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Tuesday, September 18, 2007

Officer Represented by Frank Spinner Acquitted at Trial by Court-Martial

Recently, an officer client defended by Frank Spinner was found not guilty of the charges and specifications he faced in an overseas court-martial. The client was accused of six total charges and specifications (criminal allegations) of assault consummated by battery upon a commissioned officer and destruction of private property.

The court members (jury) deliberated for approximately 7 hours before delivering the verdict of acquittal. The officer client will now be retroactively promoted in accordance with a promotion that was delayed due to the administrative hold for court-martial, and will receive back pay commensurate with the appropriate date of rank.

While this criminal case was successfully defended, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial. For more information on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation.

Monday, September 17, 2007

Montel Williams Show - Illnesses After Military Anthrax Vaccination

As you saw from my previous blog posts, Kelli Donley (former USAF JAG attorney who was permanently disabled as a result of taking the mandatory military anthrax vaccine) was one of the guests on the Montel Williams show recently. The show addressed the issue of our military members becoming ill after taking the anthrax vaccine. Here is a link to a summary of the show and a video clip from it:

http://www.montelshow.com/show/detail/5194/

Transcripts ($9.95) from the show, "DYING TO SERVE," can be found here:

http://www.transcripts.tv/Welcome.aspx?NetworkID=44

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation.
Rape Charge and Court-Martial Dropped Against Noncommissioned Officer Represented by Attorney Richard Stevens

In the last few weeks, a noncommissioned officer defended by attorney Richard Stevens had the rape charge, and court-martial, he faced dropped by the government. Early in the case, the military defense counsel uncovered significant issues regarding the credibility of the alleged victim and her claims. These issues were highlighted at the Article 32 hearing.

After the Article 32 hearing, the defense submitted notice of our intent to continue the investigation of these credibility issues, to involve a forensic expert, and to file motions allowing us to use the information at issue. At that point, the rape allegation and court-martial were dropped by the government. The maximum authorized punishment for a rape conviction would have been life in prison without the possibility of parole.

For clients represented/defended by Richard Stevens, that brings to seven, the number of military rape, sexual assault and sexual offense cases in the last couple years which did not result in a court-martial conviction for the government – either because the case was dismissed/dropped or the client was found not guilty (complete acquittal). Please see previous blog posts for descriptions of those cases.

While these criminal cases were successfully defended, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial. For more information on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation.

Sunday, September 02, 2007

A Victim of the Military Anthrax Vaccine – Former USAF JAG Disabled by Anthrax Vaccine to Appear on The Montel Williams Show on Friday, 7 September 2007

You may recall my previous blog post about this show:

http://militaryadvocate.blogspot.com/2007/04/former-usaf-jag-disabled-by-anthrax.html

The show is now set to air on Friday, 7 September 2007 and is titled: “Dying to Serve?” You should check your local listings so you don’t miss this important episode. You can also check this link:

http://www.montelshow.com/wheretowatch/

Kelli Donley is a former USAF JAG attorney who was disabled by the military’s anthrax vaccine. This past March, Kelli flew to NY to tape an appearance on The Montel Williams Show, discussing her disability and how it was caused by the military anthrax vaccine. Kelli was diagnosed with Sporadic Spinocerebellar Ataxia and was medically retired from the Air Force.

Kelli's hometown is Beloit, KS. She graduated from Fort Hays State University with a BA in Political Science in 1993, Oklahoma State University with a MA in Political Science in 1995 and Washburn University School of Law with a Juris Doctorate in 1998. She is now medically retired from the Air Force under 100% disability. She lives in Oklahoma City.

Blog Content By: Kelli Donley

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation.