Help for a warrior

[usmcleader]

What is the name of your state? CA

I know a grunt, wounded four times in two tours, who is being rung up on rape charges because he engaged with a superior's spouse (they were separated at the time).

He is unable to defend himself, really needs some pro bono representation.

What can he do?

Article 32 goes Monday.

Very young guy; too much combat too fast. Way over his head.

Thanks

 

[dixeedog]

Detailed Defense Counsel

Who is his Detailed Defense Counsel?

 

[usmcleader]

re: research/Mefloquine

Not sure. He needs civilian counsel though. No doubt on that.

 

[unidentifiable]

WAS it...

Was the sex conscentual (sp?) by both parties? Your explaination above trends to indicate that he is falsely accused of rape. What is the position of the female? If she says rape, his hands are full. If she says she agreed, I would make it a public forum with the Press and everything. Something like "Joe Grunt is being bullied by the Corps...". Regardless, he may be facing some adultry charges.

Remember, I am not a licensed Attorney. I am just a Jailhouse lawyer.

 

[fozzy2]

You can check out:

http://www.abanet.org/legalservices/findlegalhelp

Click on "pro bono" and then select your state and you will find a list of pro bono projects/resources. There are all sorts of other legal resources listed as well.

You may have trouble finding a pro bono attorney for this case, however. For starters, the military will provide an attorney. Secondly, most military members are not 'indigent'. Thus, most military people really don't need pro bono (they may need to ask an attorney for a long repayment plan).
In addition, military criminal defense is not exactly a huge field -- you may be further limited depending on your geographic location. Most qualified civilian attorneys will be near major installations in military heavy states. So I wouldn't hold my breath....

Why don't you want a military lawyer? If it is a particular person you are worried about, you can request another military lawyer by name. In addition, I think there used to be a way sometimes to have a civilian counsel paid for by the military IF they agree to work for government scale. (don't know if it can still be done. IIRC it was sometimes done with reserve attorneys to avoid having to cut temporary orders, etc.) There are no guarantees, but the military is usually actually pretty open minded about these things when trying major felonies. Ask your appointed counsel what you can do. S/He probably won't take it personally. Indeed, they may be looking for a way to dump the case even harder than the defendant is looking for a way to dump them.... ;-)

 

[usmcleader]

re:

Reason this guy should get civilian is that his military counsel is among four military defense counsel on post... they have about 200 cases between them. Post is 40k+. See?

Good info. thanks

 

[fozzy2]

Only 50 cases per lawyer? No wonder JAG sounds so good to so many lawyers. The guy can be thankful he is not an indigent civilian defendant.
Those guys can carry some huge caseloads. Why, I'll bet a military lawyer is even expected to stay awake during the trial..... (Texas law joke).

 

[usmcleader]

re:

I think of it this way Fozzy; would I want my own son defended at GCM by a newly promoted LT just out of school?

Can you feel me?

Would you?

To add to this guy's grim situation, he has three INTENSE combat tours already; multiple purple hearts (four I think). 3x at Fallujah and once at Ramadi.

I really feel sorry for what he's going through. Hence my posts here on his behalf.

A lot of these guys who run into problems when they get back are being locked up wholesale; held 100% accountable for their inability to behave as if they have never been to war.

UCMJ does not distinguish between hard core combat vets and garrison warriors.

 

[Crazed98]

A lot of these guys who run into problems when they get back are being locked up wholesale; held 100% accountable for their inability to behave as if they have never been to war.

Did he attempt to get any mental help when he got home?

 

[badapple40]

This young man needs civilian counsel ASAP. Contact one of the following:

1. Charles Gittens

Law Offices of Charles W. Gittins
P.O. Box 144
Middletown, VA 22645
phone: 540-868-0949
fax: 540-868-0976
eMail: [email protected]

2. Frank Spinner

Law Offices of Frank J. Spinner
7035 Campus Drive, Suite 904
Colorado Springs, Colorado 80920
phone: (719) 598-6494

3. David Sheldon

Law Offices of David P. Sheldon
Barracks Row, 512 8th Street, S.E.
Washington, D.C. 20003
Tel (202) 546-9575
Toll free (866) 546-9575
Fax (202) 546-0135

 

[fozzy2]

I think of it this way Fozzy; would I want my own son defended at GCM by a newly promoted LT just out of school?

