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Court Martial Attorney – Marine recruiter gets 3 years for sexual assault

SAN DIEGO: A jury panel at Marine Corps Recruit Depot in San Diego has sentenced a recruiter to three years in prison for sexually assaulting a 20-year-old Marine last year.

Sgt. David M. Marshall, 27, had been convicted of aggravated sexual assault and procuring alcohol for an underage person, a Marine spokesman said.

During the court martial, prosecutors accused Marshall of buying drinks for the female Marine at several bars in Lubbock, Texas, then taking her home and forcing her to have sex with him. Marshall’s lawyers contended the sex was consensual.

The panel of five officers and three enlisted Marines delivered its sentence Wednesday. It ordered that Marshall be reduced to the lowest enlisted rank. It also took away his pay for the duration of his sentence and handed him a bad-conduct discharge.

Marshall served as a recruiter in Texas, but the trial was held at the depot because San Diego is the command headquarters for Marine recruiters in the Western United States. –S.L.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Lawyer – Canadian soldier playing ‘quick draw’ when comrade was shot

By Chris Shannon, Cape Breton PostJune 25, 2009

Cpl. Matthew Wilcox is charged with manslaughter, criminal negligence causing death, and negligent performance of duty in the death of a colleague in Afghanistan.

SYDNEY, N.S. — Cpl. Matthew Wilcox said he was playing a game called “quick draw” when a gun went off killing a fellow soldier in Afghanistan in 2007, a close friend of the accused told Wilcox’s court martial Thursday in Sydney.

During a conversation Master Cpl. Kyle Keigan had with Wilcox on a night they both consumed as many as seven shots of rum and coke, Keigan said Wilcox admitted to playing the game with Cpl. Kevin Megeney just prior to his death.

“His weapon went off but he didn’t know it was loaded. He said it was a stupid mistake,” Keigan, a member of the 2nd Battalion of the Nova Scotia Highlanders, recalled Wilcox saying.

Quick draw was described in court as two soldiers facing each other three to four metres apart, with the intention of grabbing their handgun from the holster and pointing it in the position to shoot your opponent.

Keigan was the first witness to testify in Wilcox’s court martial on its opening day.

Wilcox, 23, from Glace Bay, N.S., is charged in the shooting death of Megeney, a Stellarton, N.S. native, who was shot with a single bullet from a 9-mm Browning army-issued handgun at the Kandahar base March 6, 2007.

He is also facing charges of criminal negligence causing death and negligent performance of duty.

During cross-examination, a number of inconsistencies in Keigan’s story began to appear as defence lawyer Maj. Steve Turner questioned him.

Keigan couldn’t remember where the conversation with Wilcox took place or if they were joined by anyone else. He couldn’t recall if they were dressed in civilian clothes or uniform. He also wasn’t sure if the meeting took place in November or December 2007.

Meanwhile, lead prosecutor Lt.-Cmdr. Robert Fetterly outlined in his opening statement a timeline of events on the day of the shooting.

Megeney and Wilcox had returned to their quarters after their shift. Another soldier who bunked with them wasn’t around.

A shot was heard, followed by screaming, Fetterly told the four-member military panel. Within seconds, Megeney was found “mortally wounded” with entry and exit wounds on his body.

Panicked, the soldiers didn’t wait for an ambulance and instead lifted Megeney on to a stretcher, and ran with it until they reached the Kandahar Airfield hospital.

Blood had soaked through a rug on the floor of the tent and there was a hole through a plywood support beam of the tent, Fetterly said.

A bullet was found hours later when military police were called back to the scene.

Fetterly told the court martial, the 9-mm Browning has a number of safety features. If the weapon’s magazine is released, even if a bullet is in the chamber, it will not fire, Fetterly said.

“Cpl. Wilcox failed to make his weapon safe,” he said.

“There has to be a magazine in it and he had to pull the trigger.”

Later Thursday, the court heard from Cpl. Bertrand Ryles, who talked with Wilcox a couple days after Megeney’s death.

Ryles said he looked “shocked and withdrawn.”

Calling it an awkward moment, Ryles said Wilcox opened up to him saying: “We were role playing. It was an accident. We just wanted to see who was faster.”

