The prosecution presented excerpts from LTC Lakin’s Care inquiry in which he admitted under oath that his former attorney, Paul Jensen, expressly told the accused that the orders he’d received were lawful, and that as an attorney, Mr. Jensen said he could not ethically advise the accused to disobey them. There was no surrebuttal.
The defense asked the military judge to find Specifications 1 and 2 of Charge II, which address LTC Lakin’s violation of two separate orders to report to the brigade commander on 31 March, multiplicious for sentencing purposes. She granted the motion, and in so doing reduced the maximum sentence to confinement from 42 months to three years.
The prosecution asked for dismissal, confinement for 24 months, and forfeiture of all pay and allowances. The trial counsel who argued noted that in LTC Lakin’s unsworn statement, his focus was always on himself: how he was concerned about the President’s eligibility, how he felt his concerns needed to be addressed, and so on, until the moment came to accept responsibility — at which point the accused focused on other people and how they let him down or supposedly misled him. The prosecutor also noted that at no point during LTC Lakin’s tearful discussion of his family or during his apologia to the commander did LTC Lakin see fit to mention MAJ Dobson or the hardships endured by anyone else as a result of LTC Lakin’s actions. Trial counsel tied the request for 24 months to the period of time the accused should have been in theatre: 2 days for every day he was not with the 1-32 Cav overseas.
The defense asked for a reprimand, “some” forfeiture of pay, and restriction to geographical limits (generally, such limits are to the limits of the base, or of some other geographical area, in the discretion of the convening authority). He argued for no dismissal and no confinement. The defense’s parting words to the members: “Merry Christmas.”
We will post the sentence when the members return.
It’s 22 degrees at Fort Meade and snowing heavily (for those who find the weather reports fascinating). According to Colonel Sullivan, the birther faithful have thinned out somewhat, as has the media contingent.
See #358