MILITARY: Suit alleges military violated woman's rights (Haditha Prosecutor & NCIS)

NC Times ^ | 9/17/2010` | RICK ROGERS

[Saoirise]

MILITARY: Suit alleges military violated woman's rights By RICK ROGERS - For the North County Times | Posted: Friday, September 17, 2010 12:00 am The American Civil Liberties Union has filed a lawsuit against the Naval Criminal Investigative Service, its agents, Camp Pendleton military police and a San Diego Marine staff judge advocate on behalf of a North County woman who alleges they violated her constitutional rights with intimidation and harassment. The ACLU of San Diego and Imperial counties filed a 20-page civil complaint Sept. 9 in U.S. District Court for the Southern District of California, seeking a jury trial and unspecified financial damages. Carolyn Martin of Carlsbad brought the suit accusing the military of illegally stopping and searching her on Camp Pendleton, interfering with her employment and denying her access to military courts. Martin, who spent 14 years in the Marine Corps, is a well-known defense investigator who has worked on several high-profile cases, including the theft of top-secret intelligence from Camp Pendleton for alleged use by civilian law enforcement in Los Angeles County. Navy Secretary Ray Mabus and NCIS director Mark D. Clookie are named as defendants in their capacities as the leaders of their agencies. Others named in the suit include: Wade Jacobson, NCIS special agent in charge of Marine Corps West Field Office, Camp Pendleton; Lt. Col. Sean Sullivan, the Staff Judge Advocate at Marine Corps Recruit Depot San Diego; and NCIS Special Agent Gerald "Jerry" Martin, believed to be based at Marine Corps Air Station Miramar. Seven law enforcement officers whose names are unknown are also listed as defendants. They could be added to the suit should they be identified. "

[4woodenboats]

It looks like Ms. Martin has her does in her headlights.

It also looks like Sullivan is sitting on top of of this pile of poo with all the aplomb of Jabba The Hut.

It's unlikely that Sullivan just recently embarked on his Tour Of Dishonor. Odds are that, as he progressively abandoned any semblance of fair play throughout the years in favor of bullying and operating outside the law, he left a trail.

One with no shortage of accomplices and victims, potential threats to his own freedom.

Thanks for posting this, Girl.

[Girlene]

I’m trying to figure out how the ACLU got involved in this

NCIS, I think, would come under federal jurisdiction. Whether she tried to get charges filed by complaining to the DOJ or not, after reading the suit, it doesn't sound like she has a lot "evidence" to corroborate the harrassment, intimidation, etc. She has a few items/actions that show the effect of these alleged intimidating incidents. Filing a suit against these parties puts them on notice, lays out the chain of events, gets their bosses (Mabus, etc.) looking into the incident, etc.

If these incidents did occur, and if "favors" were called in to other federal agencies to cause her to lose her CBP (Customs and Border Patrol) credentials (essential to her primary job and income resource) she would have a legitimate claim to monetary damages. Further losing court access to Camp Pendelton (via Lt. Col Sullivan) shuts down any additional income she picked up as a defense investigator for accused Marines/sailors.

I'm not sure how Lt Col Sullivan can ban her from a court room at his whim.........this suit challenges that, along with the other actions by NCIS agents starting back in June, 2009. Sullivan's "banning" was just recent. I don't know if she's involved with the Haditha case as a defense investigator. Maybe this is part of what Neal Puckett was talking about when he slammed how the MC and prosecutors had handled this case.

Interesting, nonetheless

[Stonewall Jackson]

"Okay, Probie. Let's get going."

[Condor51]

Others named in the suit include: Wade Jacobson, NCIS special agent in charge of Marine Corps West Field Office .... and NCIS Special Agent Gerald "Jerry" Martin, believed to be based at Marine Corps Air Station Miramar.

*** Gibbs ain’t gonna like this... ***

"Sheesh. 'Hollywood Agents', it figures."

;-)

[4woodenboats]

...Sullivan's "banning" was just recent. I don't know if she's involved with the Haditha case as a defense investigator. Maybe this is part of what Neal Puckett was talking about when he slammed how the MC and prosecutors had handled this case.

See Saorise's post #2. I don't know the scope of her help, but if I were in SSgt Wuterich's shoes, I would certainly appreciate every bit of help that she is capable of, and of Sullivan; I'll just stick to my Jabba The Hut portrayal.

