C-17 Pilot Cleared in Death of Army Parachutist

Air Force Times Story Appears here:

http://www.airforcetimes.com/news/2012/12/air-force-c17-pilot-cleared-jblm-training-death-121412w/

Investigation Into Alleged Information Leaks in Making of "Zero Dark Thirty" Movie

Story appears here:

http://abcnews.go.com/blogs/politics/2012/12/sources-say-dod-inspector-general-report-criticizes-vickers-in-discussions-with-filmmakers/

American Special Operator Killed in Raid to Rescue American Doctor from the Taliban

The courage and sacrifice of American Special Operations forces is seldom fully understood except by those within their elite communities.  On occasion, we receive a glimpse of what they do for our country.  Seeking only to complete the missions - the most difficult missions - not to receive personal recognition or accolades.  Silent warriors, and the families who support them in the most difficult of personal circumstances.  Often not knowing where the operator is, when he will be coming home, or if he will be coming home.  

Recently, one such Special Operator was killed in the raid to rescue an American doctor from the Taliban.  Our thoughts and prayers go out to his family, friends and Team members.  The story, from ABC news, appears here:  

http://abcnews.go.com/blogs/headlines/2012/12/american-killed-in-raid-to-free-doctor-from-taliban/


Follow-up stories about the Operator appear here:

http://www.cnn.com/2012/12/10/world/asia/afghanistan-taliban-rescue/index.html?hpt=hp_t3

http://www.cnn.com/2012/12/11/us/seal-afghanistan/index.html?hpt=hp_c3 

Civilian Court-Martial Lawyers: Military Noncommissioned Officer Represented by Attorney Richard V. Stevens Fully Acquitted of Rape/Sexual Assault Court-Martial Claims (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military noncommissioned officer who was tried by general court-martial for charges alleging aggravated sexual assault (alleged nonconsensual sexual intercourse due to “substantial incapacitation” by alcohol – allegedly too drunk to consent) and attempted forcible sodomy was fully acquitted by the military court panel (“jury”).  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused military client pled not guilty to the charges and specifications.  During the fully litigated court-martial trial, the defense exposed issues regarding inconsistent stories about the alleged events, the credibility of the accuser, and the believability of the allegations.  This included clarifying the actual law of substantial incapacitation as opposed to the military’s sexual assault briefings in which the law is intentionally and consistently misstated. 

Based on the testimony and evidence in the case, the court members found the client not guilty of all charges and specifications in the case (full acquittal).  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included decades in prison (50 years), punitive discharge (Dishonorable Discharge or Bad Conduct Discharge), reduction in rank to lowest enlisted rank (E-1), total forfeitures of pay and allowances, and sex offender registration would have been required. 

While this military court-martial 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 or case. 

For more information on the military justice system, including military cases alleging rape and sexual assault (UCMJ Article 120), please see our other blog posts, including: 

http://militaryadvocate.blogspot.com/2011/01/civilian-court-martial-lawyers-military_17.html

Thank you. 

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

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 Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Fully Acquitted of Rape/Sexual Assault Court-Martial Claims (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

 

Recently, a military officer who was tried by general court-martial for charges alleging aggravated sexual assault (alleged nonconsensual, forcible intercourse) and indecent conduct was fully acquitted by the military court panel (“jury”).  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused military client pled not guilty to the charge and specifications.  During the nearly 4 day fully litigated court-martial trial, the defense exposed issues regarding inconsistent stories about the alleged events, the credibility of the accuser, and the believability of the allegations.  Based on the testimony and evidence in the case, the court members found the client not guilty of all charges and specifications in the case (full acquittal).  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included decades in prison, dismissal (equivalent of dishonorable discharge), total forfeitures of pay and allowances, and sex offender registration would have been required. 

While this military court-martial 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 or case. 

For more information on the military justice system, including military cases alleging rape and sexual assault (UCMJ Article 120), please see our other blog posts, including:  

http://militaryadvocate.blogspot.com/2011/01/civilian-court-martial-lawyers-military_17.html

Thank you. 

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

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 Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

HAPPY VETERANS DAY!

Please take some time this weekend to reflect on, and thank, those brave veterans who have served and protected our country in the past, those who are currently serving our country, and the families who support and share in  their sacrifices for us.  Have a wonderful and meaningful Veterans Day!

Navy SEALS Punished for Alleged Classified Information Breach

On the heels of the controversy surrounding the publishing of "No Easy Day" (a book about the Osama Bin Laden raid by former Navy SEAL), seven Navy SEAL members are now reportedly being punished for alleged classified information breaches.  Specifically, they are accused of sharing protected information, some involving their "trade craft," with the video game company EA for the game:  "Medal of Honor: Warfighter."

The Military.com story appears here:

http://www.military.com/off-duty/games/2012/11/09/navy-seals-punished-for-medal-of-honor-breach.html?ESRC=eb.nl

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

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 Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

 

CIVILIAN COURT-MARTIAL LAWYERS: DNA EXONERATIONS, FALSE CONFESSIONS AND THE NAGGING QUESTION: “HOW CAN YOU DEFEND THEM?”

