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And guess what the topic is? Yes, sex. This time it is a Chaplain accused of various sex acts committed on duty, including potential forcible (i.e. because he was a senior officer, not because physical force was involved) sex acts with Midshipman. See Brad Olson, Baltimore Sun story here. It appears CAAFlog reader David Sheldon is the Chaplain's attorney and a plea deal is in the works.
Incidentally, CAAFlog was contacted by the Sun to assist in obtaining the actual charge sheets (appropriately redacted to conceal victim names, of course). We did not make any contact with the Trial Counsel of convening authority, we just report the news, but we post the inquiry because of the news worthy result . . . the Marine Corps refused Sun writer Brad Olson's request to release the actual charge sheets, even though redacted charge sheets have commonly been released in high profile cases.
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Military justice research links
- 2008 Military Judges' Benchbook web site
- AFMAN 51-203, Records of Trial (1 Oct 1999)
- AFPD 51-2, Administration of Military Justice (7 Sep 1993)
- Air Force Instruction 51-201, Administration of Military Justice (21 Dec 07)
- Air Force Rules of Professional Conduct
- AR 27-10, Military Justice (16 Nov 2005)
- AR 27-26, Rules of Professional Conduct for Lawyers (1 May 1992)
- COMDTINST M5810.1D, Military Justice Manual (17 Aug 2000)
- Congressional Research Service, Statutory Interpretation: General Principles and Trends (March 30, 2006 ed.)
- Congressional Research Service, The Constitution of the United States of America, Analysis and Interpretation: Analysis of Cases Decided by the Supreme Court of the United States (2002) with 2006 supplement
- JAGINST 5803.1C, Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General (9 Nov 04)
- JAGINST 5810.2A, Military Justice Regulations (17 Sep 93)
- JAGMAN, JAGINST 5800.7E (20 Jun 07)
- Law Library Microform Consortium, Military Law Collection
- LOC military law collection
- Manual for Courts-Martial (2008 ed.)
- Manual for Courts-Martial, United States (2005 ed.)
- Manual of the Judge Advocate General (JAGMAN), JAGINST 5800.7E (20 Jun 2007)
- Military Justice, Army Regulation 27-10 (16 Nov 2005)
- UCMJ (as of 28 Jan 2008)
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- The Reporter [Air Force]
- This Court-Martial Sentences You To . . . [blog]
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Posts
5 comments:
No Man,
Early Bird had a Washington Post article on it as well. I am not sure if he was instructor or not (the Post article describes him as a chaplain for the Academy). Both articles also mention HIV assault charges. At the recent New Developments course down in Charlottesville, VA at the Army JAG school (I know that is not the correct name, but close enough), there was a great discussion on the concept that having unprotected sex while HIV infected may not really be aggravated assault anymore. The theory was that it may not be likely to cause death or grevious bodily harm because of the great advances in treatment of HIV and AIDS. Interesting theory, although if this case does become a guilty plea we won't get to see how it plays out here.
JO'C:
Concur on the HIV issue being potentially very interesting. I just got confirmation from a Navy Times article that LCDR Lee pled guilty to the HIV charge today. See .http://www.navytimes.com/news/2007/12/navy_leechaplain_guiltyplea_071206w/. I didn;t want to post anything on it until we had reliable information. Another post to follow.
So you think this is another plea deal that will be contested at the appellate level? I guess the CA's lawyers didn't go to the TJAGS New Developments course.
No Man:
That's not me with the first post. It looks to be Jason Grover.
JO'C
In re the issue of unprotected sex while HIV infected no longer being aggravated assault. That seems unlikely or at least unwise. First, although a treatable illness, it is not curable and the treatment is difficult, costly and not without nasty side effects. Even those being treated for HIV will have damaged immune systems.
The drug "cocktails" have many problems. First, perhaps 20% of those infected by HIV cannot take the medications because of side effects, or are among those for whom the meds are not effective, or have reached a point where the meds are no longer working for them, even after changing medications. Virtually all persons with HIV face the problem of meds being ineffective and a shortened lifespan.
It remains a very serious ailment. True, it does not mean a rapid death sentence as it once did, but it is a seriously debilitating, damaging disease.
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