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MILITARY: Suit alleges military violated woman's rights (Haditha Prosecutor & NCIS)
NC Times ^ | 9/17/2010` | RICK ROGERS

Posted on 09/17/2010 2:23:05 PM PDT by Saoirise

MILITARY: Suit alleges military violated woman's rights By RICK ROGERS - For the North County Times | Posted: Friday, September 17, 2010 12:00 am The American Civil Liberties Union has filed a lawsuit against the Naval Criminal Investigative Service, its agents, Camp Pendleton military police and a San Diego Marine staff judge advocate on behalf of a North County woman who alleges they violated her constitutional rights with intimidation and harassment. The ACLU of San Diego and Imperial counties filed a 20-page civil complaint Sept. 9 in U.S. District Court for the Southern District of California, seeking a jury trial and unspecified financial damages. Carolyn Martin of Carlsbad brought the suit accusing the military of illegally stopping and searching her on Camp Pendleton, interfering with her employment and denying her access to military courts. Martin, who spent 14 years in the Marine Corps, is a well-known defense investigator who has worked on several high-profile cases, including the theft of top-secret intelligence from Camp Pendleton for alleged use by civilian law enforcement in Los Angeles County. Navy Secretary Ray Mabus and NCIS director Mark D. Clookie are named as defendants in their capacities as the leaders of their agencies. Others named in the suit include: Wade Jacobson, NCIS special agent in charge of Marine Corps West Field Office, Camp Pendleton; Lt. Col. Sean Sullivan, the Staff Judge Advocate at Marine Corps Recruit Depot San Diego; and NCIS Special Agent Gerald "Jerry" Martin, believed to be based at Marine Corps Air Station Miramar. Seven law enforcement officers whose names are unknown are also listed as defendants. They could be added to the suit should they be identified. "

(Excerpt) Read more at nctimes.com ...


TOPICS: Front Page News; Government; Politics/Elections
KEYWORDS: marinecorps; ncis
Suit names Haditha Prosecutor and NCIS Agents
1 posted on 09/17/2010 2:23:06 PM PDT by Saoirise
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To: jazusamo; Lancey Howard; 4woodenboats
Jaz - Would you post to Haditha Ping list, as Persecution Sullivan is named in the suit.

Carolyn has been helping out Defense with Haditha and she is one awesome woman, she spent 14 years in the MC.

2 posted on 09/17/2010 2:27:12 PM PDT by Saoirise (Sgt Larry Hutchins is a Free Man!!!! Keep it that way!)
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To: Saoirise

Gibbs ain’t gonna like this...


3 posted on 09/17/2010 2:27:54 PM PDT by stefanbatory (Insert witty tagline here)
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To: stefanbatory

He’s East Coast. That unwatchable spin off is left coast.
Gibbs wouldn’t have done it. He would have told them to sit on it and spin.


4 posted on 09/17/2010 2:29:51 PM PDT by IrishCatholic (No local Communist or Socialist Party Chapter? Join the Democrats, it's the same thing!)
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To: stefanbatory

Send in Jethro Gibbs and his mentor the only one allowed to call Agent Gibbs Probie.


5 posted on 09/17/2010 2:31:06 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: IrishCatholic

Good that it was West Coast, because it sounds like the type of thing Tony DiNozzo might have inadvertently been involved in.....


6 posted on 09/17/2010 2:32:36 PM PDT by NEMDF
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To: NEMDF

Head slap!
“Thanks, boss.”


7 posted on 09/17/2010 2:37:33 PM PDT by IrishCatholic (No local Communist or Socialist Party Chapter? Join the Democrats, it's the same thing!)
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To: Saoirise; 4woodenboats; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ...
Looks like Sullivan and some NCIS agents may have overstepped their authority with a civilian.

.

HADITHA MARINE PING!

8 posted on 09/17/2010 2:38:13 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: IrishCatholic

Happens to the best of us.

Carry on. In a few weeks, you’ll be over the shame.


9 posted on 09/17/2010 2:39:07 PM PDT by NEMDF
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To: jazusamo

They are the crooks who ought to be behind bars, IMHO, but slapping them with a civil suit is the next best thing, I suppose.


