Civilian Court-Martial Defense Lawyers: Air Force OSI Investigating Alleged False Rape Claim by Former Informant?

MILITARY DEFENSE LAWYER (Former JAG Attorney) NEWS:

A shocking event is reportedly occurring in the Air Force.  It appears the Air Force OSI (Office of Special Investigations) is investigating a female Air Force member for an alleged possible false rape allegation!  The story appears in the Daily Beast here:

http://www.thedailybeast.com/articles/2014/03/04/she-says-she-was-raped-working-undercover-as-an-air-force-informant.html

As you know, the topic of alleged rape and sexual assault in the military (UCMJ Article 120) is clearly the hottest topic in the military justice system.  Court-martial trials dealing with these allegations dominate the headlines and military legal defense practice.  And, there has essentially been a dramatic push to presume guilt in these cases and attempt to severely limit a military accused's right and ability to mount a defense in such a military trial.     

In fact, in a recent Air Force alleged rape case in which the Air Force JAG Article 32 Investigating Officer recommended not going forward to trial, and the Air Force JAG SJA recommended not going forward to trial, and the General Court-Martial Convening Authority (GCMCA, Lt Gen Craig Franklin) followed that advice and his own conscience and elected not to go forward to trial - the Air Force leadership took the case from the GCMCA and ordered a second Article 32 hearing because they seem to want there to be no discretion in the court-martial referral decision.  This prompted the premature retirement of the GCMCA.  See my blog post here:

http://militaryadvocate.blogspot.com/2014/01/civilian-court-martial-defense-lawyers_4755.html

So...  The fact that a female Air Force member is reportedly being investigated for an alleged false rape claim is staggering.  According to the story, at some point she served as an OSI informant, but at some disputed point she was relieved of that role.  It appears she is claiming that she was raped during the course of an undercover Air Force OSI investigation, yet they are now investigating her.  

However, now that the story has been reported in the press, I simply can't imagine that the Air Force will dare to take any adverse action against her claiming that her rape report was false.  Stay tuned on this...

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, you can type “rape” or “sexual assault” into the search bar above the blog posts.  We offer free consultations for a case you may be involved in.  Just call us.

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 Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us. 

 

 

Former Blackwater Security Contractors Seek Dismissal of Case Stemming from Nasoor Square Shooting

As you may recall, back in 2007 there was an incident at Nasoor Square in Baghdad, Iraq in which Blackwater International security contractors fired upon, and killed, individuals in the square when the American convoy was halted...based on the contractors' reported belief that they were under attack by terrorist insurgents.  

The incident fueled an already largely partisan debate about the role of, and limitations upon, private security contractors in the war on terror.  The Nasoor Square incident ultimately led to criminal manslaughter and weapons charges against several of the Blackwater contractors.  Those charges were dismissed by a federal district court judge in 2009.  Charges were resurrected against the Blackwater defendants and they are now apparently seeking dismissal based on whether, or how, the Military Extraterritorial Jurisdiction Act applies to contractors of the State Department (vs the DoD).  One of the articles appears in the Air Force Times, here:

http://www.airforcetimes.com/article/20140303/NEWS06/303030015/Ex-Blackwater-contractors-seek-dismissal-case

A lot has been alleged against Blackwater, not only in civil and criminal courts but in the court of public opinion.  Having defended military members accused of improper shootings/killings in Middle East combat, I always try to warn not to pre-judge.  Split second decisions and actions in the heat and fog of an asymmetric war zone are, at best, imperfect.  Even when mistakes happen, and they are bound to happen in any armed conflict (particularly one in which the enemy dresses as, and uses, the civilian populace to disguise and shield themselves), that doesn't mean the intent was criminal. 

After years of US government gag orders, Blackwater International founder, Erik Prince, has written a book called:  

"Civilian Warriors: The Inside Story of Blackwater and the Unsung Heroes of the War on Terror."  

Before accepting the prevailing public narrative about Blackwater, I encourage you to at least read Erik Prince's book for yourself.

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 Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.

