Court Martial Attorney - Ex-Marine ordered to pay $11,000 in sex case

Court Martial Attorney - Ex-Marine ordered to pay $11,000 in sex case
By Glenda Anderson

THE PRESS DEMOCRAT
May 14, 2008

A former U.S. Marine accused of coercing an underage recruit into having sex has agreed to pay the young woman $11,000, concluding the last of three federal civil lawsuits filed in connection with misconduct at the Ukiah recruiting station.

"It's over," said Barry Vogel, an attorney representing the young woman.

Alcohol consumption and sexual activities at the station also were the focus of 2005 courts-martial against former Marines.

As part of a settlement agreement reached Monday, former Staff Sgt. Joseph Dunzweiler did not admit guilt, Vogel said.

The woman who sued, then 17, claimed Dunzweiler coerced her into sex by telling her she had to participate if she wanted to join the Marines. He was acquitted of that charge during his court-martial.

Another former Marine accused of sexually assaulting an intoxicated 17-year-old girl during an overnight party at the Ukiah recruiting office also has maintained his innocence.

However, Brian Fukushima was ordered to pay $50,000 to the young woman in March because he failed to show up in court to fight the charges.

Those settlements follow a Marine Corps agreement last year to pay $200,000 to two young women, including the one who sued Dunzweiler. The settlement included requirements that the Marine Corps take precautions to prevent assaults and sexual harassment.

The men were acquitted at courts-martial of charges of coercing sex acts but were convicted of having inappropriate sex with other women, who testified the sex was consensual.



Michael Waddington is a court martial lawyer and military defense 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 lawyer in court martial cases in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States.

Court Martial Attorney - Report Finds No Sexual Assault

Court Martial Attorney - Report Finds No Sexual Assault
Investigator Doesn't Back Court-Martial for Midshipman

By Matt Zapotosky
Washington Post Staff Writer
Tuesday, May 20, 2008; Page B03

The U.S. Naval Academy junior accused of raping a female midshipman in her dorm room might have acted in a way unbecoming an officer, but what he did was not sexual assault, an investigating officer concluded in a report released yesterday.

The 22-page report, written by Lt. John E. Clady, recommends that Mark A. Calvanico, 21, of Secaucus, N.J., face disciplinary procedures but not a court-martial. The report was sent to Vice Adm. Jeffrey L. Fowler, the superintendent of the Naval Academy, who ultimately will decide what disciplinary procedure Calvanico will face.

The report, akin to a civilian grand jury recommendation, is "under review," said Judy Campbell, a spokeswoman for the Naval Academy. She said she did not know when Fowler might reach a decision.

Calvanico, who is still enrolled at and attending the Naval Academy, had been accused of raping a female classmate in her room in Bancroft Hall early on Oct. 14. At a hearing last month, the woman testified that Calvanico, whom she had considered dating, had been drinking the night before and came to her room three times in the early-morning hours. On his third visit, she said, he pinned down her arms and raped her.

The Washington Post does not identify possible victims of sexual assault.

The investigating officer's report said there was "a lack of physical evidence to support" the woman's allegations of rape, and her roommate's testimony contradicted parts of her story. Forensic examinations of Calvanico's underwear showed evidence of the woman's DNA. No sperm, semen or DNA were found in vaginal swabs or on the woman's shorts, sheets or blankets. Further examination found no vaginal bruising or swelling.

The woman's roommate testified that she saw the pair kissing earlier and heard a discussion of their relationship but no signs of a serious struggle.

"If this case were to proceed to trial, the Government would be faced with putting on a case with almost a complete lack of physical evidence to support the most serious offenses charged," the investigator's report states.

The report recommends that Calvanico face administrative punishment for engaging in consensual sexual relations with the woman in the dorm when her roommate was there, being drunk and disorderly, and sending the woman a digital photograph of his penis at her request. The report, which makes no recommendation on actual punishment, also faults Calvanico for being absent from his place of duty and unlawfully entering the woman's dorm room.

