Posted on 04/10/2008 6:31:44 PM PDT by debm29palms
ART. 120. RAPE AND CARNAL KNOWLEDGE
(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.
I don't think that's what HE claimed. If I remember correctly, that's a matter of record in the military case on this.
Be that as it may, it looks like we have the monster.
Immediate trial with the death penalty excuted on his sorry murdering butt. I hope his wife is convicted as well and gets the needle for accessory, aiding’abetting and helping the POS escape to mehico.
Just another example of a domestic terrorist network in America.
LA LAW,
NSNR
Unfortunately they do not have the intestinal fortitude to do what is “Rightful Justice.”
The puke will probably have La Raza and the other lefto hispanic groups begging for a life sentence in his case.
LA LAW,
NSNR
My question is;
Is that charge being handled by the civi’s? Or are they just going to handle the murder...
I do believe that the MARINE CORPS took a back seat to this when they figured out that he was headed to mexico, so they could go after the death penalty without having the diplomatic problem with mexico. I just hope that when the military justice is done with him that they bring back the gallows and hang him!
In my speculation, the perp and his wife were swingers who befriended this Marine. They probably either got her drunk or drugged at their house and that is where the rape took place.
I hope the perp will get the death penalty.
LA LAW,
NSNR
The linked article mentions that the media was saying she was bipolar, and a liar. On the other hand, she certainly did not burn herself up, even if, as has been suggested, she killed herself. Boy, what a mess.
IIRC, the victim was about to testify at an Article 32 hearing on the rape charge when she went missing...then he deserted shortly thereafter.
The UCMJ is kind of a unique system in that jurisdiction is not geographic, but rather based on the status of the uniformed service member...even if an active duty soldier is on leave at the furthest point on earth from any US military installation, and commits an offense, he is still subject to the code. Consequently, even the homocide is conceivably prosecutable under the UCMJ, even it it occurred off post, although in that sort of situation the local authorities normally prosecute state offenses (although in this case, the USMC may want to assert primacy since he killed another Marine). Just by virtue of who and where he was at the time of the crime, he was already in both the state and federal stew pots.
I heard on the news yesterday that about 700 hundred American women have been raped overseas by our soldiers. Over 600 of them were female military. Are there going to be a large number of executions? or will most get their hands slapped?
ping
How many convictions have there been? There may also be cases under the SOFA where a service member was was not convicted under the UCMJ, but was convicted of rape under the laws of a host country which doesn't consider rape a capital crime.
A Military Trial council, like a DA in a civilian trial needs to reach a pretty high bar, and would have to demonstrate extreme aggravating circumstances in order to seek the death penalty in a Rape Case. Although I can't throw precise stats at you, my experience has been that the majority of service member on service member rape cases are barracks incidents that are generally analogous to the date rape allegations that arise from college dorm situations. I suspect the UCMJ keeps this a viable penalty simply because a service member raping a civilian of a subjugated enemy nation is an act of the worst kind of barbarism, and creates harm not only the victim on site, but severely undermines the goals and ideals of the nation as well as placing the soldier's fellow service members at risk for retribution from locals.
Had Laurean stayed and faced the rape allegations against him, he may have gone to court martial, but would have not faced the death penalty. On the other hand, now, if I were the prosecutor and I thought I had the evidence to convict him of rape, I'd go for the death penalty on the rape charge as well as the murder charge just in case he was somehow able to get one or the other charge thrown out or overturned.
While FL may agree with the scumbag Mexicans not to put him to death if convicted, NC may not have to enter into that “agreement”. Even if the Marines don’t put him to death, I think there’s still a chance that the skank will fry.
Notice how the MNM refuses to cover this. I just watched 30 minutes on all cable news channels and NOTHING ON THIS!! Could it be that the MNM is afraid to cover this because he’s a Latino double murderer-rapist AND possibly an illegal alien? After all, he WAS born ion Mexico, making him a Mexican national...
Kudos to the FBI and Mexican Police for finding this guy.....
Sorry I didn’t ping you, I was looking for the old ping list too!
Thanks for the ping, HiJinx. The news on TV last night said the perp was found in his “native Mexico”. Has anyone heard how he got his ‘resident’ status...legally, or illegally, by joining the Army?
I heard that this guy’s wife has been in contact him since he fled to Mexico. Charges might be coming regarding that. I think, IIRC, the wife also helped him clean up the blood stains and she believed that his victim had committed suicide. Somehow I have a suspicious feeling that the wife might have had a hand in the woman’s death. It seems in the beginning the police said the wife was cooperating, but if she remained in contact with the guy (and if it was not a ploy encouraged by the police) it sure sounds bad for the wife, too.
The latest from CNN:
[snip] Since Laurean holds both U.S. and Mexican citizenship, he cannot be immediately deported, Guzman said. His Mexican citizenship requires an extradition hearing, she said.
His capture in Mexico protects Laurean from facing the death penalty in the United States. Mexico’s extradition policy prohibits U.S. officials from seeking capital punishment against fugitives turned over by Mexican authorities.
If Laurean chooses to fight extradition, it could take up to two years to return him to North Carolina, Hudson said.
http://www.cnn.com/2008/CRIME/04/11/missing.marine/index.html?eref=rss_topstories
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