CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: 2008

Friday, December 05, 2008

Army NCO Found Not Guilty of Murdering Superior Officers

An Army court-martial jury at Ft Bragg has found Army National Guard Staff Sergeant Alberto Martinez not guilty of both counts of premeditated murder he faced stemming from the deaths of his superior officers CPT Phillip Esposito and LT Louis Allen. The alleged incident occurred in Iraq in 2005 and, if convicted, SSG Martinez could have faced the death penalty. The Army officers were killed when an anti-personnel mine detonated in the window of their room in Iraq.

For a link to the story, and links to the stories leading up to this acquittal, see:

http://www.armytimes.com/news/2008/12/ap_martinez_fragging_verdict_120408/

SSG Martinez is apparently the first soldier accused of “fragging” superior officers in the wars in Afghanistan and Iraq. While this may be the first “fragging” court-martial out of the war in Iraq, it is not the first murder trial (court-martial) arising out of that war. Sadly, there have been many.

For example, and in unrelated cases this summer (Army courts-martial not involving “fragging”), attorney Frank J. Spinner and attorney Richard V. Stevens defended two Army NCOs in two separate military trials (courts-martial) in which our clients were accused of the premeditated murders of terrorist insurgents in Iraq (alleged “war crimes”). In verdicts rendered within a week of each other, both clients were found not guilty of all charges (full acquittals).

For links to those cases, please see:

http://www.cbsnews.com/stories/2008/05/01/national/main4063969.shtml

http://blogs.mysanantonio.com/weblogs/military/2008/05/scott_huddleston_jurys_message.html

http://militaryadvocate.blogspot.com/2008/05/army-noncommissioned-officer-defended_05.html

http://militaryadvocate.blogspot.com/2008/05/army-noncommissioned-officer-defended.html

While reactions to court-martial verdicts can be mixed (and often are), whenever an acquittal (not guilty verdict) in a serious case is arrived at, it shows an accused can get a fair trial in the military justice system.

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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Tuesday, December 02, 2008

“Chemical Ali” Sentenced to Death

Saddam Hussein’s cousin, “Chemical Ali”, has been sentenced to death in Iraq - again - along with another Baath party official. Here is the story:

http://www.armytimes.com/news/2008/12/ap_chemicalali_120208/

Although, as I have posted before, I have issues with how the death penalty is administered in the United States, I can’t object to the death sentences faced by “Chemical Ali” and others who perpetrated numerous atrocities in Iraq. Call me a hypocrite, I’m ok with that. Bon voyage “Chemical Ali”…

Other death penalty posts:

http://militaryadvocate.blogspot.com/2006/11/saddam-hussein-sentenced-to-die-i-have.html

http://militaryadvocate.blogspot.com/2008/11/first-military-execution-since-1961.html

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

President Bush Pardons Second Air Force Airman

Recently, President Bush pardoned Andrew Foster Harley. Mr. Harley is a former Air Force Academy cadet who was convicted in 1985, in a general court-martial, of drug use and distribution. Here is a story on the pardon:

http://www.airforcetimes.com/news/2008/11/airforce_pardon_112608/

Last year, President Bush pardoned another former Air Force airman - William Marcus McDonald - who was also convicted in a court-martial, in 1984, of drug charges.

This shows that in the post-trial phase of a court-martial, there may be a sliver of hope even after the case has run its course through the appellate courts. The chance that a case gets overturned by Presidential pardon may be slim, but it's not unheard of. If Mr. Harley or Mr. McDonald had been dissuaded by the low percentage of cases that succeed in the pardon arena, they would never have submitted their pardon packages that were, ultimately, granted.

Congratulations to them.

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

Thursday, November 20, 2008

First Military Execution Since 1961 Scheduled For Next Month

It appears the military will execute PVT Ronald Gray next month at Ft. Leavenworth, KS. See:

http://www.armytimes.com/news/2008/11/army_execute_120108p/

http://www.cnn.com/2008/CRIME/11/20/military.execution/index.html

I know nothing about the case except for what I’ve read, so I won’t provide any opinions about the merits of the case against PVT Gray. Certainly, the allegations he was convicted of are grisly. Those who support the death penalty would point to that as justification for the “ultimate penalty.”

The problem I see with the death penalty is not the theory, so much as the practice. I know the criminal justice system makes mistakes. That is not an issue for debate. I know that innocent people have been convicted of crimes. That is not an issue for debate either. Just go to the Innocence Project website for example:

http://www.innocenceproject.org/?gclid=CIDKod2KhZcCFQv7agodMX9u_A

As of today, 225 people who were convicted and jailed have been exonerated by the work of the Innocence Project. Those are just the people lucky enough to have had their cases accepted by the Innocence Project and evidence that could be disproven by modern science. There is no telling how many other innocent people are imprisoned in our nation’s jails.

If innocent people can be wrongly convicted and jailed in America, innocent people can be wrongly convicted and executed in America. Therein lies the problem.

According to Amnesty International:

“In 2006, 91 percent of all known executions took place in China, Iran, Pakistan, Iraq, Sudan and the USA.”

“Ten countries since 1990 are known to have executed 58 prisoners who were under 18 years old at the time of the crime – Afghanistan (extra-judicially by the Taliban), China, Congo (Democratic Republic), Iran, Nigeria, Pakistan, Saudi Arabia, Sudan, USA and Yemen.”

