Posted on 01/28/2018 3:53:22 PM PST by jazusamo
The nations highest military court has thrown out the 2012 rape conviction of a Coast Guard enlisted man because admirals and prosecutors packed the seven-member jury with five women, four of whom held jobs as advocates for victims of sexual assault.
In a 5-0 ruling that could change how the military conducts sex abuse trials, the U.S. Court of Appeals for the Armed Forces unleashed caustic criticism of all involved.
From the Coast Guard commandant down to an appellate court to the original trial judge, the high court said all contributed to a stain on the military justice system. The military has been under intense pressure to wipe out sexual harassment and assault, the five civilian judges noted.
The opinion, delivered by Judge Margaret A. Ryan, said the four admirals who played a role in assembling the officer and enlisted jury pool produced an illegal gender-based court stacking. She suggested that the admirals role amounted to unlawful command influence, which military law analysts see as the enemy of fair trials for service members.
The court ruling said the trial judge failed to conduct even a rudimentary investigation into defense attorneys complaints of an unfair jury.
It also said the Coast Guard Court of Criminal Appeals failed in its duty to protect against unlawful command influence as it rationalized the error away as a benign effort to seek inclusiveness.
Yet the error in this case is both so obvious and so egregious that it adversely affected not only Appellants right to a fair trial by an impartial panel, but also the essential fairness and integrity of the military justice system, Judge Ryan and the four other judges wrote.
Even worse, the high court suggested that the enlisted man never would have been convicted by a more gender-proportionate jury...
(Excerpt) Read more at washingtontimes.com ...
Coast Guard Commandant Paul F. Zukunft, one of the admirals involved in jury selection, told a hearing judge that he was unaware of jury stacking.
Thankfully the highest military court court overturned this kangaroo court conviction.
Based upon some transgendered related comments by the current Commandant of the Coast Guard, Id say that the ranks of the Coast Guard are the most infiltrated by social justice warriors of all the services.
Thanks Obama ... thanks for nothing!
Disgusting.
The perfumed princes danced for the politically correct.
Disgusting.
The perfumed princes danced for the politically correct.
Seven years of this guy’s life affected by flimsy charges.
At least maybe his example will help others.
And props to Judge Ryan; shes proving that its not completely corrupted and that there is still hope.
Careers ruined, reputations built up over lifetimes besmirched...
It's like Christmas morning everyday.
That’s a possibility and it does reflect on 0bama and his dislike of our military.
Looks like this courts-martial panel and the CG Court of Criminal Appeals were wearing blinders on this case or were told the verdict that the high ups wanted, I’d guess the latter.
So the only consequence for the scrambled egg types is opprobrium? No fines? No reduction in rank? No assignment to Attu?
Bump!
Good judge for slamming these crooked admirals.
Margaret A. “Meg” Ryan (born May 23, 1964) is a Judge for the United States Court of Appeals for the Armed Forces (CAAF). She joined the court in 2006 after being nominated by President George W. Bush.
Hope these admirals are drummed out.
“Coast Guard Commandant Paul F. Zukunft, one of the admirals involved in jury selection, told a hearing judge that he was unaware of jury stacking.”
Very Hillary-esque, Admiral. What’s next? A “that will not be proved?”
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usually, when a verdict is overturned for jury stacking or some technicality, its because the shyster lawyers found nothing wrong with the evidence...
I agree that juries should be impartial but do we quiz the men now to see what their attitudes toward rape are?...do they use porn depicting women in degradation?....
the game can be played either way...
its too bad our country is so divided that we mistrust everyone and their brother..
More leftist corruption.
Zukunft needs to go. Liberal chair-borne paper pusher.
Maybe problem, maybe not.
four of whom held jobs as advocates for victims of sexual assault.
And there we have the problem.
It is like putting the ACLU on the jury in a religious liberty case.
You have weighed the jury.
Read it again.
On top of it she waited a very long time to report the alleged rape.
And, the hearing officer recommended dismissing the case because it was so weak but he was overruled by an admiral.
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