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

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.

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.

Army Noncommissioned Officer Defended by Attorney Richard Stevens Found Not Guilty of Premeditated Murder (and Related Allegations) of Iraqi Terrorist Insurgent

On 1 May 2008, just six days after the verdict in the SFC Trey Corrales case, an Army jury of officers and noncommissioned officers at Ft Hood, Texas returned a verdict of not guilty to all charges and specifications faced by SGT Leonardo Trevino. The jury deliberated for no more than an hour in returning the complete acquittal of SGT Trevino, who was facing allegations of premeditated murder, solicitation of murder, attempted murder and obstruction of justice (x 3). The alleged victim in the case...an Iraqi terrorist insurgent.

This case arose out of a 26 June 2007 small kill team (SKT) mission near Muqdadiyah, Iraq. Testimony at trial described SGT Trevino leading the SKT (like a sniper team) into an enemy neighborhood that had been taken over by Al Qaida insurgents for the purpose of ambushing the terrorist insurgents who were launching attacks against American forces, using the neighborhood as their base of operations.



On this mission, four terrorist insurgents were engaged from the SKT's rooftop position, one insurgent was carrying an RPG. After the initial engagement, one insurgent was dead and the three others had escaped. When SGT Trevino and others cleared the house these insurgents were coming out of, AK-47s, ammunition, grenades, IEDs, IED making equipment, Al Qaida propaganda and ski masks were discovered. A blood trail was also discovered which indicated one of the three terrorist insurgents who escaped was wounded during the initial engagement.

The blood trail led to another enemy house in the village in which the terrorist was discovered and where he ultimately died. SGT Trevino's role in the insurgent's death was at issue in the case. During hours of trial testimony, SGT Trevino described the mission and the many threats the SKT encountered, to include threats posed by the second terrorist insurgent who was killed.

The defense in the case focused on the credibility and motives of the witnesses, the apparent planting of evidence in SGT Trevino's room, the inconsistencies between the testimony about what occurred and the picture of the dead insurgent (which did not match what the witnesses claimed), what wound(s) caused the insurgent's death, and, finally, the threat posed by the second terrorist insurgent according to the applicable rules of engagement.

As stated in the previous (SFC Corrales) blog post, unlike other military offenses, premeditated murder has a mandatory minimum sentence of life imprisonment. Therefore, a conviction on the most serious offense would have mandated a life term. As with the SFC Corrales verdict, we are extremely thankful for, and are gratified by, the result in this case.

We salute SGT Leonardo Trevino and his fellow soldiers for their heroic military service in the war on terror - much of which is constantly in an environment of imminent danger. We thank the Trevino family for their sacrifice in loaning SGT Trevino to the nation to defend us, knowing what risk he, and you, were taking in doing so. And, finally, we sincerely thank the Trevino family for the honor of choosing Richard Stevens to represent and defend you.

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.

Army Noncommissioned Officer Defended by Frank Spinner Found Not Guilty of Premeditated Murder (and Related Allegations) of Iraqi Terrorist Insurgent

On 25 April 2008, after approximately seven hours of deliberation, an Army jury of officers and noncommissioned officers at Wheeler Army Airfield returned a verdict of not guilty to all charges and specifications faced by SFC Trey Corrales. SFC Corrales was accused of premeditated murder, solicitation of murder and obstruction of justice. The alleged victim in the case...an Iraqi terrorist insurgent.

On the mission in question, SFC Corrales and his troops identified Iraqi terrorist insurgents arming an IED in the road near Kirkuk. This sparked an engagement that included a helicopter missile strike at the insurgents. Ultimately, the insurgent at issue escaped into a village in which he was again engaged by the Americans. He died of his wounds a couple days after the engagement, after being medevaced by the Americans.

Testimony in the case indicated that SFC Corrales risked his life during the engagement to ensure that only the insurgents were engaged, and collateral deaths of women and children in the area were avoided.

The defense in the case focused on the credibility of the witnesses, the threat posed by the terrorist insurgent according to the applicable rules of engagement, and what the source of the fatal injuries was.

Unlike other military offenses, premeditated murder has a mandatory minimum sentence of life imprisonment. Therefore, a conviction on the most serious offense would have mandated a life term.

We salute SFC Trey Corrales and his fellow soldiers for their heroic military service in the war on terror - much of which is constantly in an environment of imminent danger. We thank the Corrales family for their sacrifice in loaning SFC Corrales to the nation to defend us, knowing what risk he, and you, were taking in doing so. And, finally, we sincerely thank the Corrales family for the honor of choosing Frank Spinner to represent and defend you.

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.