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Court Martial Attorney – ADC defends troubled Airmen

by Senior Airman David Carbajal
3rd Wing Public Affairs

7/30/2009 – ELMENDORF AIR FORCE BASE, Alaska — Letter of counseling, letter of reprimand, Article 15, court martial. These are terms Airmen don’t want to hear when they’re in trouble, but there is help.

Area Defense Counsel staff Capt. Seth Rundle and defense paralegal Staff Sgt. Jessica Larsen provides free legal defense services to Airmen.

The ADC will take on a case and defend it to the fullest extent of the law, said Rundle, who came into the position in June.

“It’s important for Airmen to come to see us sooner rather than later,” said Rundle, who has been an attorney for nearly five years. The captain stressed that people can’t “unmake” an official statement. “Once you make a statement, you’re stuck with it. It can’t hurt an Airman to consult with me before making statements about something he may be in trouble for,” he said.

The ADC office is the one place in the Air Force where a servicemember can talk with an attorney with complete confidentiality.

The wing legal office staff works for the wing leadership and will initiate adverse actions against a member on behalf of the commander. The ADC office is independent from all other base agencies and reports to the Air Force Legal Operations Agency.

The ADC staff does, however, maintain a working, professional relationship with the legal office, said Larsen.

Rundle and Larsen worked together in the 3rd Wing Legal office for more than a year before moving over to the ADC. Rundle, as the ADC, is responsible for researching a case, counseling clients, handling routine legal actions and managing the entire office. Now, as the defense paralegal, Larsen performs the same duties, but cannot provide legal advice to members.

ADC is a tool to assist Airmen when they’re in need, but avoiding legal trouble is always suggested, the captain said. They can also offer advice on areas that may seem beyond military justice.

“Many people don’t know that something as small as an LOC can keep you from re-enlisting,” Rundle said. “Likewise, referral EPRs can negatively impact an Airman’s career.”

Airmen who seek the services of the ADC can make an appointment by calling 552-3887. The ADC is located at 10480 22nd Street, Suite 330 in the old library building.

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 - Authors work to clear Air Corps pilot’s name

Alvin Kotler of Canton and Jack Flynn wrote the story of William Flynn in an attempt to clear the name of the World War II pilot .

By Kelly A. Mello – GateHouse News Service
——————————————————————————–
Canton — At the wake for United States Army Air Corps Lt. William Flynn, Jack Flynn saw a short man pin silver wings to his brother’s uniform.

Jack Flynn learned that this man, retired United States Army Air Corps Sgt. Alvin E. Kotler, was a friend of his brother who served with him in World War II.

In addition to being close to William, the two men had another thing in common: They wanted to clear his name.

Kotler and Jack Flynn became friends, and Flynn learned the details of the incident that ended his brother’s military career with a dishonorable discharge and sent him to federal prison. Those details became the subject of Kotler and Jack Flynn’s book, “We Came to Fight a War.”

Kotler, a Canton resident, met William Flynn at an operational training unit in Tennessee. They flew as a crew for three months.

“We trained together,” Kotler said. “We were like a family. We lived as a crew, fought as a crew and depended on each other.”

Kotler became the radio gunner on William Flynn’s B-17 during the course of multiple bombing missions out of Foggia, Italy, in 1944 and 1945.

On May 28, 1945, William Flynn, a Wakefield resident, was awarded The Distinguished Flying Cross for “extraordinary achievement” in combat and Kotler was awarded the Purple Heart for a mission in which they were also cited for destruction of government property.

The crew was flying to Vienna when they came under fire and were shot off course, descendeding through the Italian Alps. The shrapnel struck two engines, which failed and caused the oxygen line to leak. Kotler received a shrapnel wound to his leg. Despite the chaos, William Flynn knew what had to be done. In order to clear the mountains, he told the crew to strip the plane and throw anything they didn’t need outside to keep the plane from falling too quickly.

In what Kotler described as incredible flying, William Flynn managed to avoid crashing on a beach and found an emergency landing field and safely put the plane down.

“We were the important part, not the plane,” Kotler said.

“[William] was built to fly, to do heroic things,” Jack Flynn said. “He had a way of calming people down when horrible things were happening.”

On April 15, 1945, Kotler and William Flynn completed their 25th and final bombing mission out of Foggia, Italy. To earn some extra money before they were shipped back home, Kotler said the pair took on training flights. William Flynn was going to get married when he got back, and wanted to save for the wedding. One flight was for the tuxedo, Kotler recalled. Another was for the catering. Each flight brought William Flynn closer to marrying the woman he loved.

