To borrow from Kipling's poem Gunga Din: "You're a better man than I am"
The UCMJ was written as an adhoc justice system which-nominally-should be fairly swift--or at least swifter than most civilian systems.
What seems evident is that for whatever reason the UCMJ has turned glacial when it comes to high profile cases. Wuterich took 7-SEVEN! years to go to trial. Hasan is supposed to go to trial on June 12, 2012--almost three years. Better, but certainly not swift
By contrast, in the federal system the government is required to bring a case to trial within 70 days of indictment. The defense must consent if the government wishes to delay beyond that (in most circumstances).
There is no doubt that Sgt. X's court martial will take years to get to as well. My bet is 5 yrs minimum.
Bonjour,
What I've read is that the video was taken from a blimp. If so, command & control over the blimp and its video feeds was probably not at the OutPost where the shooter was stationed. Or, were there multiple video feeds (and/or sound feeds) from other sensors - some under the OP's C&C ? "Prophet" might be all over the place, but he doesn't necessarily add 2+2=4. I don't know at this time.
For the sake of discussion, I've taken (from the Wiki) what could be the existing facts re: the geography and timeline (not known to me):
Footnotes omitted (see the Wiki).Quote:
According to official reports, a heavily-armed American soldier left his base at 3:00 a.m. local time wearing night vision goggles. He was wearing a traditional Afgan clothing over his ISAF fatigues. The soldier proceeded to attack three civilian homes in the villages of Alkozai and Najeeban ... Eleven members of the same family were killed in Najeeban, then their bodies were partially burned. Four members of another family were killed in Alkozai. ...
...
Following the events at Alkozai and Najeeban a U.S. soldier handed himself over into ISAF custody. Afghan forces spotted him leaving his outpost before the massacre and U.S. commanders on base assembled their troops for a head count when it was discovered that the soldier was missing. A patrol was dispatched to find the missing soldier; it did not find him until the soldier turned himself in at the base after the massacre. He was reportedly taken into custody without incident. There were no other military operations being conducted in the area at the time.
The surveillance video from the base [JMM: "from the base" may not be accurate] reportedly shows "the soldier walking up to his base covered in a traditional Afghan shawl. The soldier removes the shawl and lays his weapon on the ground, then raises his arms in surrender." The video was not disclosed to the public.
So, before anyone gets pi$$ed off at higher-ups for not stopping the events that occured in the time between the shooter leaving and coming back, we have to know who knew what and when - and what the shooter was doing when and where. I don't have that data.
What is spooky here is the similarity with 1970 Son Thang (about 1500-2000 metres from the Marine Coy OP), where 16 people were killed at two separate locations (two houses in one; one house in another). The Marine patrol took less than an hour out and back. By a fluke, another Marine patrol (including an S-2 Lt. and a corpsman) were told by villagers of the killings shortly after. That patrol was able to make a good forensic investigation of the three scenes.
Once the facts are in, Lagrange would be a better judge of small unit reaction time than McCarthy. You've been in what, say, a half-dozen or more $hit-holes over the last decade.
If you end up judging, look at it not only from the standpoint of the villagers, but also from the standpoint of the person in charge at the OP.
colonialement,
Mike
isn’t the only option. In the real world sometimes the only choice one has is between bad and less bad and at times justice is not the less bad. I don’t know enough about the Haditha situation to know whether that is what Wuterich’s ultimate conviction amounted to but I could see how that might have been the case and I am not unsympathetic if so. Others will differ, but I personally would argue that allowing some degree of discretion is a good thing. Of course, that does open up the possibility that said discretion might be abused. There’s always a dialectic.
Do a search here at SWC on Haditha to return posts - just now, 175 posts. See Defend Our Marines for huge documentation. Polarbear1605 and I have written enough on Haditha, so one short comment.
BLUF (only my own): the principal recent reason for delay (and when the Wuterich C-M was set for trial) were pi$$ing matches (hissy fits) among trial counsel and defense counsel, joined and added to by the military judge, joined and added to by the appellate judges - the latter won, as they always do. The hearings and trials involving other Marines were wrapped up in 2007-2008.
