The Court of Appeals for the Armed Forces (CAAF) recently upheld an Army trial judge's dismissal - with prejudice - of a sexual assault court-martial due to repeated discovery violations by the military prosecutor. Here is an analysis of the case on the blog CAAFlog:
http://www.caaflog.com/2015/08/21/opinion-analysis-finding-deeply-troubling-conduct-by-trial-counsel-caaf-affirms-dismissal-with-prejudice-in-united-states-v-stellato-no-15-0315ar/
At this point over the years, I have posted countless stories about the military justice system and how misguided politicians and advocates are seeking to destroy the fairness of the system by making changes to the system, and threatening more changes, if "trends and statistics" don't change to their liking - meaning predetermined prosecution oriented outcomes in alleged rape and sexual assault cases (UCMJ Article 120).
In this oppressive environment, the defense relies, more than ever, on prosecutors and trial judges to be immune from this improper pressure and to ensure the military justice system is fair. In this Stellato case, it appears the military trial judge did just that, but trial counsel apparently wasn't equal to the task. I wonder what Sen Gillibrand, Sen McCaskill, Rep. Speier, and others who spew their ignorance about the military justice system would think about this appellate decision? Was this, in their eyes, a necessary and sound decision to uphold the integrity of a criminal justice system and the Constitutional rights of an accused...or is this one more indication the military system is "broken" because a defense motion was granted and this sexual assault case didn't result in conviction and harsh sentence?
We are practicing during a very dangerous chapter in the history of the military justice system...
For more information about the military
justice system, particularly cases alleging rape and/or sexual assault in
violation of UCMJ Article 120, type “rape” or “sexual assault” into the search
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By:
Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Blog
postscript: Attorney Frank J. Spinner and I (attorney Richard V. 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 and military justice. 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 and The Law Office of
Frank J. Spinner for a free consultation. These military defense law offices
are located in Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB,
Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado
Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB,
Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military
defense law practices are worldwide – we travel to wherever our clients are
stationed or serving and need us.
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