If it comes about that Carolyn can prove a conspiracy to cause her harm financially, professionally and emotionally, it's going to be a big deal.

If she can prove that she was physically restrained from her official duties, that'll make it a bigger deal.

If she can prove that she suffered these attacks as part of a conspiracy between NCIS, a senior SJA, a "doe" from the Inspector General's Office (who refused to give his name), and 1/2 dozen armed MP's to retaliate against her and possibly deny a defendant's constitutional rights* (though she does not specify the treading of a defendant's rights, it's not unreasonable to speculate that the "Retaliation" is work related and would therefore pretty much have to be a defendant) and the protections and rights afforded by the UCMJ, WHOOPA!; She'll have sunk his battleship!

The list of allegations appear to fit the definition of the Color of Law;

The conduct of a police officer, judge, or another person clothed with governmental authority that, although it superficially appears to be within the individual’s lawful power, is actually in contravention of the law. For example, a police officer who makes a false arrest while on duty, or while off duty but when they are wearing a uniform or badge, is acting under color of law. In some circumstances, the phrase also applies to the conduct of private individuals that is specifically authorized or approved by a statute. Depriving a person of his or her federal civil rights under color of law is, in and of itself, a federal crime and a ground for a cause of action. Also called under color of law. If the conduct violates a federal civil right or criminal law, it is also called state action.

Should a driver for these actions be the Haditha cases, Sullivan may soon regret delaying Frank's right to a speedy trial.

Ironically, Sullivan is a defendant in US District Court, where he is much less likely to curry favors.

[Semper Fi Mom]

May he (Sullivan) get his JUST DESSERTS!!!!

[4woodenboats]

Hi Mom,

I sincerely believe that chapter has been written, and there is nothing that can stop it now. Look how things are pulling together for your side and falling apart in such a huge way for Sullivan...once he get's tipped over, he has a very, very long way to fall from that pedestal he built from deceit and manipulation.

When I saw that the Marine Corps had given Frank a position instructing fellow Marines how to assault a hostile city, I took that as a sign from God to have faith, to be ready for things to head up on a new tack, and a reminder that no one does irony like God does.

2 short days later, enter Carolyn Martin toting a giant sack of Sullivan's "mud" that she meticulously scraped off the walls so she has something to bury his career in.

I like her chances.

[Girlene]

2 short days later, enter Carolyn Martin toting a giant sack of Sullivan's "mud" that she meticulously scraped off the walls so she has something to bury his career in.
I like her chances.

LOL, 4wb. CAAFlog has the article, here, Civilian military justice defense investigator sues MCRD San Diego SJA and NCIS for interfering with her work on the suit with links to the complaint, brief, motion, etc. The brief in support of her motion for a preliminary injunction is here which details the specific issues related to Lt Col Sean Sullivan.

Interesting speculation in the comment section whether this shows creativity in a new form of UCI.

[4woodenboats]

Wow, things are really heating up for ol Jabba.

Immediate interest on CAAFlog, with complimentary mentions of Ms. Martin, not so much for SJA's.

Looks like their interest is piqued...Big Time

And that injunction...BAM! Sean's desk nails him right between the eyes.

(Interviewed at it's arraignment, the desk exhibits no remorse, vows to do it again if the opportunity presents itself.)

Thanks Girl, you made my day (as usual!).

[Girlene]

:-)

[freema]

Awesome.

[Retired Jarhead]

I knew Carol when she was an active duty Marine stationed at Quantico, VA. She’s never been one to back down from a fight or avoid a challenge. It appears they are trying to harass her into submission. All I can say is that they don’t know the Carol Martin I know. If the facts are supported by her allegations (and I have no reason to believe otherwise), I hope she takes them for a ride. Maybe it will expose some of the BS that’s been going on at NCIS for years. Let’s not forget they are the ones who used to be called NIS. The name change was part of the makeover after they so badly bungled the Tailhook investigation back in 1991-92. For years NIS was known within the Marine Corps as a place for captains who were passed over for major to find employment. Not many long ball hitters in that particular group. I’m doubting much has changed, TV shows or not.

Semper Fi Carol, Never say die!

[Girlene]

Looks like Carolyn Martin has "taken them for a ride" so far. NCIS-SAN DIEGO: GOVERNMENT CONCEDES THAT PUBLIC HAS RIGHT TO ATTEND MILITARY COURT PROCEEDINGS