We (the USA) are certainly keeping dubious company in our death penalty club.

Please see more information on the death penalty at:

http://asiapacific.amnesty.org/pages/deathpenalty-facts-eng

What is my brush with the issue? I had a military enlisted client who was accused of raping and attempting to murder (by decapitation) the wife of a fellow military member. Even though the victim miraculously lived, the gruesome and violent nature of the crime caused the prosecution to consider attempting to proceed with the case as capital (death penalty authorized). Thankfully, they chose not to do this. However, their consideration of the issue appeared in the local paper, much to the shock of my client’s parents.

There were significant problems with the identification of my client in the case. There were significant problems with the evidence in the case, including the fact that the forensic evidence that was collected did not match my client. Still, the prosecution proceeded through the preliminary hearing (Article 32 hearing). After a week of testimony, we were able to point out enough problems with the prosecution’s case that the investigation was re-opened.

The result of the re-opened investigation? The true perpetrator of the crime was discovered. The forensic evidence matched him, he confessed, and he was convicted at court-martial and sentenced to life in prison. My client was exonerated. However, just some minor changes in how the case proceeded against my client might have resulted in my innocent client sharing “real estate” with PVT Gray on the military’s death row.

Just some food for thought…

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

Military Anthrax Vaccinations

As you may know, I (attorney Richard Stevens) have written several blog posts in opposition to the mandatory military anthrax vaccinations. Please see:

http://militaryadvocate.blogspot.com/2007/09/montel-williams-show-illnesses-after.html

http://militaryadvocate.blogspot.com/2007/09/victim-of-military-anthrax-vaccine.html

http://militaryadvocate.blogspot.com/2007/08/links-to-anthrax-vaccine-website-and.html

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

http://militaryadvocate.blogspot.com/2006/12/more-on-military-anthrax-vaccinations.html

http://militaryadvocate.blogspot.com/2006/11/military-anthrax-vaccinations-are-they.html

I haven’t written any posts on the military anthrax vaccination program in quite some time. However, I was just alerted to an article on the subject that is definitely worth reading. It’s an article by Deborah Rudacille of the Baltimore Examiner. In her article, Ms. Rudacille reports:

“Between 1998 and 2000, the first two years of the mandatory vaccination program, approximately 20,765 troops were hospitalized, according to vaccination data that the Pentagon long withheld from lawmakers. The illnesses ranged from systemic reactions such as numbness, joint pain and extreme fatigue to autoimmune diseases such as lupus, musculo-skeletal disorders and other chronic conditions.

It is impossible to say with certainty how many have fallen ill after getting the shots because no one is keeping exact count.

The Food and Drug Administration, however, has confirmed 21 deaths following anthrax vaccination…”

So many servicemen and women have apparently been injured by these vaccinations, and I have still to see any data suggesting the vaccine has saved even one person. Yet, the combination of huge defense contracts and the DoD’s refusal to admit they were/are wrong will not allow the vaccination program to die – while the vaccination continues to cause military members to become ill and die.

To read Ms. Rudacille’s article, please go to:

http://www.baltimoreexaminer.com/local/112008anthraxpart2.html

Here are some others:

http://www.baltimoreexaminer.com/local/112008anthrax.html

http://www.baltimoreexaminer.com/local/112008anthraxletter.html

http://www.baltimoreexaminer.com/local/crime/Scientific_impossibility.html

Why is it that we will have to wait on the judgment of history to acknowledge the initial impulsiveness and lingering (and tragic) stupidity of this program? Money and hard-headedness, that’s why.

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

Military Rape Cases, Military Sexual Assault Cases, and other Alleged Military Sex Crimes and Military Sex Offenses

I (attorney Richard Stevens) was recently asked to compile links to my posts about military rape cases, military sexual assault cases and other alleged military sex crimes. For ease of access to these posts (instead of having to search through the blog archives), I have compiled the following links...

Posts About Military Sex Crime Cases Generally:

http://militaryadvocate.blogspot.com/2007/04/rape-and-sexual-assault-allegations-in.html

http://militaryadvocate.blogspot.com/2007/04/rape-and-sexual-assault-allegations-in_13.html

http://militaryadvocate.blogspot.com/2007/04/rape-and-sexual-assault-allegations-in_15.html

http://militaryadvocate.blogspot.com/2007/08/military-sex-scandals-another-blog-post.html

Posts About Some Military Rape and Military Sex Crime Cases I have Defended:

http://militaryadvocate.blogspot.com/2008/11/sexual-assault-charges-and-court.html

http://militaryadvocate.blogspot.com/2008/04/forcible-sodomy-charge-and-court.html

http://militaryadvocate.blogspot.com/2008/02/indecent-acts-charges-and-court-martial.html

http://militaryadvocate.blogspot.com/2008/01/rape-charge-dropped-against-officer.html

http://militaryadvocate.blogspot.com/2007/12/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/09/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/06/rape-charge-dropped-against.html

Posts About the Business of Being a Defense Lawyer in the Military Justice System and Generally:

http://militaryadvocate.blogspot.com/2007/01/our-military-defense-law-firm-we.html

http://militaryadvocate.blogspot.com/2007/07/value-of-good-defense-lawyer-you-might.html

http://militaryadvocate.blogspot.com/2007/06/cost-of-overzealous-prosecution.html

http://militaryadvocate.blogspot.com/2007/04/how-can-you-defend-them-duke-lacrosse.html

http://militaryadvocate.blogspot.com/2007/04/district-attorney-in-duke-university.html

http://militaryadvocate.blogspot.com/2007/04/unequal-justice-military-courts-are.html

Please understand that I don’t publish blog posts on every case I’m involved in, and I only began our blog in November 2006. So, there is a limited time period represented by these posts. Also, while the cases/links above 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 case or military trial (court-martial).

