Trial May 8th - need Help Fast please!

[Aphix]

New News

I had it out with my lawyer today. Guess you can say I lost my military barring.

I told him that he needed to stop talking and start listening to my questions.

Eithway we had a long talk, and when all was done he admited to not knowing anything about a RTD program, nor knew where to look for it out.

Also we are getting the $ amounts changed from above $500, to what they can prove. CID
investigation put me un the $500 and under, and that changed my max to only 2 yrs
for the charges.

I then asked him if what I was giving him was still a good deal for what I was getting in return.

A 10 month CAP on a max of 20 yrs is one thing, but a 10 month cap on what is only a max of 2yrs, is a little different. They also agreed that they are really wanted SUB1, only problem is that SUB2 filed a a coutus maxamus.. or some crap like that. Something about they extended him 30days after his ETS had already passed, with no paperwork to told him in or something.
Either way his case is 99% chance of being thrown out.. I it is thrown out then the only
case they have against SUB1 would be me.. They know he did it all, so they should want
my deal.. I told him to request immunity for my testimony against Sub1, but i think my
lawyer is affraid to go aginst the high ups.

Eithway it all came out today, my lawyer just does not know enough to fight through this.
I will call the lawyers you have listed above, although I think one of them is currenty
repping Sub1..

Hope someone will work with me..

My question here is is there anyone that can post detailed info on this Return To Duty Program for me please? Anything and everything you can find, so that I can use it tomorrow in a meeting with my lawyer.

Thanks again everyone so far on the help you have all provided.

 

[Aphix]

Extension Again?

They gave me an extension from the 2nd until the 8th already, is there a way to ganentee a supended sinstance, or to get another extension? (funny thing is my lawyer asked me to ask you ,') making pregress.

 

[badapple40]

I'd fight this. My deal offer would be:

1) Your testimony, immunized, against sub1, in exchange for:

A. Them dropping all charges against you and you'll accept a BN level Art. 15 for not turning them in immediately. You didn't steal anything, and you didn't help them steal anything. You made a mistake about the disposition of the property.

B. Otherwise, you'll roll the dice and take your chances at trial. And, make sure your lawyer tells them that you won't be testifying about anything post-trial, because you'll take the fifth, to protect yourself from "other crimes."

That is the deal. They can take it or leave it.

Just because you knew about what they were doing does not make you guilty of their crimes.

CAAF (the Court of Appeals for the Armed Forces) just released an opinion on accomplice liability this week. Only their website doesn't seem to be up right now. http://www.armfor.uscourts.gov

In terms of the RTD program,

http://www.dtic.mil/whs/directives/corres/pdf2/i13257p.pdf

is the DoD instruction.

6.10.4.3. Return-to-Duty Programs. Each Service is authorized to
establish policies and procedures for prisoner return-to-duty programs. The scope of
these programs shall be determined by available resources, facilities, personnel, and the
needs of the Service. Prisoners shall be evaluated under their Service regulations for
suitability for the program and provided appropriate opportunities to improve potential
for return to duty.

6.16.4. Confinement facility disposition boards shall provide clemency and
parole recommendations to the Clemency and Parole Board concerned. DD Form
2715, "Clemency/Parole Submission"; DD Form 2715-1, "Disposition Board
Recommendation"; DD Form 2715-2, "Inmate Summary Data"; and DD Form 2715-3,
"Inmate Restoration/Return to Duty, Clemency and Parole Statement," (enclosure 15
through enclosure 18) and DD Form 2719, "Continuation Sheet," (enclosure 23) may be
used for this purpose. The senior representative of the prisoner's Service present at the
confinement facility is authorized to submit an independent clemency or parole
recommendation.

I looked around for the Army reg, but couldn't find it.

The AF Reg is:

AFI 31-205

http://www.e-publishing.af.mil/pubfiles/af/31/afi31-205/afi31-205.pdf

The statutory authority for it is 10 USC 953. It states:

TITLE 10--ARMED FORCES

Subtitle A--General Military Law

PART II--PERSONNEL

CHAPTER 48--MILITARY CORRECTIONAL FACILITIES

Sec. 953. Remission or suspension of sentence; restoration to
duty; reenlistment

For offenders who were at the time of commission of their offenses
subject to his authority and who merit such action, the Secretary
concerned shall establish--
(1) a system for the remission or suspension of the unexecuted
part of the sentences of selected offenders;
(2) a system for the restoration to duty of such offenders who
have had the unexecuted part of their sentences remitted or
suspended and who have not been discharged; and
(3) a system for the enlistment of such offenders who have had
the unexecuted part of their sentences remitted and who have been
discharged.

(Added Pub. L. 90-377, Sec. 1, July 5, 1968, 82 Stat. 287.)

So the Secretary of the Army HAS to establish this. Anyhow, don't let your lawyer sell you down the river. Get the suppression motions in and fight fight fight!

 

[badapple40]

Where are you stationed?

Maybe I'll look at your case as a pro bono (if you are reasonably close).

 

[Aphix]

Goin in

On my way to the lawyers office now with this info and a lot of stuff printed. I have failed to find anything in the Army regs related to the RTD as well, but either way it is high up, so I am sure it will go through.

Thanks again for the support. This web site / forum really is a great service for people
out there in situations where the kindness of others is all we have.

Thanks Again. (now lets see what will happen)

 

[Aphix]

Location

Fort Hood, Texas

 

[badapple40]

And when is trial set for again?

 

[Aphix]

Details

Fort Hood Texas
8 May 2006
confinment by 9 May 2006

I think I am just gonna give up on all this and take the damn 10 months.
Just ran into another problem.. I was doing the guilty plea before
and was saying I plea guilty to throwing away items in ecess of $500,
but now as I am looking at things on the list and find that it does not reach $500.

They say if I disagree to the $500 then it breaks my deal. If I Break my deal then I will face the max time. and the max for under $500 is still 2 yrs. I am stressed to the max right now
and been talking to my lawyer on the phone all day and no longer have the ability to argue
my points and worry about an out come.

I thank you for your offer to take the case. I will be willing to send you the files for review
to see if you think of anything, but I think things are the way they are. The goverment
is not easy to fight, and the out comes of what could happen are more then my family will bare. So I will just take what they give me and face my fait ahead, no matter how dim it may be.

Thanks again everyone.
-out

[email protected]

 

[thepizzaguy]

10 months and a BCD vs 2 years and a Dishonorable. Whats the difference? Bad paper is bad paper. I would try for a better deal than that at the least. You still have some time left to think about this, don't give up yet, you seem like a smart kid from what I have read.

FIGHT!!! Make that loser JAG work for you.

Good luck

 

[Aphix]

For Lawyers Only Please

If a lawyer wishes to view case files, please contact me at [email protected]

Again I will rest for the day and start looking into it more tomorrow.

Thanks Again For The Help.

 

[Aphix]

small update

Well a side case has been started on of the subs has the paperwork now going against
Fort Hood GEN, CDR, III CORPS.

Not sure if it will be a good thing or a bad thing, but I guess we will all find out soon.

As for my situation, nothing new.. Just counting down the days. Packed the house up 80%
moved to storage, calling in family, no one answers. Just gettin ready. Again thanks for the support from this web site. Lets just see how things go.