There were concerns at the time by the Army Air Corps about pilots “buzzing” – flying below 1,000 feet over heavily populated areas. When William Flynn lost control of his B-17 during a June 22, 1945, flight, Kotler and Jack Flynn said he became the Army’s scapegoat.

According to Kotler, William Flynn lost control of his plane over a “tent city” where pilots and co-pilots were staying. The area was known for its rough winds and while William Flynn struggled to keep the plane as high as possible, it jerked to the left and dropped as low as 40 feet above the ground. One of the plane’s wings struck a telephone pole cable, which wrapped around a driver who was killed in the accident.

A General Court Martial was convened, and William Flynn was convicted of manslaughter, relieved of all honors and benefits, dishonorably discharged from the service and sentenced to a year of hard labor in a federal prison.

Jack Flynn and Kotler said William Flynn didn’t stand a chance during the trial. After his attorney died of a heart attack, he was provided with an inexperienced Judge Advocate General lawyer to defend him.

Many of the witnesses who could have helped William Flynn’s case had been shipped out before the trial. One witness who did stay to testify was ordered to sign what Kotler and Jack Flynn call a false statement indicating that William Flynn was “buzzing” at the time of the accident.

After the war and prison time, William Flynn married Dorothy Dunnan of Stoneham, and they raised seven children together. William Flynn ran into Kotler some years later, and Kotler offered him a job at his liquor store in Lakeville after learning he was having money problems. William Flynn worked for Kotler long enough to get back on his feet and later worked for UPS as an area manager until he retired in 1985.

For 15 years, every Memorial Day, William Flynn would fly a small plane over Wakefield and drop flowers on Moulton Field where there was a memorial for fallen veterans.

“They chose Bill to do it because he was the only pilot in the area who could be relied on to hit the target from a thousand feet,” Jack Flynn said.

William Flynn died in March 2008 at the age of 83.

“To the day he died, he never spoke bad of his country,” Kotler said.

“He never blamed the government,” Jack Flynn added. “He was a patriot from the get-go.”

After William Flynn died, Kotler and Jack Flynn made it their mission to clear his name and see his military honors restored. Their crusade led to the publication of “We Came to Fight a War,” a book that Jack Flynn has sent to former President George H.W. Bush and to Sen. John Kerry, seeking their help.

Bush replied with a personal letter expressing his condolences but apologizing because he couldn’t get involved. Kerry sent back a more generic letter saying the past conviction could not be overturned.

But Jack Flynn and Kotler aren’t giving up.

“Our goal is to right this wrong,” Jack Flynn said.

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 – Afghan mission will fail – soldier

(UKPA)

A British soldier facing court martial for refusing to return to Afghanistan has said that the army’s mission will fail and troops should be withdrawn from the country.

Lance Corporal Joe Glenton, 27, from the Royal Logistic Corp handed in a letter of protest to Downing Street.

He said that the Nimrod crash in 2006 was a key event which left him disillusioned with the war during his first tour of Afghanistan.

L/Cpl Glenton said: “Carrying coffins from where they were stored by forklift truck down to the medical centre, that’s certainly something that has stayed with me, humping bodies around on this forklift truck.”

Taliban forces and the British Army are simply “grinding each other down” and achieving nothing, he said.

The soldier went on: “I don’t believe our cause is just. I think it’s adversely affecting the Afghan people as well as the British Army and their families. I think it has become part of the problem rather than the solution.”

He is facing court martial on Monday for desertion and could face up to two years in a civilian jail.

L/Cpl Glenton, who lives in York, called on Gordon Brown to withdraw British troops from Afghanistan because he believes their mission will fail.

He said: “I know that the Afghan people are very resilient. I can’t see us getting much further.”

July was one of the bloodiest months for British forces with a series of fatalities. But the soldier said he felt obliged to speak out against the conflict despite the risk of damaging morale.

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 – British soldier protests Afghan war to PM

(AFP)

LONDON — A soldier facing a court martial for refusing to serve in Afghanistan urged Prime Minister Gordon Brown Thursday to withdraw Britain’s troops, saying they had become “a tool of American foreign policy.”

