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Military Under Review After Lt. General Overturns Sexua... - 3/14/2013 3:13:31 PM   
tazzygirl


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Status: offline 		WASHINGTON (AP) — An Air Force general’s decision to reverse a guilty verdict in a sexual assault case is fueling support for legislation that would prevent commanding officers from overturning rulings made by judges and juries at courts-martial proceedings.

Anu Bhagwati of the Service Women’s Action Network told a Senate subcommittee Wednesday that commanders are unable to make impartial decisions because they usually have a professional relationship with the accused and, often times, with the victim as well. She said court-martial cases should be left in the hands of “trained, professional, disinterested prosecutors.”

Under military law, a commander who convenes a court-martial is known as the convening authority and has the sole discretion to reduce or set aside guilty verdicts and sentences or to reverse a jury’s verdict.

The hearing by the Senate Armed Services personnel subcommittee comes just days after Defense Secretary Chuck Hagel ordered a review of the Air Force case after lawmakers expressed outrage over Lt. Gen. Craig Franklin’s decision to overturn the sexual assault conviction against Lt. Col. James Wilkerson, a former inspector general at Aviano Air Base in Italy.

The subcommittee also is scrutinizing the military’s handling of sexual assault cases. Rebekah Havrilla, a former Army sergeant, told the panel that she encountered a “broken” military criminal justice system after she was raped by another service member while serving in Afghanistan. Havrilla described suffering from post-traumatic stress disorder and how her case was eventually closed after senior commanders decided not to pursue charges.

“What we need is a military with a fair and impartial criminal justice system, one that is run by professional and legal experts, not unit commanders,” Havrilla said.

Wilkerson, a former inspector general at Aviano Air Base in Italy, was found guilty on Nov. 2 by a jury of military officers on charges of abusive sexual contact, aggravated sexual assault and three instances of conduct unbecoming of an officer and a gentleman. The victim was a civilian employee. Wilkerson was sentenced to a year in prison and dismissal from the service.

Wilkerson was at the U.S. Naval Consolidated Brig in Charleston, S.C., until Feb. 26 when Franklin exercised his discretion as the convening authority. Franklin, reviewed the case over a three-week period and concluded “that the entire body of evidence was insufficient to meet the burden of proof beyond a reasonable doubt,” Hagel wrote in a March 7 letter to Sen. Barbara Boxer, D-Calif.

http://talkingpointsmemo.com/news/military-under-review-after-lt-general-overturns-sexual-assault-conviction.php?ref=fpb

Disturbing to say the least.

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RE: Military Under Review After Lt. General Overturns S... - 3/14/2013 4:49:07 PM   
Nosathro


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Status: offline 		Now this is really strange. First off the jury can not be below the rank of the accused, so that means no one under the rank of Lieutenant Colonel. The convening authority makes up the rules, even what evidence gets in. There is a common saying...UCMJ for E-4 and below. Also the standard reason I heard when something like this happened is "I don't want to ruin his career."

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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 6:07:27 AM   
JeffBC


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quote:

ORIGINAL: tazzygirl
Wilkerson was sentenced to a year in prison and dismissal from the service.

Perhaps it's just me but I find the original sentence pretty fucking disturbing too. Christ on a pogo stick, what the fuck do you need to do in the military to actually get in trouble? This guy got a hand-slap which was subsequently overturned?


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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 6:10:18 AM   
MadamAsianDom


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quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: tazzygirl
Wilkerson was sentenced to a year in prison and dismissal from the service.

Perhaps it's just me but I find the original sentence pretty fucking disturbing too. Christ on a pogo stick, what the fuck do you need to do in the military to actually get in trouble? This guy got a hand-slap which was subsequently overturned?



R.H.I.P. is still very much alive and well within the military. Officers, especially the higher ranking ones, are not disciplined or held accountable for their actions the same way enlisted are (especially the lower ranks of enlisted). The things I've seen during my years in.... *shaking my head*

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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 1:14:02 PM   
Moonhead


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I am the shore patrol, motherfucker!

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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 1:19:49 PM   
tazzygirl


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Status: offline 		AHOY!

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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 1:24:06 PM   
Moonhead


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Status: offline 		Couldn't resist.


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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 1:24:39 PM   
tazzygirl


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Status: offline 		Good!



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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 1:57:21 PM   
KrazyJester


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Status: offline 		It not just officers that get this treatment it usually anyone that has served more than one enlistment or in officers cases 2 or 3 commissions. People they see as career. It's extremely disturbing when some become a rank like staff sergeant where it takes an act of congress to demote said person or would mess with there retirement pension. So they sweep it under the rug. Especially when you get those types of people in a position of authority over the norm, like military police and masters at arms. That's why the term " keep it in house" is so often used. The things I have seen and experienced are borderline sickening.

< Message edited by KrazyJester -- 3/15/2013 2:00:17 PM >

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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 2:33:35 PM   
MadamAsianDom


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quote:

ORIGINAL: KrazyJester

It not just officers that get this treatment it usually anyone that has served more than one enlistment or in officers cases 2 or 3 commissions. People they see as career. It's extremely disturbing when some become a rank like staff sergeant where it takes an act of congress to demote said person or would mess with there retirement pension. So they sweep it under the rug. Especially when you get those types of people in a position of authority over the norm, like military police and masters at arms. That's why the term " keep it in house" is so often used. The things I have seen and experienced are borderline sickening.


If by staff sergeant, you are talking Army ranks (US army ranks I should say), then you are mistaken. It does not take an act of congress to reduce a staff sergeant (E6). An E6 can be reduced through the regular UCMJ actions that would reduce an E5 or below.

It is an E7 and above where it takes extra measures to get the reduction. But just because extra measures have to be taken, doesn't mean that it never happens. My first assignment after I got permanent party was involuntary separations. While you don't see it very often, it does occasionally happen when it's something bad enough.

However, in the cases of Master Sergeants, Sergeant Majors or Command Sergeant Majors, in my experience they just move them to another assignment or make them retire.

I've seen the same thing with officers as I have with the E8's and E9's.

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RE: Military Under Review After Lt. General Overturns S... - 3/15/2013 3:00:07 PM   
KrazyJester


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Status: offline 		With the Marine Corps a Staff Sergeant is given their rank through congress so I was going with the lowest rank of any branch as a whole . I am not trying to argue. I whole heartedly agree. I am just saying that in my experience I have seen that same thing happen with a SSgt. And nothing happen because he was considered a career marine and had already put in 12 years towards his 20.

< Message edited by KrazyJester -- 3/15/2013 3:16:43 PM >

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RE: Military Under Review After Lt. General Overturns S... - 3/16/2013 7:34:33 PM   
Powergamz1


Posts: 1927
Joined: 9/3/2011
Status: offline 		As said, nothing new here. COs often weigh 'the good of the command/mission/service' etc. and records of service against punishing anyone who is in a position of authority.

And of course the proposed political fix is as stupid as stupid gets... Civilian judges can also overturn verdicts if they are blatantly flawed, and taking that option away in the military merely ensures that down the road someone will be railroaded by a biased panel.


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RE: Military Under Review After Lt. General Overturns S... - 3/16/2013 7:45:14 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		That shouldnt be on the say so of one person though.

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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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