"Despite there being sufficient evidence to go forward with a court-martial for the less serious offenses . . . the seriousness of the offenses does not rise to the level for adjudication at that forum," Clady's report says.

The academy's punishments could range from extra marching to expulsion from school, Campbell said.

Calvanico's court martial lawyer and family members reacted with guarded optimism to the report, praising Clady's thoroughness and urging the Naval Academy superintendent to follow the recommendation that Calvanico not face criminal charges.

"I'm hoping, I'm praying that he's fair and takes the report into consideration," said Rosa Calvanico, 47, Mark Calvanico's mother. "It's the truth. Mark really didn't do anything."

Michael Waddington, Mark Calvanico's lawyer, said he was not surprised by the report, which was in line with the hearing last month.

"The ball's in their court right now," Waddington said. "All the family's asking for is for him to get a fair shake."

Michael Waddington is a court martial lawyer and military defense 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 lawyer in court martial cases in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States.

Court Martial Lawyer - Accused officers’ lawyer: Yano ‘reasonably fair’

Court Martial Lawyer - Accused officers’ lawyer: Yano ‘reasonably fair’

INQUIRER.net
Posted date: May 13, 2008

MANILA, Philippines -- A court martial defense lawyer in the mutiny trial of 28 officers linked to the alleged February 2006 coup plot welcomed the assumption of the new chief of staff, Lieutenant General Alexander Yano.
As military chief, Yano is also the convening authority of the court martial and whatever decision it makes will be subject to his approval.

"We have no indication that General Yano would be unfair,” said lawyer Trixie Cruz, Angeles, who represents Captain Ruben Guinolbay. “His record is good. He was president for the court martial panel. He acted with reasonable fairness."

Angeles stressed the significance in the change of the convening authority since the official who holds the position has "some influence to the decision of the trial judge advocates."

During Tuesday’s hearing, Angeles said the court martial panel ordered a review of the records of the case to see if there is a basis to declare a "nolle prosequi," meaning there is no evidence to pursue the case.

"The fact that the court martial panel issued another directive to review is a tacit admission of the influence of the convening authority," Angeles said.

"Perhaps the trial judge advocate (TJA) may find or make a recommendation to the convening authority on the possibility of a nolles prosequi for some or all of the accused," she said.





Michael Waddington is a court martial lawyer and military defense 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 lawyer in court martial cases in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States.

Court Martial Lawyer - Key Official Barred From Trial at Guantanamo

Court Martial Lawyer - Key Official Barred From Trial at Guantanamo

By JESS BRAVIN
May 12, 2008; Page A3

WASHINGTON -- The Pentagon is set any day now to approve trials at Guantanamo Bay for Khalid Sheikh Mohammed and five others accused in the Sept. 11, 2001, terrorist attacks. But a military-court ruling late last week against a top Defense Department war-crimes official throws a new cloud over the Bush administration's plan to prosecute the alleged Sept. 11 conspirators before the president leaves office in January.

The proposed charges were announced in February by Brig. Gen. Thomas Hartmann, a hard-charging Air Force reservist brought in to jump-start the long-stalled plan for offshore trials.

Friday, a military judge at Guantanamo barred Gen. Hartmann from participating in the case against Salim Hamdan, Osama bin Laden's former driver, who faces a potential life term. The judge, Navy Capt. Keith Allred, granted a defense motion alleging an "unlawful command influence."

Mr. Hamdan's Navy lawyer, Lt. Cmdr. Brian Mizer, had alleged that Gen. Hartmann's dual role of supervising the prosecution and providing legal advice to the commissions administrator, who must make impartial rulings on issues raised by both the prosecution and defense, constituted a conflict of interest.

Pentagon press secretary Geoff Morrell said Sunday that officials were surprised at the ruling, because they believe the structure Capt. Allred rejected is similar to that used in court martial. The Pentagon is considering asking the military judge to reconsider his ruling, Mr. Morrell said.