Delivering a letter to Brown’s Downing Street office, Lance Corporal Joe Glenton, 27, said the NATO-led mission there was bringing “death and devastation” to the Afghan people and would ultimately fail.

“It is my primary concern that the courage and tenacity of my fellow soldiers has become a tool of American foreign policy,” he wrote.

“I believe this unethical short-changing of such proud men and women has caused immeasurable suffering not only to families of British service personnel who have been killed and injured, but also to the noble people of Afghanistan.”

The protest came as the Ministry of Defence (MoD) confirmed that British forces in Afghanistan had suffered their highest casualty rate since the US-led invasion of the country in 2001, in the wake of the September 11 attacks.

Twenty-two British soldiers were killed in July fighting Taliban insurgents in the southern Helmand province, in an upsurge of violence ahead of presidential and local elections on August 20.

In his letter Glenton said: “The war in Afghanistan is not reducing the terrorist risk, far from improving Afghan lives it is bringing death and devastation to their country. Britain has no business there.”

Speaking to reporters afterwards, the soldier — who faces a court martial for desertion next week, and could be jailed for up to two years — explained why he would not return to Afghanistan.

“I don’t believe our cause is just. I think it’s adversely affecting the Afghan people as well as the British army and their families. I think it has become part of the problem rather than the solution.”

Earlier this week an opinion poll indicated that more than half of Britons think military forces in Afghanistan cannot win and troops should be withdrawn immediately.

Fifty eight percent see the offensive against Taliban extremists in Afghanistan as “unwinnable”, and 52 percent want troops out, according to the ComRes survey published in the Independent newspaper Tuesday.

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 – Pakistan judge calms fears of imminent Musharraf trial

By Sajjad Tarakzai (AFP)

ISLAMABAD — Pakistani lawyers called Thursday for Pervez Musharraf to face trial despite the country’s top judge appearing to rule out initiating a case of treason against the former military ruler.

The Supreme Court, headed by recently reinstated Chief Justice Iftikhar Muhammad Chaudhry, is listening to an investigation into Musharraf’s imposition of emergency rule that saw dozens of judges sacked two years ago.

The court said notice had been issued for Musharraf to appear in person or through a lawyer, but the ex-president ignored the summons — attending neither in person nor through counsel at sessions on Wednesday and Thursday.

Chaudhry was reinstated in March by Musharraf’s successor and rival President Asif Ali Zardari, who was forced to execute an embarrassing climbdown and bow to public opinion and restore the judges after weeks of chaos.

“He (Musharraf) suspended the constitution and the judiciary. All steps he took were to keep himself in power,” senior lawyer Hamid Khan told the court.

“All his actions should be declared null and void, and he should be declared a usurper,” he said.

Fellow senior lawyer Akram Sheikh asked the court to refer its investigation of general Musharraf to Pakistan’s powerful army for court martial.

“Musharraf did not appear in court. Therefore until new proceedings start against him, Musharraf’s case should be referred to the army. He should be tried under army law,” he said, telling AFP that would mean a court martial.

“They are demanding Musharraf’s trial under article six of the constitution, which relates to ‘abrogation or subversion’ of the constitution and calls for him to face trial for ‘high treason’,” senior lawyer Khawaja Haris told AFP.

But the chief justice, who is yet to conclude the probe into the declaration of emergency rule, backed away from pursuing Musharraf in the courts.

“We should draw a line between what he has done as army chief and what he has done as president,” Chaudhry told the court.

“We have to proceed very carefully… We are not here to destroy anything. We are here to stabilise everything,” he said.

Musharraf was replaced last year as Pakistan’s president by Asif Ali Zardari, whose party won general elections and who reinstated Chaudhry and his fellow judges in March following a protracted political crisis.

Opposition leader Nawaz Sharif and lawyers organised a march on the capital Islamabad, demanding that Zardari reinstate Chaudhry during mass protests last March that risked further destabilising the nuclear-armed country.

Under Western pressure Zardari conceded to defuse the standoff with Sharif, who had urged the masses to rise up against the government.

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 – Court martial of soldier wrapping up

CBC News

Was it self defence or a game of quick draw?

The case of a Nova Scotia soldier charged with shooting a comrade to death in Afghanistan two years ago is wrapping up in Sydney, N.S., with jurors hearing two very different versions of what happened.

The prosecution and defence presented their closing arguments Tuesday at the court martial of Cpl. Matthew Wilcox.