I appreciate your interest in our website and blog, and I hope this post assists you in accessing information you’re interested in. 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

Wednesday, November 19, 2008

Recent Cases of Attorney Richard V. Stevens

I (attorney Richard Stevens) am far from a prolific blogger; however, I do try to provide occasional updates on our latest news. I was recently asked to compile links to posts on my recent cases, for ease of access to them (instead of having to search through the blog archives). Based on that request, I have compiled the following links:

http://militaryadvocate.blogspot.com/2008/11/sexual-assault-charges-and-court.html

http://militaryadvocate.blogspot.com/2008/11/military-officer-represented-by.html

http://www.cbsnews.com/stories/2008/05/01/national/main4063969.shtml

http://blogs.mysanantonio.com/weblogs/military/2008/05/scott_huddleston_jurys_message.html

http://militaryadvocate.blogspot.com/2008/04/forcible-sodomy-charge-and-court.html

http://militaryadvocate.blogspot.com/2008/02/indecent-acts-charges-and-court-martial.html

http://militaryadvocate.blogspot.com/2008/01/rape-charge-dropped-against-officer.html

http://militaryadvocate.blogspot.com/2007/12/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/09/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/07/two-military-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/two-field-grade-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/rape-charge-dropped-against.html

Please understand that I don’t publish blog posts on every case I’m involved in, and I only began our blog in November 2006. So, there is a limited time period represented by these posts. Also, while the cases/links above 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 case or military trial (court-martial).

I appreciate your interest in our website and blog, and I hope this post assists you in accessing information you’re interested in. 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

Sunday, November 16, 2008

Attorney Richard V. Stevens Returns from South Korea - Happy Belated Veteran's Day!

I (attorney Richard Stevens) just returned from South Korea. I traveled there for a motion hearing in a court-martial case, and my trip took me through Seoul to Deagu (Camp Henry, Camp Walker, Camp George). Because of my trip, I was unable to post a message for Veteran's Day.

The trip, however, exemplified for me the impact our veterans have had on the world. As you travel through Seoul, and throughout South Korea, you are struck by what a modern country it is, compared with the Korea of the 1950s.

The war in Korea doesn't get the recognition that other American wars have received, but the impact of that war on the fortunes of the two Koreas is as stark as the satellite image above. Clearly, the north has been left in the dark.

Not only should we honor all of our veterans for their courage and sacrifices, we should also recognize how they have changed the face of the world for the better. Whether it was defeating fascism or communism in the past, defeating terrorism now, or championing other worthy causes around the world throughout history, the fact remains that the world is a much better and safer place because of what our American military men and women have done.

Thank you veterans!

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

www.militaryadvocate.com

Friday, November 07, 2008

Sexual Assault Charges and Court-Martial Dropped for Military Enlisted Member Defended by Attorney Richard V. Stevens

Recently an enlisted military member (E-4) facing military sexual assault charges had the charges and court-martial dropped by the government in favor of an administrative resolution. The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The government claimed the accused military member sexually assaulted two adult female acquaintances. The case was aggressively defended against at the pretrial Article 32 hearing and was set for trial within the month when it was dropped. In addition to contested legal issues in the case, the contested factual issues centered on the credibility of the allegations and the government’s witnesses.

The maximum authorized punishment for a conviction would have included significant prison time. For clients represented/defended by attorney Richard V. Stevens, that brings to twelve, the number of military rape, sexual assault and sexual offense cases in just the last few years which did not result in a court-martial conviction for the government – either because the case was dismissed/dropped or because 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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Military Officer Represented by Attorney Richard V. Stevens Cleared in Probe

Recently a company grade military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was cleared in a probe by military officials. The defense submitted a rebuttal to the issues and no adverse actions were taken against the client. Due to the nature of the subject matter and the probe, no further details are available.

While the defense of this case was successful, 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

Thursday, November 06, 2008

Military Defense Law Offices of Richard V. Stevens Relocates to Colorado

I (attorney Richard V. Stevens) have relocated my practice (The Military Defense Law Offices of Richard V. Stevens, P.C.) to Colorado Springs, Colorado.

As many of you know, I am a former military JAG attorney who now, as a civilian criminal defense attorney, focuses solely on defending military members facing courts-martial and other military adverse actions, discipline and investigations. throughout my career, I have years of military defense, military law (JAG, UCMJ), and military trial experience, both as a military lawyer and as a civilian defense attorney. While my military defense law firm in Colorado is now local to Ft. Carson, Peterson AFB, Schriever AFB, the Air Force Academy and Buckley AFB, my military defense law practice is worldwide. I travel to the location of the client to provide defense services, no matter where the client is stationed. I still represent members of all service branches stationed and serving around the world.

