Testimony ends in Marine's attempted-murder hearing - Defense argues grenade attack a 'bad joke'

San Diego Union-Tribune ^ | 08/05/03 | Liz Neely

[bedolido]

Chief Warrant Officer Larry A. Framness was trying to play a joke on a fellow U.S. Marine when he threw a grenade at him while both were in Kuwait on war duty, Framness' attorney said yesterday at a military hearing.

Framness, 36, is charged with attempted murder, conspiracy to commit murder, dereliction of duty, adultery and other charges. Prosecutors say Framness and his mistress, Wendy M. Glass, plotted to kill her husband, Chief Warrant Officer James H. Glass, so the two lovers could cash in a $350,000 life insurance policy.

Although the case involves personnel based at Marine Corps Air Station Yuma, Ariz., the military hearing is being held at Miramar Marine Corps Air Station.

On the final day of testimony, Framness' attorneys characterized the May attack as a joke gone bad, and sought to discredit the way investigators handled the case, as well as their methods of interrogating Framness.

The evidence "is consistent with a bad joke. That's what's in the e-mails, that's what's in the statements and phone calls," said defense attorney Jeremiah Sullivan, referring to correspondence between Framness and Wendy Glass.

To support their version of events, defense attorneys called a military ammunition expert who testified the effects of the explosion were more consistent with a discretionary grenade rather than a fragmentation grenade.

Chief Petty Officer John Uhler of the Naval Special Warfare Center in Coronado testified that James Glass' wounds likely would have been more severe if a fragmentation grenade was used. A discretionary grenade generally is used to clear an area and is not intended to be lethal, Uhler said.

"If that was in fact a fragmentation grenade, (James Glass) would have been spaghetti," Sullivan said during closing remarks at Framness' Article 32 hearing, the military equivalent of a grand jury hearing.

Sullivan accused Wendy Glass, 33, of being the mastermind behind the attack, and suggested she cooperated with investigators to lighten her sentence.

"She is the black widow who has been manipulating everybody," Sullivan said.

Wendy Glass and Framness have been indicted by a federal grand jury in Arizona. They each are charged with two counts of conspiracy to commit murder. Wendy Glass is currently living in Mississippi and is awaiting a trial to be held in Arizona.

Framness and James Glass, 38, met while both were part of Marine Wing Support Squadron 371, based in Yuma. Framness and Wendy Glass eventually began an affair that would last 18 months. Prosecutors contend the two began conspiring to kill Glass in October 2002.

After the couple's first scheme to fake a drunken-driving accident failed, prosecutors say, Framness tried again May 14 when he lured Glass to an empty guard shack, then stepped outside and threw a grenade. Glass suffered shrapnel wounds, and has recovered.

Maj. Michael Tencate, the investigating officer presiding over the hearing at Miramar, will analyze the evidence and make a recommendation to Framness' commanding officer, who will decide whether to recommend court-martial to Maj. Gen. James Amos.

The hearing could be reopened Aug. 15 if more evidence needs to be presented, Tencate said. Defense attorneys have complained they have not yet received all documents and recordings related to the case and are still seeking witnesses.

[wideawake]

Hardy effing har. The only joke here is that these idiots actually think that this stupidity is a plausible defense.

[mrs tiggywinkle]

How very disturbing.

[Feiny]

Boneheaded defense of the week.