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Author Topic: Cease and Desist The Prosecution of 3 Navy Seals Petition  (Read 1353 times)
Skinhead
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*****
Posts: 8727


J. A. B. O. A.

Troy, MI


« on: December 09, 2009, 04:11:53 PM »

This will take a half min... but needs signing before fri. 12/11/09
to stop the persecution of three Navy Seals.. 
 
 
http://gopetition.com/petitions/cease-and-desist-the-prosecution-of-3-navy-seals.html
 
Cease and Desist The Prosecution of 3 Navy Seals Petition
 
Cease and Desist The Prosecution of 3 Navy Seals 20130 Signatures 

 
Published by Angela on Dec 02, 2009
Category: Justice
Region: United States of America
Target: virginia and new york judicial
 
Sign the petition
The Cease and Desist The Prosecution of 3 Navy Seals petition to virginia and new york judicial system & legislators was written by Angela and is hosted free of charge at GoPetition.

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Troy, MI
ArmyValker
Member
*****
Posts: 546


Richland, MO


« Reply #1 on: December 09, 2009, 04:21:41 PM »

Actually I kind of hope it goes to court-martial. These guys obviously knew they did nothing wrong, and when they're "bosses" decided to try to punish them, they called their bluff.

It's something you do when you know your right. Every servicemember has a right to trial by court martial. I'd bet the military drops the charges.
« Last Edit: December 09, 2009, 04:37:36 PM by ArmyValker » Logged
Chrisj CMA
Member
*****
Posts: 14780


Crestview (Panhandle) Florida


« Reply #2 on: December 09, 2009, 04:36:38 PM »

The other thing about a courts martial is that it "counts" as a trial, so the men cant be tried again.  Sometimes its good to have an official "Not Guilty" on the record
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X Ring
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Posts: 3626


VRCC #27389, VRCCDS #204

The Landmass Between Mobile And New Orleans


« Reply #3 on: December 09, 2009, 09:39:38 PM »

Unfortunately that's not quite right.  They could still be tried in the Federal Court System for violation of civil rights or some other nonsense.  My understanding of Double Jeopardy means the same judicial system can't try you again if you're found not guilty.  There have been many military personnel picked up and prosecuted downtown for DUI then face the same charges under the military system.  Jess from VA would be the subject matter expert on this.
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Jess from VA
Member
*****
Posts: 30462


No VA


« Reply #4 on: December 10, 2009, 03:44:35 AM »

Ordinarily you will not be tried by both State and Fed courts for the same crime, but there are exceptions.

The real issue is the "same crime",   So if one set of facts gets you a court martial for say assault and failure to follow a lawful general regulation (rules of engagement),  the same facts could be used to support a civilian Federal trial for violation of someon'e civil rights.  These are NOT the same crime, though they are based on the same incident(s), so the double jeapordy prohibition does not apply.   
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Oldswimr
Member
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Posts: 118

NE North Carolina


« Reply #5 on: December 10, 2009, 05:17:58 AM »

Been there done that. Article 15 UCMJ, challenged it to a Courts Martial, all charges dropped. 1983 on a false positive on a drug screening. Second and subsequent tests came up negative, the command still decided to mast me. So I requested a courts martial. After 6 months, charges dropped, qualifications reinstated. Vindication.
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"Yes, it's fast, no you can't ride it.."
Chrisj CMA
Member
*****
Posts: 14780


Crestview (Panhandle) Florida


« Reply #6 on: December 10, 2009, 06:40:46 AM »

Ordinarily you will not be tried by both State and Fed courts for the same crime, but there are exceptions.

The real issue is the "same crime",   So if one set of facts gets you a court martial for say assault and failure to follow a lawful general regulation (rules of engagement),  the same facts could be used to support a civilian Federal trial for violation of someon'e civil rights.  These are NOT the same crime, though they are based on the same incident(s), so the double jeapordy prohibition does not apply.    

Interesting clarrification there........glad I never had to learn that one first hand.  A buddy of mine was involved in an incident where someone was killed and he was charged for the crime even though his unit knew he did nothing wrong.......he was found innocent........he told me it was so it couldnt be brought up again...........now, to be honest, I just assumed it was a Courts Martial, but it well could have been a civillian court I just dont remember.......thanks anyways for the insight
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houstone
Member
*****
Posts: 377


Can't get enough...

Santa Fe, TX


« Reply #7 on: December 10, 2009, 07:13:12 AM »

fyi, I did it before reading any other comments, and was #22736, so the goal has been reached.  Can't believe we have to talk about this...
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Jess from VA
Member
*****
Posts: 30462


No VA


« Reply #8 on: December 10, 2009, 08:25:35 AM »

Been there done that. Article 15 UCMJ, challenged it to a Courts Martial, all charges dropped. 1983 on a false positive on a drug screening. Second and subsequent tests came up negative, the command still decided to mast me. So I requested a courts martial. After 6 months, charges dropped, qualifications reinstated. Vindication.


Operation "golden flow" (random drug urinalysis) was a hot topic when I was an active duty USAF Jag.  A fellow Jag I knew and tried a couple cases with during service (Capt Lindsey Graham, now Senator (Col Res) from S. Carolina), challenged a whole series of cases of positive screenings in trials by courts martial.  While assigned as an Area Defense Counsel, he pretty much single handedly challeged the USAF Brooks Laboratory (TX) which analyzed all the urine samples....and won.  It was discovered that the civilian personnel at the lab were screwing up the "chain of custody" records, cooking tacos in the testing equipment, and otherwise doing shoddy work.  He obtained numerous acquittals at trial, which resulted in good deal of embarrassment to the USAF, and a top-down revamping of how Brooks lab did business. 

During this time, I came up for a random urinalysis, and though I knew I was clean, I was sufficiently worried about a false positive that I arranged to have two samples taken, and had my 2d sample documented on chain of custody to a secure location beyond my reach;  so I had a backup if it came back positive.  When it came back negative, I told my guy he could dump out my backup sample (from his safe, no refrigeration necessary).  LOL 

After Brooks Lab was revamped, however, their results were bulletproof, and remain so to my knowledge. 

 
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