Wilcox, 24, a reservist from Glace Bay, N.S., has testified he feared for his life when he heard a trigger being pulled and fired his gun instinctively on March 6, 2007.

He said it was only when he saw the body on the ground that he realized it was Cpl. Kevin Megeney, his friend and tentmate at the Kandahar airbase.

Prosecutor Maj. Jason Samson told the four-person military jury that Wilcox’s claim of self-defence is not credible and that both soldiers were playing a game of quick draw.

He said Wilcox knew that soldiers have, on occasion, pointed weapons at each other and should have taken the time to see who had the gun.

Instead, Samson said, Wilcox fired a “wild, unaimed” shot that killed Megeney.

Wilcox’s lawyer, Lt. Col. Troy Sweet, told the court that the prosecution has the story wrong.

“My job is to punch holes in the prosecution case beyond a reasonable doubt. This isn’t a case of a quick draw. It’s a case of self defence. And it always was,” he said.

Sweet said soldiers are trained to never point a gun at anyone and to always consider a gun pointed at them to be loaded. He noted that the shooting happened in a war zone, where soldiers are always on high alert.

“How comfortable would you be with someone pointing a gun at you?” he asked the jurors.

Sweet said Wilcox only took the stand because he felt all of the facts weren’t coming out in the prosecution’s case and he wanted to set the record straight.

Wilcox has pleaded not guilty to charges of manslaughter, criminal negligence causing death and negligent performance of a military duty.

A verdict is expected later this week.

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 - Air Force Reserve opts not to discipline Mark Sanford over marital affair

By Tim Smith – Staff writer

COLUMBIA — The U.S. Air Force Reserve considered disciplinary measures against Gov. Mark Sanford over his extramarital affair but has decided to take no action, his command office told The Greenville News.

Sanford serves as a captain in the Air Force Reserve. Adultery is considered a crime in the military, punishable under the Uniform Code of Military Justice. Those in the armed forces also are subject to nonjudicial punishment for acts of adultery, ranging from a commander’s letter of reprimand, which can end an officer’s career, to forfeiture of pay.

Sanford publicly confessed last month to an adulterous affair after returning from a secret trip to Argentina where he had met his lover. He apologized for his behavior and said he was attempting reconciliation with his wife.

In response to questions by The News, Cliff Tyler, spokesman for headquarters of the Air Force Reserve Command at Robins Air Force Base in Georgia, said, “They looked at all the facts and they looked at the circumstances and the decision was made as a command not to take any action against him.”

Tyler said he was unsure of the exact process used or the reasons behind the officials’ decision. He said it was a deliberative process.

Sanford is in Europe on a two-week vacation with his family. He will return Aug. 5.

Joel Sawyer, spokesman for the governor, said he had no comment on the military review of Sanford’s affair.

“He’s looking forward, not backward,” he said.

Eighteen members of the service faced court-martial in 2008 involving at least one charge of adultery, according to the Air Force. Another 173 faced non-judicial punishment for adultery. So far this year, seven members of the Air Force have faced court martial on an adultery charge, and 87 have faced non-judicial punishment, according to Lt. Col. Linda Pepin, spokeswoman for the Secretary of the Air Force.

Stephen Karns, a Dallas military lawyer since 1995, said it wouldn’t be surprising that a commander would avoid any disciplinary action in a case like Sanford’s, in which no spouse is complaining to the military, the adultery didn’t involve another member of the military and there were no other charges.

Many adultery incidents, such as those that become known to military commanders, end up in nonjudicial proceedings, he said, that can result in a forfeiture of some pay, a written reprimand or a verbal admonishment.

But in the case of a reservist, even that is remote because the military code of law only applies to those on active duty, said Mathew B. Tully, a Washington lawyer who has practiced military law for 10 years and writes a legal column for military newspapers.

“It is near impossible for reservists to be charged with this,” he said.

Tully said if Sanford were to have engaged in an affair while on duty, he could be charged.

“But if he was having sex with his mistress on a Tuesday and his military duty was on Saturday and Sunday, there is no way there is Uniform Code of Military Justice jurisdiction over him,” he said.

Tully said in cases in which he has been involved, there is normally some type of military connectiomm — that is, the officer has sex with another member of the military, or a spouse of another member of the military overseas and the accused adulterer was on active duty at the time of the affair.