Military Defense Lawyer (Former JAG Attorney) News:

An all too familiar story…

“DNA evidence exonerates 300th prisoner nationwide” by Molly Hennessy-Fiske of the Los Angeles Times:

A man on death row in Louisiana was exonerated and released after 15 years ON DEATH ROW for the rape and murder of his step-cousin.  He was interrogated by police for 9 hours before giving in and falsely confessing.  That confession led to his wrongful conviction, discovered by DNA testing only after a large portion of his adult life was spent in prison awaiting execution.  The story appears here:

http://www.latimes.com/news/nationworld/nation/la-na-dna-evidence-20121001,0,2977942.story

In this news story, the reporter details how this was the 300^th DNA exoneration of innocent men imprisoned for crimes they did not commit.  18 of these men were on death row, waiting to be put to death for something they did not do.  The news story goes on to describe how “last Monday, John Edward Smith was released from a Los Angeles jail nearly two decades after he was wrongfully imprisoned in connection with a gang-related shooting.  In August, Chicago prosecutors moved to dismiss murder charges against Alprentiss Nash 17 years after he was convicted of a murder that recent DNA tests indicated he didn't commit. Earlier that month in Texas, David Lee Wiggins was freed after DNA tests cleared him of a rape for which he had served 24 years.”

What can we take away from this?

- The system doesn’t always get it right

- Innocent people do get convicted of crimes they didn’t commit

- Allegations and charges are not always true and accurate

- Innocent people can and do falsely confess to crimes they didn’t commit when confronted

by manipulative and pressure laden police interrogations

For those of you who are quick to judge and to jump to the conclusion of guilt, maybe you should withhold your judgment.  For those “talking heads” in the press who jump on the “of course he’s guilty” parade, maybe you should reevaluate your perspective.  For those of you who say “I would never confess to something I didn’t do” or “just because he didn’t do this, I’m sure he’s committed some crime”…wake up!   

You can’t imagine the pressures experienced by the falsely accused.  You can’t understand what it’s like to undergo a police interrogation – often by an experienced law enforcement officer trained in interrogation tactics and techniques meant to confuse, increase pressure, and psychologically manipulate subjects into making incriminating statements or confessions.  As criminal defense lawyers, we frequently hear the question “How Can You Defend Them?”  I addressed that misguided question in blog posts back in 2007:

http://militaryadvocate.blogspot.com/2010/09/civilian-court-martial-lawyers-how-can.html

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

Here are some other blog posts addressing DNA exonerations:

http://militaryadvocate.blogspot.com/2007/11/innocent-man-freed-after-22-years.html

http://militaryadvocate.blogspot.com/2007/10/prosecutor-apologizes-12-years-after.html

I (attorney Richard V. Stevens, Military Defense Law Offices of Richard V. Stevens, P.C.) first dealt with the issue of false confession in a military premeditated murder court-martial case nearly two decades ago.  Since that time, I have defended many other cases in which false confession and military law enforcement interrogation methods were issues.  I am invited to teach/lecture at military defense lawyer conferences about the interrogation tactics of AFOSI, CID, NCIS, CGIS and false confessions in the military justice system. 

The Air Force now requires that subject interrogations be recorded.  It took ages for them to wise up to the need for this safeguard.  Sadly, other service branches have not followed suit.  What happens behind the closed door of the police interrogation room cannot truly be known and evaluated without a recording.  Failing to record interrogations is most often a strategic decision that allows the law enforcement officer to describe what supposedly occurred during questioning and the prosecutor can then hold that officer out to the jury as unimpeachable.  If the defendant dares to dispute the officer’s description of the interrogation, the prosecutor can argue the defendant has everything to lose in the case, so of course the defendant would lie about what happened in the interrogation to try to “get off.” 

The military justice system and the civilian criminal justice system is made up of people.  People have motives and ambitions and prejudices.  Those people include prosecutors and law enforcement officers.  If you blindly believe in the truth and accuracy of anything on a criminal charge sheet or emanating from the mouths of prosecutors or police, you grant them the opportunity to convict and jail innocent people – who could one day be you or a family member.  As a society, we always need to look for ways to improve the criminal justice system, make it more fair and make it more transparent.  We are, after all, a society that values truth, justice, and freedom…..

For more information about defending military court-martial cases and adverse administrative and disciplinary cases, please see our blog:  http://militaryadvocate.blogspot.com/

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

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 Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

CIVILIAN COURT-MARTIAL LAWYERS: FORMER MILITARY OFFICER REPRESENTED BY CIVILIAN DEFENSE ATTORNEY RICHARD V. STEVENS WINS DISCHARGE REVIEW BOARD APPEAL

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a former military officer represented by military law defense attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was notified that he won the Discharge Review Board (DRB) appeal.

Years ago, the officer client was accused of misconduct and was discharged by a military discharge board panel.  At that time, the client was represented by appointed military defense counsel.  The client hired civilian defense lawyer Richard V. Stevens for a Discharge Review Board (DRB) appeal.  The appeal package was prepared, argued and submitted by Richard V. Stevens, and we recently received notice that the appeal was granted and the DRB upgraded the discharge characterization to an Honorable Discharge, the reason for discharge was changed to a non-adverse reason, and the reenlistment code (“RE Code”) was changed to a non-adverse code. 

Due to the nature of adverse administrative actions in the military, no further details about this case can be released.  While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) 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.

For more information and case descriptions about defending military clients accused of misconduct and filing administrative appeals with the military branch Discharge Review Boards or Boards of Correction for Military Records, please access our blog (http://militaryadvocate.blogspot.com/) and enter “discharge review board” or “DRB” or “board of corrections for military records” or “BCMR” in the blog search box above the top blog post and you will be able to review previous posts about these topics and case defenses.  For more information on other aspects of the military justice system, please see our other blog posts.  Thank you. 

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

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 Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.