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.

NEW WEBSITE LAUNCHED

Thank you all for your patience while our old website was updated. Our new website has now been launched. It is still at the same address:

www.militaryadvocate.com

The new website has new graphics, web content and attachments. As before, the new website pertains to both my practice (attorney Richard V. Stevens - Military Defense Law Offices of Richard V. Stevens, P.C.) and Frank's practice (attorney Frank J. Spinner - Military Defense Law Office of Frank J. Spinner).

The website was created by PowerAdvocates, who specialize in law firm websites. Their site is at:

http://www.poweradvocates.com/

Thank you for visiting our blog and our new website.

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.

Thursday, October 23, 2008

WEBSITE AND CONTACT INFORMATION FOR OUR MILITARY DEFENSE LAW PRACTICES

As you see, our website address (http://www.militaryadvocate.com/) is currently re-directing to our blog because it is undergoing upgrades. Please contact us for a free consultation and to ask any questions you have about our backgrounds and experience. You will find links to posts about our recent cases below, after our contact information.

In addition, you can review our blog archive for various posts regarding criminal justice, military justice and our recent cases. Our website will be back up shortly. In the meantime, our contact information is:

Military Defense Law Offices of:
Richard V. Stevens and Frank J. Spinner
Toll Free Phone: 800-988-0602
E-Mail: militarylawfirm@gmail.com

Links to posts about some of our recent cases follow:

http://militaryadvocate.blogspot.com/2008/05/army-noncommissioned-officer-defended_05.html

http://militaryadvocate.blogspot.com/2008/05/army-noncommissioned-officer-defended.html

http://militaryadvocate.blogspot.com/2008/04/forcible-sodomy-charge-and-court.html

http://militaryadvocate.blogspot.com/2008/02/indecent-acts-charges-and-court-martial.html

http://militaryadvocate.blogspot.com/2008/01/rape-charge-dropped-against-officer.html

http://militaryadvocate.blogspot.com/2007/12/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/09/officer-represented-by-frank-spinner.html

http://militaryadvocate.blogspot.com/2007/09/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/07/two-military-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/two-field-grade-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/enlisted-airman-represented-by-frank.html

http://militaryadvocate.blogspot.com/2007/06/rape-charge-dropped-against.html

http://militaryadvocate.blogspot.com/2007/04/army-specialist-represented-by-david.html

Thank you for visiting our site.

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.

Wednesday, October 01, 2008

Fourth Military Guantanamo Bay Prosecutor Quits Over Ethical Concerns

Recently, it was reported that a fourth military prosecutor for the Guantanamo Bay detainee cases – Army LTC Darrel Vandeveld – has quit his post based on his concerns about how the government is handling the case he was tasked to prosecute, against detainee Mohammed Jawad. According to the Associated Press story, LTC Vandeveld alleges that potentially exculpatory evidence (evidence which may justify or excuse an accused defendant's actions and which will tend to show the defendant is not guilty or has no criminal intent) was not provided to the defense as required.

I can’t comment on the accuracy of this reported story or the allegations contained therein; however, no matter what your opinions may be regarding these prosecutions, this detainee court system, or the rights of suspected terrorists, I hope we can all agree that American prosecutors should never engage in unethical practices or tactics that include withholding evidence they are required to turn over to the defense. This is wrong when done, and leads to more comfort with the practice and further violations. What do I mean?

When prosecutors arrogantly believe they know what happened in a case (even though they were not actually present when the events occurred), they start to view and weigh evidence in a biased way – they are drawn to evidence that favors their theory and they disregard evidence that contradicts it. They get the “white hat syndrome”, believing they are the omnipotent champion of truth and justice who will prevail in the case. As a result of this distorted self-image, they see their crusade as much more important than the rights of a defendant, or rules, or anything that might stand in their way. Each time the rules are violated, it becomes a little easier. After all, they are the champions of all that is right, so they are only fulfilling their divinely ordained cause.

Ok, this may be a little overboard, but you understand the point. This description does not apply to all prosecutors. There are prosecutors in the military and civilian systems who are ethical, professional, thorough, objective and fair. But those who sit in front of the Nancy Grace show, spellbound, eating popcorn, laughing and cheering as she sneers at defense attorneys, dismisses the rights of defendants and ridicules rules that provide fair process to defendants – these are the prosecutors and personality-types to fear. They are bad for the system and, despite what they believe, they are not champions of justice. Anyone who has spent any time as a criminal defense lawyer has run across prosecutors like this.

Remember the case in which the Duke University lacrosse players were accused of rape? Do you recall how that case unraveled and what the North Carolina Attorney General’s office determined about the attempted prosecution and the actions of the District Attorney? I doubt that the District Attorney’s actions were motivated by a desire to convict and jail innocent people. To the contrary, it was likely the “white hat syndrome”. I have written other blog posts about this same theme:

http://militaryadvocate.blogspot.com/2007/04/how-can-you-defend-them-duke-lacrosse.html

http://militaryadvocate.blogspot.com/2007/06/cost-of-overzealous-prosecution.html

http://militaryadvocate.blogspot.com/2007/07/value-of-good-defense-lawyer-you-might.html

In any event, four prosecutors have now publically quit their jobs as prosecutors in the Guantanamo Bay detainee cases. That is very troubling. But, if some prosecutors are raising these public objections, we at least know that group-think, or pressure from higher ranks, has not overcome the ethical compass of all involved.

