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Friday, May 04, 2007
New CAAF opinion
United States v. Bare, __ M.J. ___, No. 06-0911 (C.A.A.F. May 4, 2007). Judge Baker for a unanimous court, holding that a serial child abuser can't take advantage of United States v. Berry, 61 M.J. 91 (C.A.A.F. 2005)'s restrictions on the prosecution's use of a highly dissimilar prior sex offense. (That is a greatly oversimplified version of the holding, but you get the general idea.)
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I'm trying to figure out how this guy doesn't end up with a PTA. The guy pleads guilty to some pretty heinous sexual conduct with his biological daughter (though not the full monty) and then tries to litigate that he was only a pretty bad molester and not a really, really bad molester. And he does this knowing that he's not going to object to at least some past deviant sexual conduct with a stepdaughter. That's the kind of case where, when the MJ is giving instructions, every member perks up and physically writes down the maximum punishment when the judge says what it is. That's a case where the guy has just got to cut a deal, almost any deal.
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