“Here’s a typical situation that comes up,” he said. “You’re a sailor. Your home port is in Hong Kong. You’re off on liberty and you’re married and you have sex with a prostitute. Technically, did you commit adultery? Absolutely. Are you going to be prosecuted for that? Not at all.”

That’s because part of the requirement for prosecution is that the affair “was to the prejudice of good order and discipline in the armed forces,” Tully said, meaning that it affected morale of the unit or brought discredit to the military.

That’s more often the case, he said, in situations in which a married officer has sex with a subordinate or the spouse of another member of the military.

Those officers who are prosecuted face the end of their careers, lawyers say. In fact, Tully said, officers are often asked to resign in lieu of a court-martial. Such arrangements have cut short the careers of the Air Force’s first female B-52 pilot, who was caught in a highly publicized case in 1997, as well as various generals.

In the case of Lt. Kelly Flinn, who was the nation’s first female pilot of a B-52, she was accused of ignoring repeated warnings from superiors to stop her affair with the husband of an enlisted female airman. She eventually was discharged, The Los Angeles Times reported.

Sanford joined the Air Force Reserves in 2002 and was commissioned as a second lieutenant as he campaigned for his first term as governor. He initially was assigned to the 315th Aeromedical Evacuation Squadron based in Charleston. In 2005, Sanford was assigned to the Air Force National Security Emergency Preparedness command at Tyndall Air Force Base in Panama City, Fla.

Maj. Susan Romano, director of public affairs for the First Air Force at Tyndall, said the governor’s job is as a liaison officer with military or civilian units for disasters or emergencies nationwide.

Early in his first term Sanford was challenged in court over his service in the Air Force Reserve because of a clause in the state Constitution that prohibits a governor from also holding another office or commission.

Sanford told the South Carolina Supreme Court in 2004 that his service in the Air Force Reserve made him a better governor and a better father to his four sons. The justices sided with Sanford and ruled he could remain in the Reserve.

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 - Soldier’s testimony at manslaughter trial ’self-serving,’ court martial told

By Chris Shannon, Cape Breton PostJuly 28, 2009

The prosecution called Cpl. Matthew Wilcox’s testimony “evasive, contrived and self-serving” in a closing address Tuesday to a four-member military panel, and asked it to render a guilty verdict on all charges including the most serious, manslaughter.
Photograph by: File photo, Cape Breton PostSYDNEY, N.S. — The prosecution called Cpl. Matthew Wilcox’s testimony “evasive, contrived and self-serving” in a closing address Tuesday to a four-member military panel, and asked it to render a guilty verdict on all charges including the most serious, manslaughter.

Wilcox, 24, has pleaded not guilty to charges of manslaughter, criminal negligence causing death and negligent performance of duty in the March 6, 2007, shooting death of Cpl. Kevin Megeney in a tent on the Kandahar Airfield base in Afghanistan.

Megeney, from Stellarton, N.S., shared a tent with Wilcox. Wilcox has testified he considered Megeney his closest friend while on tour in Afghanistan.

During testimony Monday, Wilcox said that he could hear a Browning 9-mm pistol being cocked behind him in his tent while he was taking off his gear following a 12-hour shift at Kandahar Airfield’s main gate.

He glanced back to see the barrel of a pistol pointed at his back and his “instinctive reaction” was to fall back, ready his pistol and shoot. Within seconds Wilcox realized he had shot Megeney in the chest.

Prosecutor Maj. Jason Samson told the panel in his closing arguments that Wilcox had admitted to shooting Megeney and did so without assessing the situation first.

“A wild, unaimed shot is exactly what Cpl. Wilcox has admitted to,” he said.

Unlike the prosecution’s theory — it believes Wilcox and Megeney had been playing a game of “quick draw” with their pistols — Samson said the defence’s self-defence strategy is a “contrived fabrication that is not to be believed.”

Wilcox, who appeared visibly nervous during cross-examination, was described by Samson as “shifty” and “not truthful” in his testimony.

As defence lawyer Lt.-Col. Troy Sweet opened his address to the panel, he asked how its members would react to having a pistol pointed in their direction.

“If we always treat a weapon as loaded, how comfortable are you with a weapon pointed at you?”

Sweet said while soldiers are in a theatre of war, whether a soldier is on his own base or not, the “threat is constant.” He said Wilcox had reason to fear for his life at that point in time.

Military judge Cmdr. Peter Lamont will discuss how to frame his charge to the panel with both the prosecution and defence Wednesday, with the military panel returning Thursday for final instructions before deliberations.

