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Monday, March 19, 2018

As Seen on CAAFlog: The Military Justice System Keeps Outdoing Itself in the Highly Politicized World of Alleged Sexual Assault Prosecutions

Military Defense Lawyer (Former JAG Attorney) News:

It is increasingly difficult to stomach what is becoming of the military justice system, in the highly politicized issue of alleged rape and sexual assault court-martial cases (UCMJ Article 120).  Here is the latest sad chapter...

Per CAAFlog: "An Air Force senior trial counsel and a victims’ counsel conspire to prevent a military judge from presiding over sexual assault trials, succeed, win reversal of a sexual assault conviction"...

My comment: "If all of this is accurate, how is it not more of a scandal? Why aren’t names being named? Jobs being lost? Adverse paperwork being issued? Complaints being made to the ethics and professional responsibility office? One conviction may have been set aside, but how does that return confidence in a system in which some STC and SVC who have their nose out of joint can get a judge removed from any case, let alone a category of cases, because they perceive the judge is not receptive to their position? And, for this to be based on the Judge’s rulings in Bowser…really? The government looked so bad in that case, and looked either so ignorant of their discovery obligations or disdainful of them that to suggest the Judge is somehow biased for being forced to act in the way he did is unbelievable. Please someone tell me that heads are rolling behind the scenes, we just haven’t heard about it?! Because, if they’re not…there can be no confidence in this system. Period."

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

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Northern Florida/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.