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The U.S. military's highest court has reversed a Marine's conviction for a suicide attempt.

The Court of Appeals for the Armed Forces issued the 3-2 split opinion late Monday.

It says a military judge shouldn't have accepted Pvt. Lazzaric Caldwell's guilty plea in 2010 to a charge of wrongful self-injury without intent to avoid service.

Caldwell slit his wrists at Camp Schwab in Okinawa, Japan, after learning of a friend's death back home in California. He was sentenced to 180 days in jail and received a bad conduct discharge for that offense and convictions for larceny and violating orders.

The court found Caldwell's guilty plea for the suicide attempt technically insufficient. The majority opinion doesn't address the larger question of whether military suicide attempts should be prosecuted as crimes or considered noncriminal matters requiring treatment.


A Marine who urinated on the corpses of Taliban fighters in a video seen worldwide pleaded guilty Wednesday to several charges at a court-martial at Camp Lejeune, N.C.

Staff Sgt. Edward W. Deptola admitted desecrating the remains and posing with the bodies of insurgents in Afghanistan for what he called “trophy photographs.’’ He also admitted that he failed to supervise other Marines involved in the incident and did not report the violations of military regulations.

In a 39-second video that was widely viewed on the Internet after it appeared in January 2012, four Marines in combat gear were shown urinating on three corpses in southern Afghanistan in July 2011. One Marine could be overheard saying to one of the bodies, “Have a good day, buddy.’’

Deptola had previously been instructed that desecrating corpses was a serious violation of Marine Corps regulations, he told the presiding judge, Lt. Col. Nicole Hudspeth. Nonetheless, he said, he urinated on the dead men and did not intervene to prevent other Marines in his sniper platoon from doing so.



A U.S. military judge is considering broad security rules for the war crimes tribunal of five Guantanamo prisoners charged in the Sept. 11 attacks, including measures to prevent the accused from publicly revealing what happened to them in the CIA's secret network of overseas prisons.

Prosecutors have asked the judge at a pretrial hearing starting Monday to approve what is known as a protective order that is intended to prevent the release of classified information during the eventual trial of Khalid Sheikh Mohammed, who has portrayed himself as the mastermind of the terror attacks, and four co-defendants.

Lawyers for the defendants say the rules, as proposed, will hobble their defense. The American Civil Liberties Union, which has filed a challenge to the protective order, says the restrictions will prevent the public from learning what happened to Mohammed and his co-defendants during several years of CIA confinement and interrogation.

The protective order requires the court to use a 40-second delay during court proceedings so that spectators, who watch behind sound-proof glass, can be prevented from hearing — from officials, lawyers or the defendants themselves — the still-classified details of the CIA's rendition and detention program.



The U.S. military's highest court is asking WikiLeaks to explain why the military justice system, rather than civilian courts, is the proper venue for seeking routine judicial documents in the court-martial of an Army private charged with giving classified information to the secret-spilling website.

The jurisdictional issue was the first question raised by the Court of Appeals for the Armed Forces during an hour of oral arguments Wednesday in Washington. The panel of five civilian judges heard arguments on the main dispute but made it clear that the court must first be convinced it has jurisdiction.

Lawyers from the Center for Constitutional Rights and the government said they would submit briefs before the end of the month on that question. The New York-based civil-rights group is representing WikiLeaks, its founder Julian Assange and several left-leaning pundits and publications including The Nation magazine and the broadcast operation Democracy Now.

The Associated Press is among 30 news organizations supporting the appeal in a brief filed by the Reporters Committee for Freedom of the Press. They agree with the appellants that the First Amendment requires timely public access to written documents such as motions and rulings in Pfc. Bradley Manning's court-martial.


Texas soldier faces NC court-martial in death

  Military Law  -   POSTED: 2012/08/16 08:25

A platoon sergeant from Texas faces court-martial at Fort Bragg this week in the death of a New York soldier in Afghanistan last year.

The Fayetteville Observer reported that Staff Sgt. Blaine G. Dugas Jr. of Port Arthur, Texas, is scheduled to face a court-martial Thursday.

The 36-year-old Dugas is accused of failure to prevent the mistreatment and abuse that officials say led to 19-year-old Pvt. Danny Chen's suicide.

Chen shot himself in a guard tower at a small outpost in Afghanistan. He was called names while in training, then was subjected to hazing after he was deployed to Afghanistan, his family has said.

On the day of Chen's death, he was forced to crawl about 100 yards across gravel carrying his equipment while his fellow soldiers threw rocks at him, the family said.

Defense attorney Guy Womack says Dugas had no knowledge of the hazing and mistreatment of Chen, who shot himself on Oct. 3.

"Staff Sgt. Dugas is an outstanding soldier and an outstanding leader," Womack said. "If he had learned about it, he would have stopped it."

Dugas is accused of failing to "foster a climate in which everyone is treated with dignity and respect, regardless of race," according to court documents.

Two other soldiers have been tried in Chen's death.

Spc. Ryan J. Offutt of Greenville, Pa., was sentenced to six months in prison, demotion to private and a bad conduct discharge following a plea agreement.

Sgt. Adam Holcomb of Youngstown, Ohio, was sentenced to 30 days in prison and the loss of one rank.

All of the defendants were members of the 3rd Battalion, 21st Infantry Regiment, 1st Stryker Brigade Combat Team, 25th Infantry Division based at Fort Wainwright, Alaska.



The military's highest court agreed Monday to hear the appeal of a U.S. Marine convicted of murder in one of the most significant criminal cases against U.S. troops from the Iraq war.

The Court of Appeals for the Armed Forces ordered a review requested by Sgt. Lawrence Hutchins III, who claimed in a petition that his constitutional rights were violated when he was held in solitary confinement without access to a lawyer for seven days during his interrogation, and that Navy Secretary Ray Mabus unlawfully influenced his case after his conviction.

Hutchins, 26, of Plymouth, Mass., led an eight-man squad accused of kidnapping retired Iraqi policeman Hashim Ibrahim Awad from his home in April 2006, marching him to a ditch and shooting him to death. The killing took place in Hamdania, a small village in Al Anbar province.

The six other Marines and a Navy corpsman in his squad served less than 18 months.

Hutchins has sought clemency and early release, saying he was deeply sorry for what happened and has suffered nightmares and anxiety because of the killing.

Those requests have been denied, Hutchins claimed in the appeal, because Mabus illegally interfered in the case and influenced officers under him to rule against release.


Court denies dismissal of 8 WikiLeaks charges

  Military Law  -   POSTED: 2012/06/08 09:37

A military judge is refusing to dismiss eight of the 22 counts against an Army private charged in a massive leak of government secrets.

Col. Denise Lind made the ruling Friday during a pretrial hearing for Pfc. Bradley Manning at Fort Meade, Md.

She rejected defense arguments that the government used unconstitutionally vague language in charging Manning with unauthorized possession and disclosure of classified information.

Lind is considering another defense motion seeking dismissal of two counts alleging Manning exceeded his authority to access a Defense Department computer system.

She said Manning's trial, currently set for September, will likely start in November or January due to procedural issues.

Manning is charged with aiding the enemy and other offenses on accusations he caused thousands of classified documents to be published on the WikiLeaks website.


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