If found guilty on either manslaughter or criminal negligence causing death, Wilcox could face a maximum sentence of life in prison. The charge of negligent performance of duty carries a maximum penalty of two years less a day.

© Copyright (c) Cape Breton Post

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 - Hennis murder trial delayed again

By Drew Brooks -Staff writer

A military judge has agreed to delay the murder trial of Master Sgt. Timothy B. Hennis.

Col. Patrick Parrish set a new trial date of Feb. 22. Hennis’ lawyers had asked that the court martial be postponed.

Parrish also ordered prosecutors to produce two of their witnesses at a hearing in August. The hearing will address whether Parrish should grant defense motions to suppress testimony related to eyewitness identifications.

Hennis, 51, is accused of killing Kathryn Eastburn and two of her daughters May 9, 1985. Their bodies were found inside their home at 367 Summer Hill Road.

The witnesses ordered to testify at the August hearing are Patrick Cone and Lucille Cook. Both picked Hennis out of a photo array used by the Cumberland County Sheriff’s Office when it originally investigated the murders.

The court-martial was scheduled to begin Sept. 15. It originally was slated to begin in June 2008.

Earlier this month, defense lawyer Frank Spinner asked Parrish to delay the trial because lawyers needed more time for DNA testing and finding witnesses, and because of time conflicts.

According to lawyers on both sides, the trial should take at least eight weeks and will involve more than 100 witnesses.

The prosecuting lawyers opposed the delay. They said if the trial had to be put off, it should be held in October or February to avoid conflicts with the holiday season.

This will be the third trial for Hennis. He was found guilty in 1986 in a civilian court and sentenced to death. He won an appeal and was acquitted at his second trial in 1989. He resumed his Army career and retired in 2004.

The military pulled Hennis out of retirement in 2006 and charged him again after civilian investigators reported that DNA testing of semen found in Kathryn Eastburn’s body linked Hennis to the crime.

If convicted, Hennis could face the death penalty.

Cone and Cook both testified in previous Hennis trials.

Cone picked Hennis out of six photographs, pegging him as the man he saw outside the Eastburn home the morning after the killings. Cook said she saw Hennis use an ATM card days after the killings. Investigators have said that card belonged to Kathryn Eastburn.

One of Hennis’ lawyers, Maj. Kris Poppe, said there are problems with the way the arrays were presented that biased the witnesses toward picking Hennis. He also said it was possible the witnesses identified Hennis based on pictures in newspapers and not on what they actually saw.

He said information that could possibly identify Hennis was included in one set of photographs.

In another, Hennis was the only one dressed in a dark coat, which Poppe said could have influenced Cone, who said the man he saw leaving the Eastburn home was wearing a dark coat.

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 who went Awol leaves army
A soldier who went absent without leave with a friend amid bullying claims has left the army and will not face a court martial, the Ministry of Defence says.

Ptes Andrew Jones and Andre Treble left Buckley Barracks, Wiltshire, in March and were later arrested in Cwmbach, Rhondda Cynon Taf.

They returned to their barracks and the Royal Military Police investigated.

But Pte Jones, 22, from Penrhiwceiber, near Mountain Ash, has now had his army discharge papers, his mother said.

Anne Evans added: “He won’t face a court martial because he has left.”

She said she had only had a brief conversation with her son over the phone is was not yet aware of all the details.

The men went missing from Buckley Barracks near Chippenham after Pte Treble claimed he was beaten by soldiers, who then ransacked his room.

Pte Treble, also 22, had described how he was allegedly attacked and punched by other soldiers at the barracks while minding his business in his room.

He claimed he was left with cuts on his head and a black eye.

Pte Jones said he felt he had to stand by his friend because of the bullying.

But after going Awol, a warrant was issued for their arrest.

They were arrested by South Wales Police at the end of March following a tip off from a member of the public and transferred to the custody of the Royal Military Police.

At the time, Pte Treble said: “The first day we were Awol we went to Wales, to Aberdare.

“After that we went up north to Preston, Blackpool staying in B&Bs and in the car – anywhere we could because we had no money.”

They returned to south Wales but knew they could be arrested at any time.

Pte Jones, who is married to Clair, 27, said after going Awol: “All I want to do now is get out of the Army and concentrate on being a husband and father. I want to get a normal job and have a normal life.”

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.