Friday's ruling applies only to the Hamdan case. But defense lawyers say underlying issues apply to every prosecution at Guantanamo and are certain to resurface in other trials. Cmdr. Mizer, who also represents alleged 9/11 conspirator Ali Abdul Aziz Ali, said he plans to file a similar motion in that case.

Unlike most military defendants, Mr. Hamdan had an unusual ally in his motion: Col. Morris Davis, who resigned as chief prosecutor in October after clashes with Gen. Hartmann over control of the prosecution office. Col. Davis claimed that Gen. Hartmann had breached legislation authorizing the military commissions, which seeks to insulate the prosecution from improper influence. The Pentagon backed Gen. Hartmann. Deputy Defense Secretary Gordon England approved the arrangement.

Rather than quietly seeking reassignment, Col. Davis launched a public campaign to vindicate his position, granting interviews and writing opinion articles. Among other allegations, Col. Davis suggested political motivations behind the selection and timing of certain cases, and complained that Gen. Hartmann had second-guessed some of his decisions, such as excluding evidence obtained through waterboarding, an interrogation method critics call torture.

Last month, Col. Davis, called as a defense witness, testified in a Guantanamo courtroom that the process had been tainted.

Mr. Morrell said he didn't expect the issue to resurface in other cases, because Col. Davis left the military commissions office before charges were submitted for the 9/11 conspiracy. But Gen. Hartmann has been involved in developing the 9/11 cases, officials have said, which might still allow defense attorneys to question whether those charges have been tainted.

Capt. Allred denied other defense requests, notably to have Mr. Hamdan's charges dismissed. Capt. Allred's 13-page ruling adopting as official findings many of the allegations Col. Davis had made and that Pentagon officials had previously dismissed.

The order removes Gen. Hartmann from any role in Mr. Hamdan's case, bars the appointment of any of Gen. Hartmann's deputies as his successor and forbids any retaliation against military officers who offered testimony against Gen. Hartmann.

Cmdr. Mizer said the ruling would do nothing to change Mr. Hamdan's immediate circumstances and that he would be back in court for another hearing later this month.


Michael Waddington is a court martial lawyer and military defense 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 lawyer in court martial cases in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States.

Court Martial Lawyer - Soldier gets 30 days, reduced rank for beating

Court Martial Lawyer - Soldier gets 30 days, reduced rank for beating

By Erik Slavin, Stars and Stripes
Pacific edition, Sunday, May 11, 2008

CAMP CASEY, South Korea — A 2nd Infantry Division soldier who beat and humiliated a naked soldier will go to jail for 30 days and lose his rank.

Spc. Tristan M. Edinboro, 21, will be reduced in rank to E-2, pending acceptance of military Judge Col. Donna Wright’s sentence by the convening authority.

Edinboro and Pfc. Gregory Brown stripped and beat the soldier in his barracks in two separate episodes following a New Year’s Eve argument at Black Jack Club in Dongducheon.

Military defense attorney Capt. Brigid Osei-Bobie read a statement from Edinboro, of Company A, 2nd Battalion, 9th Infantry Regiment. In the statement, Edinboro explained that he was upset because he had lost a leave pass because of a field exercise.

“I think I let some of that anger out on [the victim],” Edinboro said. “I am truly sorry for that."

The victim was drunk on Dec. 31 and confronted Edinboro about sleeping with his girlfriend, according to facts agreed upon by both the defense and prosecution.

Edinboro admitted sleeping with the girl — who worked at the Ruby Club — but said he didn’t know she was the victim’s supposed girlfriend.

The two began arguing but were separated.

About three hours later, Edinboro, Brown and Pvt. Tony Knolle entered the victim’s room while he was sleeping.

Edinboro shook the victim awake and smacked him in the face repeatedly. When the victim retaliated, Edinboro threw him against a dresser, according to testimony.

Brown, who was punished at an earlier summary court-martial, removed the victim’s clothing while Edinboro continued slapping him.

They left, but the victim’s roommate let Edinboro and his friends back in 30 minutes later. In the roommate’s presence, Brown again removed the victim’s clothing while Edinboro slapped him across the head, ears and eyes, causing heavy bruising.

