Sunday, May 24, 2009

Foster follow-up

This past week's Marine Corps Times has an article following up on the Foster case. Gidget Fuentes, The Waiting Game, Marine Corps Times, May 25, 2009, at 26. (Some of our previous discussions of the Foster case are here, here, and here.) Unfortunately, I can't find the article online for non-Marine Corps/Air Force/Navy/Army Times subscribers.

The article indicates that the Commanding General of the 1st Marine Logistics Group has decided against any further court-martial of Sgt Brian W. Foster, whose convictions were overturned by NMCCA in February. United States v. Foster, No. NMCCA 200101955 (N-M. Ct. Crim. App. Feb. 17, 2009).

And the article sets out Sgt Foster's frustrating experiences trying to get the pay and allowances to which he is entitled. For example, DFAS has paid him as a private -- rather than a sergeant -- since his release from the USDB. On the positive side of the ledger, the article quotes Sgt Foster indicating that his current command -- Marine Corps Mobilization Command in Kansas City -- has been helpful to him in trying to resolve his pay and status issues. (DISCLAIMER: As many of you know, in my Reserve capacity, I belong to Marine Corps Mobilization Command.)


Cossio said...

Looks exactly what Bill Cassara said it was going to be:

Case one: Client still in confinement, CAAF busts. Pending re-trial when charge dismissed. DFAS still screwing around. First they say he will only get paid till ETS. We show them Article 75 and U.S. v. Parker (Court of Claims case.) They now agree he is owed money but not sure how much.

Case two: Client out of confinement when CAAF busts. Retrial: Acquittal. Same run around from DFAS. They first say he is not due any money because he is out of confinement, but they now say he will only be paid as an E-1, even though the law obviously says otherwise.

Over the course of what, nine years, the difference between e-1 and e-5 is very significant.

But can you put a price on 9 years of your life behind bars because of allegations from your extranged wife 7 years after the fact?

Again, whatever happened to reasonable doubt? These kind of cases show us we havn't come too far from the Salem Witch Trials.



Anonymous said...

LOL, military justice = the Salem witch trials. Funny stuff.

Anonymous said...

We really havn't come afar from the "throw 'em in the river and if they drown then not a witch they be, but if they swim they are a witch and ought to be hanged until dead"

We throw people into a system were even if you were innocent there is still a high probability that you will be found guilty. Rape/Molestation cases with bitter spouses craving custody and money will say and do anything.

GFuentes said...

Dwight, I can email you an html copy of that article if you'd like.