Here is a link to the AP story, which follows:

http://www.foxnews.com/story/0,2933,427624,00.html

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Guantanamo Bay Prosecutor Quits Over Detainee Case

Thursday, September 25, 2008

GUANTANAMO BAY NAVAL BASE, Cuba —

A U.S. military prosecutor at Guantanamo Bay has quit because of what he described as ethical disputes with his superiors, alleging they suppressed evidence that could help clear a young Afghan detainee of war crimes.

The prosecutor, Army Lt. Col. Darrel Vandeveld, described the disagreements in a statement supporting a defense bid to dismiss the charges against Mohammed Jawad. A copy was obtained Wednesday by The Associated Press.

"Potentially exculpatory evidence has not been provided," Vandeveld wrote, citing a failure by "prosecutors and officers of the court."

The disclosure triggered new attacks on the integrity of the Pentagon's military tribunal system, which has faced accusations of ethical lapses and political interference from other insiders including a former chief prosecutor.

The current chief prosecutor, Army Col. Lawrence Morris, denied that his office withheld evidence and said there was no basis to Vandeveld's ethical qualms. He said Vandeveld told him he was leaving his post for "personal reasons."

"All you have is someone who is disappointed because his superiors didn't see the wisdom of his recommendations in a case," Morris told reporters.

Jawad, who was captured in Afghanistan when he was 16 or 17, is accused of throwing a grenade that wounded two American soldiers and their interpreter in December 2002. He faces a maximum life sentence at a trial scheduled to begin in December.

Vandeveld said prosecutors knew that Jawad may have been drugged before the attack and that the Afghan Interior Ministry said two other men had confessed to the same crime, according to Michael Berrigan, deputy chief defense counsel for the Guantanamo tribunals.

In his written declaration, Vandeveld said he wanted to offer Jawad a plea deal that would allow him to receive rehabilitation during a short period of additional confinement. His bosses disagreed.

"As a juvenile at the time of his capture, Jawad should have been segregated from the adult detainees, and some serious attempt made to rehabilitate him," Vandeveld wrote. "I am bothered by the fact that this was not done."

Vandeveld declined to comment through a tribunal spokeswoman.

Jawad's lead attorney, Air Force Maj. David Frakt, said he asked for Vandeveld to testify at Jawad's pretrial hearing Thursday but he was denied authorization to fly to the U.S. Navy base in southeast Cuba. "He decided he could no longer ethically serve either as a prosecutor in this case or for the Office of Military Commissions," Frakt told reporters.

At least three other Guantanamo prosecutors have quit their posts with grievances about the process. The former chief prosecutor, Air Force Col. Morris Davis, resigned in October and accused his superiors of political meddling.

Davis testified last month that a Pentagon official who oversaw the tribunals until last week, Air Force Brig. Gen. Thomas Hartmann, pushed for Jawad to be prosecuted before others because the details of the case would grip the American public and help build support for the process.

"The guy who threw the grenade was always at the top of the list," Davis said.

The military judge later ruled that disqualified Hartmann from the case, saying he had compromised his objectivity by aligning himself with prosecutors.

Two other former prosecutors, Air Force Maj. John Carr and Air Force Maj. Robert Preston, asked to be reassigned after alleging in 2004 that prosecutors deliberately misled senior civilian Pentagon officials about the quality of evidence against defendants.
"This appears to be yet another example of the government pushing the commission's case forward with total disregard of the truth or the rules," said Jennifer Daskal, senior counterterrorism counsel for Human Rights Watch.

Jawad is one of roughly two dozen Guantanamo detainees facing charges. Military prosecutors say they plan trials for about 80 of the 255 men held here on suspicion of links to Al Qaeda or the Taliban.

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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, 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.

Tuesday, September 02, 2008

A Report by Col. Oliver North from the "Forgotten War" in Afghanistan

The following is a report for FOX News by Col. Oliver North about combat in Afghanistan. Due to the under-reporting of news on the war in Afghanistan, it is being referred to as the "Forgotten War."

It is extremely important that we not forget this front in the war on terror, and that we keep our American military members who are fighting there, and their families, in our thoughts and prayers.

Here is the story, which can be found at:

http://www.foxnews.com/story/0,2933,409283,00.html

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Report From a Forgotten War: Third in a Series

Friday, August 22, 2008

By Col. Oliver North

Herat Province, Afghanistan — Our FOX News “War Stories” team has moved to a former Soviet military base in western Afghanistan, about 50 miles from the Iranian border. We’re now with the 207th Afghan Commando Battalion and their U.S. Special Operations Command, Army and Marine counterparts. This remarkable unit celebrated Afghanistan’s 89th Independence Day this week with a capture-kill mission on a Taliban stronghold.

In Khost, 400 miles east of here, near the border with Pakistan, Taliban terrorists observed the anniversary by killing 11 of their countrymen in a suicide car bomb attack against a U.S. base and followed up with a human wave of suicide bombers unsuccessfully storming Camp Salerno.

