Looks like we’ll have to wait a little longer:
Navy prosecutors have asked a judge to delay the trials of two SEALs accused in connection with the alleged assault of a reported al-Qaida terrorist — apparently because of evidence issues.
Documents were submitted Dec. 30 to the trial judge, Capt. Moira Modzelewski, requesting the government continue the special court-martial of Special Operator 1st Class (SEAL) Julio Antonio Huertas, scheduled to begin Jan. 11, and that of SO2 (SEAL) Matthew Vernon McCabe, scheduled for Jan. 19.
Hearings on those motions are expected to happen next week, lawyers for each SEAL told Navy Times.
The trial for a third SEAL, SO2 (SEAL) Jonathan Elliot Keefe, has already been continued until April 6 at the request of his lawyer.
The defense is using the time to cast public doubt on the private case:
(The lawyers) say much of the government’s case so far is based on the statements of a third class master-at-arms who claims to have witnessed the alleged assault.
Both lawyers say the five separate statements given by that sailor appear to conflict with each other. Neither lawyer could discuss the exact details of the statements…
The purported lack of evidence from the government has been identified as an issue since the arraignments started Dec. 7 and was the main reason that Keefe’s lawyer, Greg McCormack, asked for a continuance at Keefe’s Dec. 20 arraignment…
That’s because, he said, much of the evidence is still undergoing classification review.
If the facts aren’t on your side, argue the law. If the law’s not on your side, argue the facts. Add to that – from a defense attorney’s perspective – do whatever you can to shape the environment in the court of public opinion. The prosecution, on the other hand, is more or less compelled to save their argument for court. Arguing for a delay?
Well, for such a high profile case accusing tip of the spear warriors, I certainly hope the Navy has its factual and legal ducks in a row. Otherwise this’ll get stinky fast.
It was more than sufficiently odiferous when the charges were preferred. The longer it drags on, the riper the bouquet.
Somebody open a window, please.
Stinky fast? It already is stinky. To high heaven. In the worst place such an odor can permeate. That place is with the warriors doing the fighting. This, Fort Hood, the USNA Color Guard incident, Hadithah, Diversity, all have created an atmosphere in which juniors rightfully perceive senior leadership in the DoD as being without the courage and character to do what needs doing, and willing to sell down the river anyone junior to them who does. http://blog.usni.org/2009/11/07/cowardice-not-blindness/
Okay.. I often throw my 2-cent’s worth out, and often it’s a bit harsh, but here is the way that this old First Class Petty Officer, had I been their LPO, would have handled the issue.
I would line up all three of these fellows and demand that they tell me what happened.
Then I would have told them that they each had 4 hours a day of extra duty for the next thirty days. If I caught ANY of them slacking, or not telling me the complete and unabridged truth, than it would be kicked up the chin of command for further ideas and consideration.
That’s the way the system used to work. I’d tell the chief what was going on, and he’d tell the DivO, who would tell the XO, etc. Everyone was happy. Lots of paperwork and sweat saved, etc.
Anyway, thought I’d sound off from the “Old Navy” perspective.
Respects,
Agreed, it would have been handled somewhere below the division officer level back then. Actually, the worst thing you could do to someone in my “Old Navy” was take away his liberty card. No card, no getting off the ship. Had a friend named Mitchell who jumped off the main deck of Proteus on a bet and when he got back aboard the LPO (the senior First Class) took his card and told him he could have it back when it dried out..”couppla days”. Next day the liberty card was displayed at morning quarters in it’s new home for the next ten days, a glass jar full of water on the Chief’s desk. Division office suggested Mitch should donate the $50 bet to Navy Relief so as not to get on a first name basis with the XO.
End of problem, everybody learned a lesson, no hurt feelings, no masts.
So 25Z, did you ever pay Mitchell the $50?
LOL, nope, wasn’t me. I was only getting $24 a week then. Bet was with a couple of bubbleheads on a sub tied up alongside. He’d bragged in the EM club about being a track star in high school, and they bet him he couldn’t jump over their boat from the main deck of the tender. Our Chief visited the Chief Of the Boat afterwards, and the bubbleheads caught a little hell, too.
