Posted on 09/05/2007 6:53:12 PM PDT by RedRover
Edited on 09/05/2007 7:18:35 PM PDT by Lead Moderator. [history]
bfl
Our fine Military should have the best legal service.
Did they mean “counsel” not “council” perhaps?
Amen to that.
“He is currently defending Staff Sergeant Frank Wuterich”
oh no
My error.
Unfavorable.
What’s #3? What’s next?!
Seriously, this could result in dismissal of all charges against the Marines.
There is an old UCMJ provision (please bear with me, I’m going back 40 years) that requires that Gmvt’s counsel could be no more qualified than Defense counsel.
That was back when Combat Arms officers would serve as defense counsel of accused in Summary Court Martial.
Rule was simple. if Gmvt used a lawyer to present case, defendant had to get a lawyer to. if Gmvt used a line officer, accused did not have to be furnished a “real” lawyer as counsel.
If more than one lawyer is working on Gmvt case in this matter, then is unfair to defendants... in addition to being exceptionally stupid PR.
Grounds for successful appeal.
In the article there is too much between these paragraphs.
“Vokey was fired by Colonel Rose M. Favors, the Command Defense Counsel of the entire Marine Corps. She reports to the Staff Judge Advocate. Favors reportedly fired Vokey for allowing each of the defendants in the Haditha and Hamandiyah murder and dereliction of duty cases to have more the one Marine Corps lawyer assigned to represent them. Favors reportedly told Vokey that assigning so many defense lawyers was unnecessary for them to receive adequate representation.”
snip
“The prosecution enjoys a built-in home court advantage. In addition to enjoying the services of the most experienced trial attorneys among the SJAs, the prosecution can call upon the resources of Naval Criminal Investigative Service investigators, other federal law enforcement officials, and apparently unlimited funds to travel world-wide interviewing witnesses and otherwise investigating frequently specious allegations.
Attorney Kevin B. McDermott, who represents Capt. Lucas McConnell, said Favors’ decision – particularly her timing – is prejudicial to the performance of the defense lawyers – particularly active duty Marines – who must serve two masters.”
Very interesting piece by Nat Helms. It’s also going to be interesting to see what is about to take place in the JAG service, a lot of this isn’t passing the smell test.
In addition to enjoying the services of the most experienced trial attorneys among the SJAs, the prosecution can call upon the resources of Naval Criminal Investigative Service investigators, other federal law enforcement officials, and apparently unlimited funds to travel world-wide interviewing witnesses and otherwise investigating frequently specious allegations.
To say nothing of the scumbags like Murtha, Schumer, McGirk, et al -- promulgating the insurgent propaganda as truth. Think we'll ever get a price of what these persecutions prosecutions have cost OUR treasury? We are already seeing the costs in the troops in the field.
http://www.thejetstreamonline.com/issues/pdfs/boot022505.pdf
Colonel Favors is married to Col. Rose M. Favors. She was born in Frankfurt,Germany, and is a graduate of the University of South Carolina School of Law. She was commissioned in 1979.
Her major assignments include: trialcounsel, 3rd Force Service SupportGroup; defense counsel, MCAS Iwakuni,Japan; defense counsel and administrative law attorney, MCB Camp Pendleton, Calif.; action officer in the Military LawBranch, Judge Advocate Division, Headquarters Marine Corps; appellategovernment counsel, Navy-Marine CorpsAppellate Review Activity, WashingtonNavy Yard; chief review officer, LegalServices Support Section, 1st ForceServiceSupport Group; deputy staff judgeadvocate, 1st Marine Expeditionary Brigade; staff judge advocate, MCBHawaii; deputy staff judge advocate,Marine Corps Combat Development Command, MCB Quantico, Va.; staffjudge advocate, 3rd Marine Division;staffjudge advocate, III Marine Expeditionary Force; director, Appellate Government Division, Navy-Marine Corps Appellate Review Activity, Washington Navy Yardand staff judge advocate, Marine Corps Combat Development Command, MCBQuantico, Va.
She is currently serving as staff judgeadvocate for Marine Corps Recruiting Command and Training and EducationCommand. Colonel Favors is admitted to practicelaw before the Supreme Court of theUnited States and the United States Courtof Appeals for the Armed Forces. She is a member of the South Carolina Bar. Colonel Favors’ personal decorations include the Legion of Merit with goldstar, the Meritorious Service Medal with gold star and the Navy-Marine Corps Commendation Medal with gold star.
BTW, thank you and Mr. Helms for breaking this news.
Not a problem. Thank you for what you are doing! I’m an Army Intelligence veteran, but my late father was a Gunnery Sergeant commo chief that served in WWII, Korea and Vietnam.
What an obscene mess.
Wonder what he'll arrange for next.
Brahms is clearly indicating a problem of defense counsel careers being threatened. In other words, they are doing TOO well, and their clients are not being convicted.
This is the ultimate in command influence on the JAG side of the house.
Vokey was fired by Colonel Rose M. Favors, the Command Defense Counsel of the entire Marine Corps. She reports to the Staff Judge Advocate.
The SJA, I assume, is the Chief of JAG for the Marine Corps, reporting to the Chief of Staff of the Marine Corps, a 4 star who sits on the JCS with Pace (Marine) as the current Chairman for a bit longer.
On the defense side, each SJA carries a large case load. Their circumstances are further exacerbated because each Marine defendant needs at least two Marine Corps trial attorneys to counter the numbers the prosecution fields
It is common knowledge in the military that commanders generally favor Prosecution JAGs and disregard Defense JAGs. That is because commanders are generally Judge and Jury against soldiers who require punishment. Defense JAGs muck up their plans.
The prosecution enjoys a built-in home court advantage. In addition to enjoying the services of the most experienced trial attorneys among the SJAs, the prosecution can call upon the resources of Naval Criminal Investigative Service investigators, other federal law enforcement officials, and apparently unlimited funds to travel world-wide interviewing witnesses and otherwise investigating frequently specious allegations.
As is obvious here, the UCMJ requires that the military provide both prosecution and defense. It is to be fair and balanced. Generally, though, the experienced lawyers gravitate to prosecution because it's just easier to deal with commanders and not be considered a "dirtbag defense lawyer."
Who pays for all these jaunts around the world, and why can't the defense authorize some of the same to discover questions that they have?
Why isn't there a division of NCIS devoted to defense research, and all of seems to focus on prosecution research?
Now that I see this, I realize that when all is said and done this whole thing will make a best selling book from Vokey’s point of view. (with Nat?)
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