In Kabul, President Hamid Karzai and U.S. officials commemorated the end of British rule nearly nine decades ago with a quiet memorial ceremony for those killed in the current seven-year-long fight for a free Afghanistan.

Here in the “Forgotten War,” Islamic radicals –- the Taliban and Al Qaeda –- are making a major push to destabilize the Karzai government. According to Afghan officials, foreign fighters are flowing across the porous border with Pakistan and enemy attacks are up more than 50 percent from a year ago. Yesterday, ten French soldiers were killed in a Taliban attack outside the capital. As usual, few in the so-called mainstream media bothered to note any of this.

Though American and coalition casualties have been nearly seven times higher in Afghanistan than in Iraq over the past four months, the campaign against a resurgent Taliban remains widely under-reported in the U.S. press. That’s why so many of our countrymen are unaware of the courage, commitment and sacrifice demonstrated by the 32,000 U.S. soldiers, sailors, airmen and Marines serving and fighting in the shadows of the Hindu Kush. Their stories are profoundly stirring. Herewith, a few recent examples:On July 23, 2007, Lance Corporal Garrett Jones (LCpl) was a “grunt” Fire Team Leader on patrol in Fallujah, Iraq, with 2nd Battalion, 7th Marines (2/7) when an improvised explosive device (IED) detonated practically beneath him, shredding his left leg. At the hospital, surgeons amputated the shattered limb above the knee to save his life.

Today, Garrett Jones is a Corporal (Cpl) – still with 2/7 – and serving here in Afghanistan. In less than a year, he has suffered life-threatening wounds, recuperated from surgery, endured rehabilitation, been fitted with a prosthetic leg, proved that he can perform in combat – and returned to duty. An avid “snow-boarder,” he plans to compete in the 2010 Paralympics in Vancouver, Canada.

Cpl. Jones could have taken a disability discharge and a pension for his wounds. Instead, he fought to stay on active duty and return to a war zone with those he calls his “battle buddies.” When I asked him why, he replied, “These are my brothers. I want to be where they are and continue to make a difference.” He is.

While we were embedded with 2/7, the battalion suffered a dozen serious casualties. Three Marines, Pfc Juan Lopez-Castaneda, LCpl Jacob Toves and Cpl Anthony Mihalo were killed in action (KIA) by improvised explosive devices. One of the wounded, LCpl Bryan Fisher, was flown to the British shock-trauma hospital at Camp Bastion. An excerpt from a message sent to me by the battalion chaplain, Lieutenant Russ Hale, CHC, USN:

“I went to the hospital to see LCpl Fisher, the ‘E’ Co. Marine who was wounded in the IED attack and had the unenviable task of sharing with him the names of the KIA from his platoon that were med-evaced after him. Like any human, he broke down and began to weep at the loss of his friends and brothers-in-arms. We spoke for a bit about loss and grief and how these kinds of events are not something a person ‘gets over,’ rather, we ‘get through’ and with God’s grace, we learn to cope in a healthy manner. As our conversation turned towards ways to honor the loss of his friends and his own future, LCpl Fisher floored me with his plans: ‘I'm glad I'll be here at ‘Bastion’ for awhile before I go back to the field. This will give me time to process my re-enlistment paperwork to stay in 2/7 and then I can return to my guys.’

“Here is a Marine who just lost three of his friends, could easily have been #4 of the KIA's, and his way of honoring his friends is to re-enlist to stay in the same battalion in order to return to the same place his friends were killed so that he can continue to carry the fight to the enemy. And what’s most important is that his actions are not an act of vengeance but an act of love; a way to honor his comrades. He inspires me.”

Stories like these should inspire you as well. Too bad the potentates of the press so rarely bother to cover them.

Oliver North hosts War Stories on FOX News Channel and is the author of the new best-seller, "American Heroes: In The War Against Radical Islam."

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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, 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.

Friday, August 22, 2008

Attorney Richard Stevens Returns from Okinawa and South Korea

I (attorney Richard V. Stevens) recently returned to the States from a trip to the Far East to represent two military members. One case was in Okinawa, Japan. The other was in Daegu, South Korea.

During my trip to Okinawa, I visited Kadena AB and Torii Station. During my trip to South Korea, I visited Camp Humphreys, Camp Carroll, Camp Henry, Camp George and Camp Walker.

Frank Spinner and I represent military members, from all branches of the military, stationed across the globe. Consistent with my other overseas trips, what I found during this extended trip was that our military men and women stationed overseas, far from family and friends, are motivated, cohesive and represent the best of their generation. We salute all of you for your continued efforts and commitment in distant locations and for a job very well done.

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.

Wednesday, August 20, 2008

"Defend Our Marines" Website Steps Forward in Spades

Below is a re-print of a blog post on the United American Patriots blog. Please access their site, with link to blog, at:

http://www.unitedpatriots.org/

These organizations are providing such incredibly important assistance to military families in need, based on accusations of "war crimes" out of armed conflict in the Middle East! We owe them our thanks, and we owe the soldiers they assist our respect and support.

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“Defend Our Marines” website steps forward in spades.