I agree with you entirely. I was just pointing out that in the civilian world defender caseloads are often even much higher. If I'm ever charged with a crime I'd hope I had enough money for a private attorney - despite knowing some very talented and hardworking defenders. They're often just pulled too many ways and stretched too thin.

It can be a long distance between "competence" and "excellence" when it comes to having a defense put on.

 

[badapple40]

Mr. Pelt:

If you would like me to start recommending you or referring cases to you, perhaps you can answer the following questions:

1) How many court-martials have you defended (not prosecuted)?

2) Of those, how many have been special court-martials (authorized to adjudge a BCD) and how many have been general court-martials?

3) Of those you have defended, how many have resulted in findings of not-guilty on all charges? How many have resulted in findings of not guilty on all major charges?

4) Are you admitted to CAAF? Which of the service courts are you admitted to?

5) How many appellate cases have you handled before CAAF or the services courts? (I know the answer to this, I ran a LEXIS search on you, but just so the readers know)

6) How many appellate cases have you handled that resulted in a reversal?

--The reason this experience is so critical is that identifying and preserving appellate issues is occasionally crucial -- and can result in relief for the client after-the-fact, particularly in a case like this that involves potential issues of UCI (unlawful command influence). Military judges will not typically ever grant relief on UCI grounds, but CAAF will. And an attorney with solid trial defense experience and appellate experience is critical.

You can build your resume on the typical UA or drug cases and get some appellate experience. However, this is a case that seems to warrant the decades of experience of those I recomended, who have been doing this for several decades and who have press connections to work that angle as well.

-badapple, JA, COL(s), USAFR

 

[rmet4nzkx]

Mr. Pelt:

If you would like me to start recommending you or referring cases to you, perhaps you can answer the following questions:

1) How many court-martials have you defended (not prosecuted)?

2) Of those, how many have been special court-martials (authorized to adjudge a BCD) and how many have been general court-martials?

3) Of those you have defended, how many have resulted in findings of not-guilty on all charges? How many have resulted in findings of not guilty on all major charges?

4) Are you admitted to CAAF? Which of the service courts are you admitted to?

5) How many appellate cases have you handled before CAAF or the services courts? (I know the answer to this, I ran a LEXIS search on you, but just so the readers know)

6) How many appellate cases have you handled that resulted in a reversal?

--The reason this experience is so critical is that identifying and preserving appellate issues is occasionally crucial -- and can result in relief for the client after-the-fact, particularly in a case like this that involves potential issues of UCI (unlawful command influence). Military judges will not typically ever grant relief on UCI grounds, but CAAF will. And an attorney with solid trial defense experience and appellate experience is critical.

You can build your resume on the typical UA or drug cases and get some appellate experience. However, this is a case that seems to warrant the decades of experience of those I recomended, who have been doing this for several decades and who have press connections to work that angle as well.

-badapple, JA, COL(s), USAFR

Mr. Pelt has been in trouble here since he began gracing this forum soliciting business in violation of the TOS. He was admonished by ADMIN and changes his moniker but is still very transparent in his intent and that in and of it's self doesn't speak well of his qualifications.

I went to his website, he has his own forum here are the stats.

Forum Name Topics Posts Last Post
General
General Board
You can talk about anything here
Moderator: Jason M. Pelt 1 2 on Sept 13, 2005, 8:51pm
by Jason M. Pelt
in Son in the Brig
Military Justice Questions
Military Justice Questions
Your Military Justice Issues
Moderator: Jason M. Pelt 6 13 on Sept 27, 2005, 8:10pm
by Jason M. Pelt
in conduct unbecoming
Admin Law Questions
Admin Law Questions
Your Admin Law issues
Moderator: Jason M. Pelt 1 2 on Sept 15, 2005, 3:22pm
by Jason M. Pelt
in OTH for Drugs
Appellate Law Questions
Appellate Law Questions
Your Appellate Law issues
Moderator: Jason M. Pelt 1 3 on Oct 2, 2005, 5:34pm
by Jason M. Pelt
in Discharge Upgrade


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OP's fellow Marine deserves competent counsel not a wannabe.

Semper Fi

 

[usmcleader]

update... lost contact with him, not sure where he is or what happened. Trying to find him now. I did email him the attorney POCs though. Thanks everyone.