After the incident, the victim’s antidepressant medication was increased, and he was prescribed new medication for insomnia.

The mental trauma and humiliation motivated prosecutors Capt. Mike Eaton and Capt. Josh Randolph to pursue a bad-conduct discharge for Edinboro.

“This isn’t about the crime of the century, but it is a very serious crime,” Eaton said.

Legal officials said that what — if any — legal action would be taken against Knolle was undetermined as of Friday


Michael Waddington is a court martial lawyer and military defense 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 lawyer in court martial cases in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States.

Court Martial Lawyer - US military reduces sentence for Marine convicted of killing Iraqi

Court Martial Lawyer - US military reduces sentence for Marine convicted of killing Iraqi

Abigail Salisbury at 10:11 AM ET

[JURIST] The US military has reduced the sentence of Marine Corps Sgt. Lawrence G. Hutchins III handed down after following his conviction last August for killing an Iraqi civilian, AP reported Thursday. Hutchins' court martial defense attorney said he learned Tuesday that Hutchins will now serve only 11 years in detention at Fort Leavenworth and will have his rank reduced to Private before being dishonorably discharged. Under the Uniform Code of Military Justice [UCMJ], he is still entitled to an additional appeal. AP has more.

In August a military court-martial jury sentenced Hutchins to 15 years in prison for his role in the April 2006 kidnapping and murder of Iraqi civilian Hashim Ibrahim Awad in Hamdania [USMC timeline; JURIST news archive]. Hutchins was convicted of murder, conspiracy to commit murder, making a false official statement, and larceny.


Michael Waddington is a court martial lawyer and military defense 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 lawyer in court martial cases in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States.

Airman’s military defense attorney says sex was consensual

Airman’s military defense attorney says sex was consensual

By Franklin Fisher, Stars and Stripes
Pacific edition, Friday, May 9, 2008

OSAN AIR BASE, South Korea — A court martial defense lawyer for an airman accused of raping a female colleague in a dorm last fall told a jury Wednesday the sex was consensual.

Airman 1st Class Kyle Mitchum of the 51st Operations Group had pleaded not guilty to rape in a court-martial before a seven-member jury and military judge Lt. Col. Gregory Friedland.

Prosecutor Capt. Owen Bishop said Wednesday that Mitchum’s actions had entailed a “predatory progression” of alleged fondling on two occasions, culminating in a rape.

Defense lawyer Capt. Daniel Vaillant countered that the sex “was entirely consensual” and told jurors the woman’s testimony was “very, very unreliable.”

Taking the witness stand Wednesday morning, the woman told prosecutor Capt. Ryan Hendricks that she began socializing with Mitchum last year and visited his dorm room several times. She testified that Mitchum had groped her during one of those visits about two weeks before the alleged rape.

“I told him to stop,” she said of that alleged groping.

She said she visited him again between that occasion and Oct. 22, the night of the alleged rape. That night in his room, Mitchum grabbed her from behind and groped her, she testified.

“I squealed and turned around,” she said.

She said she remained in the room talking with Mitchum and a third airman. She said she left, but returned sometime later to retrieve her cigarettes and, she testified, Mitchum raped her.

She said she was unable to break free and told him three times to stop. She reported the alleged rape that night.

During a brisk 19-minute cross-examination, defense lawyer Maj. Andrew Kalavanos pressed the woman sharply over her continued contact with Mitchum.

“That was pretty offensive, wasn’t it?” Kalavanos asked of the first alleged groping.

She acknowledged under Kalavanos’ questioning that she told Mitchum to stop but did not scream or strike him during the alleged Oct. 22 attack.

And she admitted lying to a nurse who had asked her whether she’d had sex with anyone other than Mitchum within a period prior to the alleged rape. She’d said no then, although she had had sex with another airman, she testified.

The trial was expected to continue Thursday.




Michael Waddington is a court martial lawyer and military defense 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 lawyer in court martial cases in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States.