Earlier in the day the defence surprised military judge Cmdr. Peter Lamont by informing the court an application had been filed with the Federal Court in Halifax accusing the court martial as being improperly constituted because it does not include non-commissioned officers.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Lawyer – Fort Lewis soldier not involved in teen’s death, friend says

By Hal Bernton – Seattle Times staff reporter

FORT LEWIS, Pierce County — A 16-year-old girl who died of a prescription-drug overdose at Fort Lewis brought the pills onto the post and took them without the encouragement of her soldier boyfriend, another girl testified Thursday at an Army hearing.

Trashauna Yoacham offered a sharply different version of the February events that resulted in the Army charging Pvt. Timothy Bennitt with involuntary manslaughter for providing drugs that killed Leah King after she and Yoacham slipped into a barracks for enlisted soldiers.

When asked by a military defense attorney whether Bennitt, King’s boyfriend, had any involvement in the drug use, Yoacham responded: “No, he didn’t.”

Yoacham’s testimony came at the end of Article 32 evidentiary hearings and complicates the Army’s efforts to prosecute Bennitt. Fort Lewis command must now decide whether to move ahead with a court-martial that could result in Bennitt serving up to 82 years in prison if convicted on all counts.

“She has no motive to fabricate and no bias in this case,” said Capt. Don Michael Barbour, a defense attorney for Bennitt before asking an Army investigating officer to recommend that all charges be dismissed because a court-martial would not likely result in a conviction.

But prosecutors dispute that Yoacham, 16, offered an accurate account of the night of Feb. 14, and also say that the drug consumption detailed in her testimony would not have been enough to cause an overdose death.

“She certainly indicated some problems with her memory, and when questioned she indicated there were many details she had forgotten,” said Capt. John Schriver, a prosecuting attorney, in final remarks at the hearing.

King’s death in the barracks focused public attention on lax procedures that allowed underage girls to party in soldiers’ barracks and led to a crackdown on minors coming onto the post without parents or guardians. King and Yoacham ended up passed out on Bennitt’s bed in the barracks, with King dying of an overdose and Yoacham hospitalized for days.

Prosecutors have sought to blame Bennitt. They note that in a Feb. 20 interview with investigators, Bennitt said he had given money to King to purchase Xanax, an anti-depression drug. He also admitted crushing Opana, a pain reliever, so it could be snorted by King at the barracks.

In earlier hearings, an Army investigator testified Bennitt had been illegally buying prescription pills from another Army private in the summer of 2008, and began obtaining prescription drugs from a female friend of King’s, including the day before she died.

Defense attorneys say Bennitt was sleep-deprived and emotionally distraught when he made those admissions and have asked the Army to ignore that statement and give weight to an earlier one in which he denied any involvement with the drugs. But during hearings in May and earlier in June, defense attorneys were unable to locate Yoacham to testify and give her version of the evening.

Reporters were initially told by the Army that the hearing would start Thursday afternoon, but the hearing started in the morning, so media were not present for much of Yoacham’s testimony.

She testified King was dating the then-19-year-old Bennitt. She said she never saw Bennitt buy drugs for the girls, and the soldier didn’t know about the drugs the girls took Feb. 14.

She testified she and King shared an Opana pill at about 11 a.m. that day while they were still off the post. Then, that night at the barracks, King and Yoacham went into the barracks bathroom, where King took out a Xanax pill for them to take.

Yoacham and King went to a couch, and then to the bed.

King was found dead in the barracks at 3:30 a.m. Feb. 15, while Yoacham was found unconscious.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Lawyer - Delay in hearing evidence at court martial of soldier
Updated Wed. Jun. 24 2009 11:14 AM ET

The Canadian Press

SYDNEY, N.S. — It’s going to be one more day until evidence is heard by a military panel in the manslaughter trial of a Cape Breton soldier.

Cpl. Matthew Wilcox is also charged with criminal negligence and negligence of duty in the shooting death of Cpl. Kevin Megeney at the Kandahar base in Afghanistan.

The military judge, Cmdr. Peter Lamont, had originally said that a panel would be brought in today to start hearing evidence in the case.

But Lamont told the court today he needs time to consider pre-trial arguments on admissibility of evidence, and recessed the court until Thursday morning.

