Those were the only ones who talked to the cops. That's a clue.
825. ART, 25. WHO MAY SERVE ON COURTS-MARTIAL
(a) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(b) Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
*(c)(1) Any enlisted member of an armed force on active duty who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of an armed force who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge under section 839(a) of this title (article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(2) In this article, "unit" means any regularly organized body as defined by the Secretary concerned, but in no case may it be a body larger than a company, squadron, ship's crew, or body corresponding to one of them.
(d) (1) When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to him in rank or grade.
(2) When convening a court-martial, the convening authority shall detail as member thereof such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
(e) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Secretary concerned may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.
Evan’s panel was a mixed lot. Evan said that when the panel came back there were a couple of persons who really looked bad, like they were not too happy. Forced.
What it really comes down to is how important this is to the Iraqi’s to get a, or some convictions. How much they need the sacrificial lamb.
After all, we owe them so much.
Thanks, jaz. That makes it clear—especially the paragraph in bold.
Makes sense that a serviceman should be judged only by those who knew the responsibilities of his rank.
I feel like Lt Grayson has the best possible jury and hope they come to the wisest judgement.
I agree about the jury, Red. I would also say that the members on the panel are honest officers with integrity as most officers are and I don’t believe the majority of any panel would be into a fix.
I really would hope to want to believe that too. Unfortunately that will forever be an impossible dream for me. And not because of Evan. And speaking of Evan, his attorneys believe what you don't.
Not trying to be a wet towel.
I sincerely, deeply, pray that Lt. Grayson is acquitted fully and this matter gets BURIED in the dust heap of history.
Whoops! This came out in 1at Lt. Grayson’s trial? LOL. (Okay, maybe not a lol for Col. Watt, but......)
Who sends 8,000 text messages in three months?
Someone that needs to get a haircut and get a real job. I, for one, am tired of paying his way.
Then again, he sounds like the perfect Candidate.
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