10 posted on 09/17/2010 2:48:06 PM PDT by colorado tanker
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To: colorado tanker

Couldn’t agree more. Some of the NCIS investigators in the Haditha case should definitely be behind bars or at least looking for a new job.


11 posted on 09/17/2010 2:50:39 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo
Here's the suit
12 posted on 09/17/2010 5:10:48 PM PDT by Girlene
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To: jazusamo
Needs repeating:
"Some of the NCIS investigators in the Haditha case should definitely be behind bars or at least looking for a new job."
13 posted on 09/17/2010 5:44:29 PM PDT by Marine_Uncle (Honor must be earned....)
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To: Girlene

Thanks, Girl.

Looks to me like she was harassed but I’m far from being a legal eagle. :-)


14 posted on 09/17/2010 5:54:05 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo; natshouse
page 13. The suit alleges that :

.............."Lt Col Sean Sullivan, the Staff JAG at Marine Corps Recruit Depot (MCRD) and a former prosecutor for the Department of the Navy and USMC in cases on which Ms. Martin worked as a defense investigator, recently informed the chief military defense counel at MCRD San Diego that Ms. Martin was banned from Building 12 at MCRD San Diego, which includes the military criminal defense office, the legal assistance office, and the courtroom at MCRD, San Diego. There is no legitimate justification for Lt Col Sean Sullivan to ban Ms. Martin from these portions from MCRD, San Dieo which she is entitled to enter. Ms. Martin is currently conducting two military defense investigations out of MCRD, San Diego. Lt Col Sean Sullivan's order substantially impairs her ability to meet and confer with defense counsel, prevents her from attending any courtroom proceedings or testifying on behalf of her clients, and otherwise impedes her ability to adequately investigate her client's cases. Lt Col Sean Sullivan also informed the chief military defense counsel that he is considering banning Ms. Martin from MCRD San Diego completely.".............

As an aside, Jaz, I didn't realize Rick Rogers had transferred to NCT (vs. San Diego Union Tribune)
15 posted on 09/17/2010 6:27:42 PM PDT by Girlene
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To: Girlene

Sure looks like Sullivan doesn’t want her around, looks like some of the rotten things she’s turned up involved him which is all too believable.

Good catch, looking back on Rogers it seems he made the move in April of this year.


16 posted on 09/17/2010 6:57:41 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: Girlene

Rick Rogers also writes a weekly column for NC Times. He’s a namby pamby liberal.
I don’t trust him.


17 posted on 09/17/2010 7:06:58 PM PDT by Lancey Howard
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To: jazusamo; Saoirise

I’m trying to figure out how the ACLU got involved in this. Oh well... the enemy of my enemy is my friend? That works in this case. Go, atheist scumbags.

I hope Sullivan and the rest of the animals who have been conducting a personal Jihad against the genuine battlefield heroes of Haditha end up behind bars. But first, I hope the case drags out for at least five years and costs Sullivan and the rest of them their homes and their life savings.


18 posted on 09/17/2010 7:16:57 PM PDT by Lancey Howard
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To: Lancey Howard

I hear you, Lancey. In this case I’ll root for the ACLU only because of what these turkeys did to Carolyn Martin.


19 posted on 09/17/2010 7:36:27 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo; Saoirise

Interesting. Thanks for the ping.


20 posted on 09/17/2010 11:34:51 PM PDT by Gene Eric (Your Hope has been redistributed. Here's your Change.)
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To: Girlene
It looks like Ms. Martin has her does in her headlights.

It also looks like Sullivan is sitting on top of of this pile of poo with all the aplomb of Jabba The Hut.

It's unlikely that Sullivan just recently embarked on his Tour Of Dishonor. Odds are that, as he progressively abandoned any semblance of fair play throughout the years in favor of bullying and operating outside the law, he left a trail.

One with no shortage of accomplices and victims, potential threats to his own freedom.

Thanks for posting this, Girl.