By Major Bill Donahue, USMC -RET August 18, 2008
DEFEND OUR MARINES
_____________________________________________________

Trial for Marine in civilian court two weeks away

Defend Our Marines offers match for defense fund donations by David Allender August 7, 2008

Major Bill Donahue (USMC, retired) heads United American Patriots, a national non-profit 501(c) 3 organization and its Warrior Fund project. His mission is to ensure justice for soldiers and Marines accused of crimes arising out of combat in Iraq.

Donahue speaks with passion about his cause. And he speaks with understandable pride about his successes. Donations from Warrior Fund were crucial to the recent exonerations of Sgt. Leonardo Treviño and Sgt. 1st Class Trey Corrales. Regarding contributions from across America, lawyer Rich Stevens said “you all played a part in these victories”.

“My Board of Directors and I are doing this because we know that the government isn’t giving our troops a fair shake,” Donahue says. “We also know that our soldiers and Marines already have the deck stacked against them. When a sitting congressional representative, John Murtha, can publicly proclaim our Marines as being ‘cold-blooded murderers’ even before any investigation begins, it is evident that politics is playing a major hand in these prosecutions. Either patriotic Americans step forward with money they would otherwise spend at the movies or these troop’s families will have to mortgage their lives to pay for an adequate civilian legal defense. JAG-appointed attorneys are notoriously inexperienced in these sorts of cases. We know times are tough for many citizens, but think about how tough spending the rest of your life in a military prison would be like–for just doing your duty.”

As has been reported extensively by Nat Helms for Defend Our Marines, the Third Battle of Fallujah will take place in courtrooms.

Jose Nazario will go on trial in civilian court in just two weeks (Donahue’s organization is shouldering the lion’s share of his legal fees). Nazario is charged voluntary manslaughter for the deaths of insurgents inside a house during combat operations. He is also charged with a long list of lesser charges including “knowingly using and carrying a firearm”.

As a Marine, Nazario faced the full might of the Iraq insurgency. Now, as a defendant, he faces the full might (and unlimited resources) of the United States government. Nazario’s resources are practically nonexistent, but Bill Donahue aims to tip the scales just a little by raising cash for his defense.

Here’s how you can help.

Go online to the Warrior Fund (www.unitedamericanpatriots.org) and donate now (just write “Jose Nazario Defense Fund” in the comment field during the checkout process). Or if, you prefer, send a check, to…

United American Patriots Inc.

Attn: Warrior Fund / Jose Nazario case

5817 Starboard Drive, Suite 100

Greensboro NC 27410

Defend Our Marines will match the first $1,000 dollar-for-dollar with a $1,000 contribution of our own.

We’ve never made such a direct appeal for help here on Defend Our Marines but are doing so now because we believe that Jose Nazario deserves the thanks of a grateful nation, not the prospect of life in prison.

We also believe in Bill Donahue as a man who is totally committed to justice. And we believe neither Jose nor his family should have to forfeit their lives in financial ruin to prove his innocence.

It’s urgent and imperative that the defenders of our nation receive just treatment from the citizens they’d give their lives to protect. If you agree, please step up today. Without your help, a good man like Nazario will never have the justice he so richly has earned.

[Blog Note: True to his word, David Allender has sent UAP a personal check for $1,000.00. And, through his website, he has raised more than $830.00 more for Nazario's defense. David is a true American Patriot]

Go to the Defend Our Fallujah Marines main page at:

http://www.warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm

Or, contact David at at WarChronicle@verizon.net

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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, 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.

Friday, July 04, 2008

Happy Fourth of July!

Happy Fourth of July to you and yours! Before the cookouts and fireworks, please take a moment to give thanks for the brave men and women of the American military, and their families, whose courage and sacrifice ensure our freedom.

Have a great and safe Independence Day!

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

Monday, May 26, 2008

HAPPY MEMORIAL DAY

We wish you all a very Happy and Meaningful Memorial Day. Please take some time today to reflect on the meaning of the day and to thank those brave Americans who have made the ultimate sacrifice for our country.

Please also keep in your thoughts and prayers those brave Americans (and their families) who are currently serving our country, particularly overseas in the War on Terror.

On this Memorial Day, I am going to particularly remember a couple things...

This is the one year anniversary of a tragic loss of American soldiers near Muqdadiyah, Iraq on Memorial Day 2007. On this day last year, an American helicopter was downed by terrorist insurgents in Iraq. Lost were the two pilots: LT Keith Heidtman and CWO Theodore Church.

When the helicopter went down, a quick reaction force from 6-9 Cavalry on FOB Normandy was scrambled to respond to the downed helicopter. Tragically, enemy IEDs killed six of these soldiers on the way to the scene. Lost were:

LT Kyle West

SGT Jonathan Markham

SGT Anthony Ewing

CPL James Summers

CPL Zachary Baker

SPC Alexandre Alexeev

This mission played a central role in the case of SGT Leonardo Trevino, and its impact on the entire unit was dramatic. I will be keeping the two pilots, the six Army Cavalry troopers and their families in my thoughts and prayers today.