Megeney, 25, died in his tent after being shot in the chest on March 6, 2007.

Wilcox, 23, was charged with manslaughter last October.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Attorney – Court martial to begin in death of Stellarton soldier

Transcontinental Media

SYDNEY – A young Glace Bay reservist accused of manslaughter in the death of one of his comrades will find out this morning what evidence military judge Cmdr. Peter Lamont will allow during his court martial.

Cpl. Matthew Wilcox, 23, a member of the 2nd Battalion of the Nova Scotia Highlanders, is charged in the shooting death of Cpl. Kevin Megeney in Afghanistan in March 2007.

He also faces charges of criminal negligence causing death and negligent performance of duty.

Both Wilcox and Megeney, of Stellarton, were alone in a tent on the Kandahar airfield base when a single shot was fired from Wilcox’s 9-mm army-issued handgun.
It’s been nearly 10 months since the original charges were laid in a military courtroom at the army garrison in Sydney.

Following several pre-trial hearings in January, February, March and May, the voir dire hearing involving the admissibility of evidence began June 1.
There has been a publication ban on the proceedings until the voir dire process wraps up, expected later today.
Closing arguments for the prosecution and defence have been lengthy, leading to a delay to the start of the trial with the four-member military panel.

The defence completed its closing arguments late Tuesday night.

Defence lawyer Maj. Stephen Turner introduced an application Wednesday, which is included under the ban, before Lamont adjourned the court for the day.

It is expected the military panel will be sworn in today and the prosecution will then open its case.

The court martial could hear from 59 witnesses before the trial concludes.
Originally it was expected the trial would last up to five weeks, but there are indications it could run through the first two weeks in August.

Megeney family hoping

STELLARTON – The family of Cpl. Kevin Megeney is a bit relieved now that the court martial into his death is beginning this week.

Cpl. Megeney’s uncle, George, said on Wednesday morning that there’s “a feeling of relief” and that it’s another step along a painful road.

“It’s been a long process. It’s been over two years since Kevin was killed. Hopefully, it’ll bring closure for the family after the trial.”

Cpl. Matthew Wilcox, 23, is charged with manslaughter and criminal negligence and negligent performance of duty in the March 6, 2007, shooting death of 25-year-old Cpl. Megeney. The shooting occurred when both men were in their tent at the Kandahar Airfield in Afghanistan.

The court martial was expected to begin hearing evidence on Wednesday morning but that was postponed for one more day as the military judge Cmdr. Peter Lamont said he needed time to consider pre-trial arguments on admissibility of evidence. The court recessed until this morning.

Cpl. Megeney’s parents, Dexter and Karen, are attending the proceedings at the Victoria Park Garrison in Sydney. George Megeney said he is going to keep in touch with his brother to follow the proceedings until he can attend them himself for the final few days.

George Megeney was in the military for nine years, the latter part of his service he spent in the military police. Over that time he was involved in “quite a few” court martial proceedings but said there’s no way to tell which was Wilcox’s trial will turn out.

“You can’t predict the outcome.”

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Lawyer – Army pranksters dragged officer naked from bed following Iraq homecoming party

By Daily Mail Reporter

An Army officer was tied up and dragged from his bed by three soldiers during an Iraq homecoming party.

But they struggled to carry him down a flight of stairs and he ended up on the ground, naked and injured.

At a court martial yesterday a corporal and two lance corporals admitted their part in the incident, which had left their victim ‘very upset’.

But the hearing at Catterick Garrison, North Yorkshire, heard the instigator of the prank was a captain who was second in command of the cavalry regiment. He was also arrested but was never charged.

Corporal Paul Kingswood, 25, and Lance Corporals Mark Foster, 24, and Matthew Stenton, 22, admitted conduct to the prejudice of good order and military discipline.

The name of the victim and his regiment could not be revealed for legal reasons.

Lieutenant Colonel David Frend, prosecuting, said the incident happened on May 22 last year, just three days after the regiment returned to Germany from a tour of duty in Iraq.

Members of the unit had been invited to a barbecue and party to celebrate.

Lt Col Frend said: ‘A large amount of alcohol was consumed by both soldiers and officers.’