21 posted on 09/18/2010 12:55:01 AM PDT by 4woodenboats (Defend America peacefully, vigorously, and swiftly against all enemies before she becomes a memory)
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To: Lancey Howard; jazusamo; 4woodenboats
I’m trying to figure out how the ACLU got involved in this

NCIS, I think, would come under federal jurisdiction. Whether she tried to get charges filed by complaining to the DOJ or not, after reading the suit, it doesn't sound like she has a lot "evidence" to corroborate the harrassment, intimidation, etc. She has a few items/actions that show the effect of these alleged intimidating incidents. Filing a suit against these parties puts them on notice, lays out the chain of events, gets their bosses (Mabus, etc.) looking into the incident, etc.

If these incidents did occur, and if "favors" were called in to other federal agencies to cause her to lose her CBP (Customs and Border Patrol) credentials (essential to her primary job and income resource) she would have a legitimate claim to monetary damages. Further losing court access to Camp Pendelton (via Lt. Col Sullivan) shuts down any additional income she picked up as a defense investigator for accused Marines/sailors.

I'm not sure how Lt Col Sullivan can ban her from a court room at his whim.........this suit challenges that, along with the other actions by NCIS agents starting back in June, 2009. Sullivan's "banning" was just recent. I don't know if she's involved with the Haditha case as a defense investigator. Maybe this is part of what Neal Puckett was talking about when he slammed how the MC and prosecutors had handled this case.

Interesting, nonetheless
22 posted on 09/18/2010 6:29:34 AM PDT by Girlene
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To: SandRat

"Okay, Probie. Let's get going."

23 posted on 09/18/2010 7:39:24 AM PDT by Stonewall Jackson (Put your trust in God; but mind to keep your powder dry. - Oliver Cromwell)
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To: stefanbatory
Others named in the suit include: Wade Jacobson, NCIS special agent in charge of Marine Corps West Field Office .... and NCIS Special Agent Gerald "Jerry" Martin, believed to be based at Marine Corps Air Station Miramar.

*** Gibbs ain’t gonna like this... ***


"Sheesh. 'Hollywood Agents', it figures."

;-)

24 posted on 09/18/2010 12:14:20 PM PDT by Condor51 (SAT CONG!)
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To: Girlene
...Sullivan's "banning" was just recent. I don't know if she's involved with the Haditha case as a defense investigator. Maybe this is part of what Neal Puckett was talking about when he slammed how the MC and prosecutors had handled this case.

See Saorise's post #2. I don't know the scope of her help, but if I were in SSgt Wuterich's shoes, I would certainly appreciate every bit of help that she is capable of, and of Sullivan; I'll just stick to my Jabba The Hut portrayal.

If it comes about that Carolyn can prove a conspiracy to cause her harm financially, professionally and emotionally, it's going to be a big deal.

If she can prove that she was physically restrained from her official duties, that'll make it a bigger deal.

If she can prove that she suffered these attacks as part of a conspiracy between NCIS, a senior SJA, a "doe" from the Inspector General's Office (who refused to give his name), and 1/2 dozen armed MP's to retaliate against her and possibly deny a defendant's constitutional rights* (though she does not specify the treading of a defendant's rights, it's not unreasonable to speculate that the "Retaliation" is work related and would therefore pretty much have to be a defendant) and the protections and rights afforded by the UCMJ, WHOOPA!; She'll have sunk his battleship!

The list of allegations appear to fit the definition of the Color of Law;

The conduct of a police officer, judge, or another person clothed with governmental authority that, although it superficially appears to be within the individual’s lawful power, is actually in contravention of the law. For example, a police officer who makes a false arrest while on duty, or while off duty but when they are wearing a uniform or badge, is acting under color of law. In some circumstances, the phrase also applies to the conduct of private individuals that is specifically authorized or approved by a statute. Depriving a person of his or her federal civil rights under color of law is, in and of itself, a federal crime and a ground for a cause of action. Also called under color of law. If the conduct violates a federal civil right or criminal law, it is also called state action.

Should a driver for these actions be the Haditha cases, Sullivan may soon regret delaying Frank's right to a speedy trial.

Ironically, Sullivan is a defendant in US District Court, where he is much less likely to curry favors.