Civilian Court-Martial Defense Lawyers: The Air Force Pats Itself on the Back Regarding the Special Victims’ Counsel (SVC) Program in Military Rape and Sexual Assault Court-Martial Cases, Part II (UCMJ Article 120)

As I mentioned in the previous blog post,  this was the original comment I posted in response to the Stars and Stripes and Military.com articles regarding the Air Force SVC program in rape and sexual assault court-martial cases (UCMJ Article 120):

http://www.stripes.com/news/air-force-program-a-rare-bright-spot-in-military-s-sex-assault-fight-1.269628 
 
http://www.military.com/daily-news/2014/02/27/air-force-program-rare-bright-spot-in-sex-assault-fight.html

“With all due respect, this is a very one-sided article (more of a promotional article than a balanced account) that doesn't seek to discover the continuing problems caused by SVCs for the fairness of this criminal justice system - some of which were detailed, with specificity, in the USAF Trial Defense Division's appellate brief in the LRM case. The SVC program makes Air Force lawyers, in many instances, still act like non-lawyers. In other words, when discovery and evidentiary rules and case law are clear, we are still seeing SVCs cast that aside to advocate for the alleged victim's nonlegal objection, regardless of what the law says. While that might be appreciated by alleged victims, how are nonlegal arguments contrary to the law really considered to be "success?" It is also important to understand that all the LRM decision stood for was the narrow proposition that SVCs could speak to the court in a limited capacity on behalf of alleged victims. It did not rule on the substance of SVC actions/representation - such as being obstructionist with regard to witness interviews, discovery, etc. While I won't paint every SVC with a broad brush, because I have seen improvement and have dealt with SVCs who still understand the requirements of the law, there have been plenty of problems, that continue to this day, with regard to SVCs forgetting that they are still lawyers and, as lawyers, the procedural rules and law applies to them as well.”

This initial comment was followed by this back and forth:

skipper060650

Oh...I don't know...maybe about the same way as some commanders in the past have forgotten that they aren't lawyers, judges or even legal experts...or perhaps the way some juries have waived just punishment because of the stars on someone's shoulder.

Just saying...give the program a chance....it's been a learning process for everyone. There are always going to be high and low points in a learning curve.

Richard Stevens 

The point is that instead of a one-sided cheerleading article, how about accurate, balanced journalism that describes both sides of the issue? I deal with these cases and SVCs constantly, and I can assure you there are two sides of this story. The public narrative about the issue of alleged sexual assaults in the military has been so skewed in the media and in Congress that it would be nice, at some point, if there was more focus on balance and accuracy, and less on saying and printing what sounds best in the court of public opinion/perception. If you really are a skipper, don't you want to know the whole story?

skipper060650

I am not military. I do believe that both sides of ANY debate should be heard and also in print. It is the only way that people can make a fair and impartial decision.  So please, DO put your side in print and allow people to judge for themselves. Why do you believe this issue has been so "skewed" by Congress and the press? What is your response to the allegations of advocacy groups like PROTECT OUR DEFENDERS? Why do you feel that the Military Court of Appeals was wrong to decide that the legal arguments of counsel representing the victim should be heard in court? 

Thank you. 

Richard Stevens 

(This last comment was rejected by the moderator)

Skipper. I've been writing about these issues since the early 2000s, when the Air Force Academy scandal occurred. There is not enough room in a comment section of one story to address all of this. Feel free to type "rape" into the search function of my blog and you will see many posts about the topic. Protect Our Defenders is just what you say it is...an advocacy group. The ideals upon which the entire American criminal justice system is based - presumption of innocence, due process, fundamentally fair trials - have given way in the military to the mantra (by politicians, military leaders, media stories, advocacy groups) that every allegation must be true. If a case isn't prosecuted the system has failed. If the prosecution results in an acquittal the system has failed. If the sentence isn't harsh enough the system has failed. If clemency has been granted the system has failed. That the statistics of allegation vs. conviction show the system is "broken." This is the only criminal justice system in American in which "jurors" come into court having been inundated with these messages from their employers/superiors. Few in the public discourse give voice to how legally incorrect military sexual assault briefings about alcohol result in scores of military cases in which complainants allege rape/sexual assault in scenarios that aren't rape or sexual assault. SVCs in many cases are making arguments and taking actions to oppose legally authorized evidence gathering, pretrial investigation, and trial arguments. This is all the perfect storm for how innocent military members get convicted, go to prison, and have their lives ruined. The goal in all of this is not for a fair military justice system. The goal now is a one-sided system that attempts to ensure the opposite - that the accused gets prosecuted, convicted, harshly sentenced, gets no clemency and has increasing obstacles to presenting a defense. So many of the voices being heard and published on this issue are either not voices of those who are dealing first-hand with these cases, or are not voices of those who can tell the other side of the story.  

As I have said before regarding this issue:  It is a very sad chapter in the history of the military justice system.

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts.  We also offer free consultations for a case you may be involved in.  Just call us.

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 Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.