An article on this incident can be accessed at:

http://www.stripes.com/article.asp?section=104&article=54053&archive=truehttp://www.stripes.com/article.asp?section=104&article=54053&archive=true

Today I will also be thinking about the Honor Flight program. The Honor Flight program is a non-profit organization created solely to honor America's veterans for their sacrifices. They fly American veterans, free of charge, to Washington, D.C. to visit memorials from our wars to honor their fallen brothers and sisters. Priority for these free Honor Flights is given to senior veterans. Right now, those are the remaining WWII veterans. After the WWII veterans, the organization will focus on veterans of the war in Korea and the war in Vietnam. When I think of the ultimate sacrifice paid by those who are represented and remembered by our war memorials, I can think of no more fitting tribute to them than to have those they served with visit the memorials and offer their private thoughts, remembrances and reflections about those who were lost.

The Honor Flight program can be accessed at:

http://www.honorflight.org/

We live in an amazing country and our freedoms are protected through the sacrifices of our military. So many have paid the ultimate sacrifice. We thank and honor them all!

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

Monday, May 19, 2008

Support for American Soldiers Accused of Crimes out of Fighting the War on Terror in the Middle East

Reflecting back on the SFC Trey Corrales and SGT Leonardo Treviño cases, I can’t express how important the support – both moral support and financial support – was for the accused soldiers, their families and their defense teams. We thank you all so much.

Last year, I first wrote about organizations that were assisting these accused soldiers and their families with legal bills and other expenses incurred as a result of the accusations they faced. Here is the link to that blog post:

http://militaryadvocate.blogspot.com/2007/10/charitable-organizations-established-to.html

Scott Huddleston (San Antonio Express-News), who covered the SGT Leonardo Treviño case at Ft Hood, TX, addressed this support in his post-trial blog, stating:

"As in the Corrales case, Treviño's family held fund-raisers and relied on groups such as United American Patriots and the Military Combat Defense Fund to give the sergeant the best possible defense."

Mr. Huddleston’s entire blog post can be accessed at:

http://blogs.mysanantonio.com/weblogs/military/2008/05/scott_huddleston_jurys_message.html

In the Treviño case, we received support from the people of San Antonio, TX (Leonard’s home town) and organizations like the Military Combat Defense Fund (MCDF). Some links for the MCDF, “Defend Our Troops” and “Defend Our Marines” can be found at:

http://www.militarycombatdefensefund.com/

http://warchronicle.com/DefendOurTroops/TheseVictories_10MAY08.htm

All of the support we received was so very appreciated. The majority of support we received for the Treviño case, and continue to receive, came from the United American Patriots and their Warrior Defense Fund. They, like the others, doggedly seek support for these cases out of the Middle East. Throughout the Treviño case, they continued to express their support for us and to rally support for the Treviños and the Corrales family. This organization does the same for the other cases they are involved in, as I have seen in their e-mails and mailings since I was introduced to them. Some links to their organization are:

http://www.unitedpatriots.org/

http://www.unitedpatriots.org/Warrior%20Fund/main.asp

http://www.warrior-fund.org/

When asked about the support we received, I have continued to say the same thing – it was absolutely crucial.

As I have written elsewhere, it is very difficult and confusing for our military members and their families, who have sacrificed and contributed so much to the military's missions, to suddenly face accusations of crimes out of combat in the Middle East. Support – both moral support and financial support – is incredibly important for our troops and their families emotionally, and to cover the costs of defending these cases.

In order to properly defend our troops against these allegations, it takes a considerable amount of time and effort. For example, there were multiple pretrial hearings – Article 32 hearing, pretrial confinement hearing, motion hearing – in the Treviño case. There was the need to make multiple trips to Ft Hood to interview all the necessary witnesses. There was the need to spend a lot of time at Ft Hood preparing for trial, and then defending the case in trial. Some of these cases require trips to the Middle East – which means even more time away and more expense.

Most attorneys who specialize in military law, like we do, travel from our offices to the bases/locations where the cases are being held. These trips mean time away from other cases and considerable expenses for us to essentially live at the location of the trial for periods in which we're preparing the case and then trying the case. Without the donations the Treviños received, it would have been virtually impossible for them, or any similarly situated military family, to afford the defense provided.

I certainly feel guilty for saying that. I would love to be in a position to provide defenses to these troops for free. They sacrifice so much for us. But, the reality is that we turn away cases/clients to ensure we have the time necessary to devote to defending these cases, and we amass such considerable expenses in travel and working out of distant locations, that it isn't financially possible for us to defend these cases pro bono.

The support we received in these cases was so vital to a proper defense. Looking back, after two full acquittals (Treviño and Corrales), all the time and effort we poured into these defenses was well worth it. I just hope the organizations who provide this support continue to be able to raise and receive similar support for other cases they’re involved in. It is truly crucial for these families!

If you are reading this blog post, you are likely interested in the military justice system. At this time in our country’s history, the military justice system is dealing with many cases questioning the actions of our troops who are prosecuting the war in the Middle East. With so much media exposure, public access to and scrutiny on the actions of our troops, this trend is likely to continue until the troops all come home. As you will see throughout our law firm’s blog posts, we send our support and thoughts and prayers to our American soldiers who are fighting this war in very difficult conditions (insurgent warfare in urban environments) and in a very politically sensitive time. I hope you all continue to support our troops as well.

We thank everyone who expressed their support for our clients and their families throughout the Corrales and Treviño cases – whether it was words of encouragement or financial donations; both were so important for these successful defenses. You all played a part in these victories!

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.