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2005-05-01 Home Front: WoT
Prosecutors Give Arguments in Marine Case
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Posted by Steve White 2005-05-01 00:00:00 AM|| || Front Page|| [4 views since 2007-05-07]  Top

#1 The two female milbloggers at Euphoric Reality have been tracking this prosecution.
Posted by too true 2005-05-01 11:37:02 AM||   2005-05-01 11:37:02 AM|| Front Page Top

#2 nice - no motive here - nothing to see. Coburn is given immunity? Prosecutorial abuse of power to get a conviction should be a career-ender
Posted by Frank G  2005-05-01 11:40:26 AM||   2005-05-01 11:40:26 AM|| Front Page Top

#3 For the non-military types, the Article 32 investigation is the military version of a grand jury investigation. The Art 32 officer will 'recommend' action to the Courts Martial convening authority whether or not sufficient credible evidence exist to hold a Courts Martial. The CMA can act upon the recommendation, ignor the recommendation, or choose another action, administrative rather than judicial.

The standards of evidence in the military court are the same as any federal court. The credibility of Sgt. Coburn is going to hurt any case the government might have against the LT. And that has got to weigh in to the decision of the convening authority. The authority may choose to convene a courts martial, knowing that the case is weak, if only to clear the LT of any further claims concerning the incident, as he is protected against double jeopardy, at least as far as American courts are concerned.
Posted by Phavitch Phaviting2667 2005-05-01 12:26:48 PM||   2005-05-01 12:26:48 PM|| Front Page Top

#4 thx - I was noting Coburn's obvious motives to lie and the fact they granted him immunity, in a prelim phase. This shows me a win-at-all-costs attitude
Posted by Frank G  2005-05-01 12:42:08 PM||   2005-05-01 12:42:08 PM|| Front Page Top

#5 If the only thing the prosecution has is a demoted squad leader on their side this will be a very short Article 32. Convening Authorities are not stupid, but I can't see the prosecution going forward with such an obviously weak case. There has to be more and I mean some physical evidence that we are not privy to yet.
Posted by Cyber Sarge  2005-05-01 1:04:03 PM||   2005-05-01 1:04:03 PM|| Front Page Top

#6 Or they are going through the motions so the LLL and the MSM can't scream coverup.
Posted by too true 2005-05-01 1:25:00 PM||   2005-05-01 1:25:00 PM|| Front Page Top

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