25 posted on 09/18/2010 2:17:03 PM PDT by 4woodenboats (Defend America peacefully, vigorously, and swiftly against all enemies before she becomes a memory)
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To: 4woodenboats

May he (Sullivan) get his JUST DESSERTS!!!!


26 posted on 09/18/2010 4:35:53 PM PDT by Semper Fi Mom (Mother of a Marine and proud of it! (www.WeSupport Frank.com))
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To: Semper Fi Mom
Hi Mom,

I sincerely believe that chapter has been written, and there is nothing that can stop it now. Look how things are pulling together for your side and falling apart in such a huge way for Sullivan...once he get's tipped over, he has a very, very long way to fall from that pedestal he built from deceit and manipulation.

When I saw that the Marine Corps had given Frank a position instructing fellow Marines how to assault a hostile city, I took that as a sign from God to have faith, to be ready for things to head up on a new tack, and a reminder that no one does irony like God does.

2 short days later, enter Carolyn Martin toting a giant sack of Sullivan's "mud" that she meticulously scraped off the walls so she has something to bury his career in.

I like her chances.

27 posted on 09/18/2010 7:17:58 PM PDT by 4woodenboats (Defend America peacefully, vigorously, and swiftly against all enemies before she becomes a memory)
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To: 4woodenboats; All
2 short days later, enter Carolyn Martin toting a giant sack of Sullivan's "mud" that she meticulously scraped off the walls so she has something to bury his career in.
I like her chances.


LOL, 4wb. CAAFlog has the article, here, Civilian military justice defense investigator sues MCRD San Diego SJA and NCIS for interfering with her work on the suit with links to the complaint, brief, motion, etc. The brief in support of her motion for a preliminary injunction is here which details the specific issues related to Lt Col Sean Sullivan.

Interesting speculation in the comment section whether this shows creativity in a new form of UCI.
28 posted on 09/19/2010 11:03:05 AM PDT by Girlene
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To: Girlene
Wow, things are really heating up for ol Jabba.

Immediate interest on CAAFlog, with complimentary mentions of Ms. Martin, not so much for SJA's.

Looks like their interest is piqued...Big Time

And that injunction...BAM! Sean's desk nails him right between the eyes.

(Interviewed at it's arraignment, the desk exhibits no remorse, vows to do it again if the opportunity presents itself.)

Thanks Girl, you made my day (as usual!).

29 posted on 09/19/2010 12:35:38 PM PDT by 4woodenboats (Defend America peacefully, vigorously, and swiftly against all enemies before she becomes a memory)
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To: 4woodenboats

:-)


30 posted on 09/19/2010 4:00:47 PM PDT by Girlene
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To: Saoirise

Awesome.


31 posted on 09/20/2010 7:40:25 PM PDT by freema (MarineNiece,Daughter,Wife,Friend,Sister,Friend,Aunt,Friend,Mother,Friend,Cousin, FRiend)
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I knew Carol when she was an active duty Marine stationed at Quantico, VA. She’s never been one to back down from a fight or avoid a challenge. It appears they are trying to harass her into submission. All I can say is that they don’t know the Carol Martin I know. If the facts are supported by her allegations (and I have no reason to believe otherwise), I hope she takes them for a ride. Maybe it will expose some of the BS that’s been going on at NCIS for years. Let’s not forget they are the ones who used to be called NIS. The name change was part of the makeover after they so badly bungled the Tailhook investigation back in 1991-92. For years NIS was known within the Marine Corps as a place for captains who were passed over for major to find employment. Not many long ball hitters in that particular group. I’m doubting much has changed, TV shows or not.

Semper Fi Carol, Never say die!


32 posted on 09/30/2010 7:50:43 AM PDT by Retired Jarhead
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To: Retired Jarhead
Looks like Carolyn Martin has "taken them for a ride" so far. NCIS-SAN DIEGO: GOVERNMENT CONCEDES THAT PUBLIC HAS RIGHT TO ATTEND MILITARY COURT PROCEEDINGS
33 posted on 03/19/2011 8:41:25 AM PDT by Girlene
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