Towards the end of the evening the victim returned to his room in the officers’ mess and went to bed.

As the party continued, the captain invited the three defendants, among others, to join him back in the officers’ mess. The court was told such an invitation was’ virtually unheard of’.

The captain ‘thought it would be a good idea’ to bring another officer along as well, the court heard. He led the three NCOs to the officers’ mess annexe and left them there.

The officer they had gone to find was not in his room so the trio targeted another they thought would be ‘up for it’.

Lt Col Frend said the NCOs woke the officer and tied his hands with a tie and his feet with a dressing-gown cord. They lifted him from the bed and managed to carry him down a corridor. But during the incident, the hearing was told, the officer’s boxer shorts were torn and he ended up naked. He was also left with abrasions to his elbow and knee.

Lt Col Frend added: ‘With three people lifting there was a struggle and he suffered injuries.’

He said once the soldiers realised that the officer was in a drunken stupor himself, they carried him back to his room.

The hearing was told that Corporal Kingswood was an ‘exemplary’ soldier with eight years’ service and regarded as one of the best in the regiment.

The other two defendants were also highly regarded.

Kingswood was fined £1,000 and the other two £700.

Assistant Judge Advocate General Paul Camp said: ‘The second officer must bear some responsibility for what happened.’

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Lawyer – Soldier’s trial date moves again

Daily Guide

Fort Leonard Wood, Mo. – The trial date for a Fort Leonard Wood Soldier has been moved.

The court martial for Spc. Jermaine Johnson was moved from June 29 through July 1 to Aug. 27-29 at Fort Leonard Wood, with a motion’s hearing scheduled for June 30.
The court martial was originally set for May 18-20.

Johnson’s arraignment was held March 6 at Fort Leonard Wood where he was also advised of his rights with regard to the court martial. During the arraignment Johnson did not enter a plea, which, under the military justice process, preserves his right to make any and all motions available to him.

Johnson, 26, was apprehended Oct. 14 by the Army’s Criminal Investigation Command at Fort Leonard Wood in connection with the death of Myria Silva on or about Oct. 10.
Myria Silva, 23, was the spouse of Pfc. Benjamin Silva, who is assigned to the 4th Maneuver Enhancement Brigade at Fort Leonard Wood.

Charges against Spec. Jermaine Johnson include:
• Intent to deceive or provide false statements
• Premeditated murder
• One specification of sodomy against Myria Silva
• One specification of assault with intent to inflict grievous bodily harm against Myria Silva
• One specification of adultery; one specification of kidnapping; and one specification of obstructing justice

If convicted of all charges, the maximum punishment is life in prison without parole.

Fort Leonard Wood officials emphasize that the charges constitute an accusation and that the accused is presumed innocent unless proven guilty.

Johnson, an Army reservist with the 7223 Medical Support Detachment 10 from Mobile, Ala., was serving in Fort Leonard Wood’s General Leonard Wood Army Community Hospital as a healthcare specialist.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Attorney - Ramstein airmen get jail in separate drug, alcohol cases

Stars and Stripes

Two airmen assigned to Ramstein Air Base, Germany, were handed jail sentences during separate trials last week in military court at Ramstein.

Airman Jeffery Jolliff, 23, of the 435th Security Forces Squadron, pleaded guilty to marijuana use, marijuana possession, psilocybin mushrooms possession and oxycodone use. The offenses occurred last year, on June 1 and Sept. 1, somewhere in Germany, according to officials with the 435th Air Base Wing Military Justice Division.

In a special court martial Friday, Jolliff was reduced in rank to E-1, handed a bad-conduct discharge and sentenced to three months of confinement.

Earlier in the week, in another special court-martial, Staff Sgt. Charles Truett, 29, of the 435th Civil Engineer Squadron, pleaded guilty to one count each of drunken driving and reckless driving.

According to military justice officials, Truett, in the early morning hours of Jan. 17, was driving on the wrong side of the B270 roadway in Kaiserslautern when he struck a taxi cab, injuring a local civilian. The victim’s neck injuries were not serious, officials said. Truett’s blood-alcohol content at the time was reported to be 1.55. The legal limit in Germany is 0.5.