Now the lawyers trail everyone around at 3 paces, Tim. No way in hell of handling anything informally. It’s CYA all the way–top to bottom. Because failure to file paperwork immediately on the merest suspicions will unerringly lead to charges of “cover-up” and career-ending loss of command at a minimum. Pathetic.
Makes me think of Roz on Monsters, Inc. after Mike about his paperwork.
Tim, ( I keep wanting to call you A Dub) I was never in the Navy but what you say has the sweet ring of truth to it. I guess it could be described as stern common sense.
The “TINS” rumor mill (meaning what I relate is most likely totally wrong [as if that ever stopped this crowd
]) has it that this is more of a rice bowl and Chain of Command fight at the SPECWARCOM level. I was told the charges were preferred by a USAF COL who was ticked that the SEALS were, as a group, not acting like “team players” (pause to choke on the USAF accusing anyone else of that) and this was done to teach a lesson to the Navy contingent. The Army GEN went along, as he is agreement that NAVY Special Warfare Command does not like the color Purple and doesn’t know the words to Kum-by-yaa.
Had this been an in-house Navy issue, I totally agree that a whole ton of un-official Extra Duty, Weekend duty, etc. be handed out, end of problem.
As for “Well, for such a high profile case accusing tip of the spear warriors, I certainly hope the Navy has its factual and legal ducks in a row. Otherwise this’ll get stinky fast.” Uh, I vividly remember the aftermath of ‘Hook ’91. As an active member of the California Bar at that time (don’t even ask…) I gave out a load of free legal counsel to my friends. Anyone here care to remember how many actual convictions came out of that whole thing? The legal term “FUBAR” as regards to evidence, testimony and procedure comes to mind…
I know, it’s times like this I’m ashamed to be a USAF alumnus. Reminds of the same mentality a buddy of mine used to refer to in disgust about O-6 and up types (apologies to all the really sharp ones here–Lex for starters–and elsewhere-I DO know you/they were all JOs once) when they caused things to be FUBB…(FUBeyond Belief): “Humm…must be the same Col that designed the seat in the F-4. (no canopy breaker–if canopy release failed but seat went anyway you became an instant smurf-sized object) Of course the F-4 WAS designed for the Navy…..
Well, all of our branches have our fair share of Richards, those who make a bad call, let their ego get out of control, or put their service ahead of the country. No excuse for this gent and his decision.
I do hope that the Col. pays for his actions, and more than just a bloody slap on the wrist or a piece of paper in his folder.
Delays usually favor the defense. For the prosecution to ask for one gives pause to wonder where the problems might be with their evidence.
This is going to be interesting to watch…
Justice delayed is justice denied. The only reason for the government’s prosecutors to delay is they don’t have any evidence, and so don’t have any case. If they brought the case “under pressure,” before they were ready, then they’re cowards who put their careers ahead of justice.
The proper response to this government stall request is for the judge to dismiss all charges with prejudice for prosecutorial misconduct.
Eric Hines
I’m thinking the USAF prima donna who let this one loose in the wild MSM has no concept on how this will plus up lawfare at every level…and not against the enemy, but the internal observation of every action n action, combat and close to the front and wherever one of the (what do we call them?) man made disasterers is held.
I have often observed how, among the Cold Warrior crowd, we would listen to intel briefs about how the Soviets had the political officers and the political indoctrination was first and foremost in their military structure…and how we’d laugh ourselves silly at the thought. Then we’d pound our chests, knowing we could whip such morons…we have become them.
Then came things like Tail Hook, COs with lost confidence, co-ed military…and…the PC people had their claws in.
How does this figure in? It’s all enforced by the lawyers…job security you know. Must prove their worth if we are to put them in a uniform and let the Eagle dump in their direct deposit twice monthly.
The AF guy, if this is a rice bowl issue, just turned loose a crap storm of when this gets dismissed for lack of evidence.
Then CAIR, et al will be on the White House and Pentagon door steps, demanding to know why we committed a hate crime and let “them” get away with it.
Choices: The have consequences…