Truett was reduced in rank to E-1, sentenced to 45 days in jail and ordered to forfeit $933 in pay.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Lawyer – Fort Bliss Garrison Commander Talks About Zimmerman Case

Monica Balderrama-KFOX News Reporter

EL PASO, Texas — Fort Bliss Garrison Commander Col. Edward Manning talked to KFOX about the latest on the Frank Zimmerman case and his punishment.

As KFOX reported, Spc. Zimmerman who is charged with animal cruelty received an official reprimand by Manning, himself in April. Zimmerman is accused of stomping on the neck of his dog Tinkerbell and breaking his other dog, Wrigley’s, hind leg.

Manning was criticized by animal-rights advocates for disciplining Zimmerman under Article 15 of the Uniform Code of Military Justice, which is a non-judicial punishment.

Manning said legal council advised him to discipline Zimmerman under Article 15. Manning said, because of the severity of the offense, the reprimand was done by himself, a colonel, because a colonel would be able to use tools for discipline as opposed to a captain.

Manning explained that when Zimmerman was read his charges and his rights and he had several options. He could have appealed the charges or he could have requested a trial by court martial, which would mean he would get more rights to present his case but on the flip side the punishment could be more severe.

Zimmerman did not appeal and he didn’t opt for a court- martial, so Manning went forward with Article 15, which we know included losing his rank and facing a less-than honorable discharge.

Now, the next step is the procedure to separate him from the Army.

“The board is coming. He gets a chance to be represented by council, as does the government to present his case to a panel officers who will then vote and decide whether or not he should get retained in the Army, whether he should be discharged and what type of discharge,” said Manning.

Manning said Zimmerman is still at Fort Bliss, staying at the barracks, he only has monitored visits with his wife and child and continues to take anger management classes, as he awaits his court proceedings.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.

Court Martial Lawyer – AWOL soldier faces court-martial

By Krisy Gashler

The AWOL Fort Drum soldier who asked Ithaca’s Common Council for support last December is facing a July 1 court martial and the prospect of dishonorable discharge and a year in prison.

U.S. Army Specialist Stephen Trevor Loope served a 15-month tour of duty in Afghanistan in 2006-07, where he said he was subjected to mental abuse and intimidation by his peers and superiors and physical problems that went undiagnosed for six months while he was on the front lines.

Upon his return to Fort Drum, Loope said he sought out mental health treatment but was told there was nothing wrong with him.

In November 2007, after surgery for the physical problems, Loope said the threats from his unit drove him “over the edge.” He went absent without leave and returned home to Texas, where he sought help from a clinical psychologist in Houston. Loope was diagnosed with severe post-traumatic stress disorder and major depression.

In December 2008, Loope appeared before Ithaca’s Common Council, asking for letters of support as he returned to Fort Drum. He was led to Ithaca by a Common Council resolution passed in October 2008 designating the city a “Community of Sanctuary” for veterans opposed to the wars in Iraq and Afghanistan.

Loope and his attorney, Tod Ensign of the New York City-based advocacy organization Citizen Soldier, reported in late December that Loope looked to be headed toward an administrative discharge. A medical administrative discharge would mean Loope would serve no jail time and he could keep his veterans’ medical benefits, Ensign said.

Ensign said he has represented five other soldiers with similar circumstances, none of whom were prosecuted or served jail time. Another AWOL soldier who returned around the same time as Loope and with similar circumstances was given 30 days in jail then administratively discharged, Ensign said.

Loope, whose case has generated publicity throughout central New York, is facing a July 1 court-martial, he said.

“What this is really all about is making an example out of him,” Ensign said. “They want to send the message to young soldiers, ‘Don’t think you can just leave here, come back and be discharged. We’re going to make people who do that pay.’ And that’s what they’re doing here, because he’s got a very strong psychological evaluation,” suggesting he should be medically discharged, Ensign said.

Loope underwent an Army- mandated Sanity Board hearing Friday, during which two Army psychologists interviewed Loope for two hours, Ensign said. Out of that hearing, the psychologists will give a joint diagnosis, which will be used in the court-martial hearing, he said.

Calls to Fort Drum spokespeople were not returned Friday.

Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.