BTW: I'm not arguing anybody's position here, except my own conclusion (above), based on having looked at all of Wuterich's appellate decisions (and related materials) as they were going down. I didn't see any huge geopolitics or CA manipulation as to the final trial date. Clearly, the case was a political football (including military politics), especially at the beginning. At present, anybody can state whatever they want - informed or not. I don't give a f**k; what's over, is over.
Regards
Mike
Latin ? My, my. ;)
Here is a NYT article trying to explain why things, so far, haven't boiled over in Afghanistan in the wake of the killings.
http://www.nytimes.com/2012/03/15/wo...ed=2&ref=world
The article says it is a combination of religion trumping all, a quick and well spoken apology, fast payment of blood money, the fact that it wasn't part of a military operation and related to that, what seems to be the realization by the Afghans that this was a criminal act by an individual for which there is at least a chance of the death penalty being imposed. Very astute analysis.
A valid point has been made about slowdowns in the criminal justice system. One is the time from crime to trial. The other is time from trial to final appeal. The two problems are quite different.
Here is an example from 1970 - Son Thang (16 killed in three hootches). The shootings took place on 19 Feb 1970 in the early evening. The initial forensic investigation (by an intel sensor patrol with an S-2 1st Lt. and a corpsman HN1 with camaras, etc.) began by chance in the late morning of 20 Feb.
The Article 32 hearings (on 5 cases) took 9 days, concluding on 23 March 1970, with the 5 Article 32 reports submitted four weeks later in April.
The first CM (and most comparable to this case in factual issues) was that of Pvt. Michael Schwarz, opening Monday, 15 Jun 1970 and closing Sunday, 21 Jun 1970 - members' verdict and sentence was guilty as charged and specified - 16 premeditated murders with a life sentence for each. The CA had declined to seek the death penalty.
The point (for crime to trial) is that it can be done; but it won't be done unless citizens join in pressure groups to require enactment and enforcement of Speedy Trial Acts. Bitching about lawyers and judges won't cut it.
The time from trial to final appeal problem is exemplified by the Ronald Gray case - a 1988 death sentence still unexecuted in 2012. That problem will not be solved easily, but would require a remake of the trial courts and appellate courts. Solutions can be easily presented - which are simple enough to lay out. Much larger amounts of political clout would have to be mustered to enact those solutions.
Regards
Mike
PS Carl: NYT article is very good. In my unscholarly explanation to me, the green book is the "accident" (appearance); its "substance" is God (because the Word of God is inseparable from God and is co-existent and eternal). Cf. RC doctrine of the consecrated Host: the bread is the "accident" (appearance); the "substance" is God.
I'm using Thomist-based systematic theological terms because of my ignorance of Islamic terms. An educated Muslim would provide an explanation with different terms. But, I believe it gets down to this: to a Muslim, desecration of the Koran is an actual, physical insult to God. To an RC, desecration of the Host is an actual, physical insult to God. God cannot be injured, but He can be insulted.
Bonjour Mike,
Did not want to upset you when I said I'm a little p#$$@d off by the fact that there was video surveillance.
I believe my question is fully focused on how is that it could happen? The existence of video surveillance, even if they were of no use at the moment of the incident, demonstrate that it is not taking place in some remote unaccessible lost village.
Most of crimes I am reading about take place in areas where there is no one to witness, no technology to record the criminal acts...
So my interrogation, and you did provide tracks to answer it, was rather could this be avoided? But it will be to a court to pride the final answer to that.
Amicalement
Marc-Andre
I think there is also the Afghan equivalent of NIMBY. The murder of a few villagers is unremarkable, and for most Afghans those who died were "not in my village, not in my clan, not in my valley, not in my tribe". There is no emotional connection and therefore no outrage. Desecration of the Qu'ran, on the other hand, attacks one of the few things that give most Afghans some meaning in their life. They must react to that act of desecration in order to preserve their concept of self-worth.
S.Sgt X's lawyer stateside is John Henry Browne (Wiki), who has been talking to the press:
Seattle Times: Lawyer: Accused soldier was reluctant to deploy to Afghanistan (15 Mar 2012, Mike Carter and Hal Bernton)
NYT: Accused G.I. ‘Snapped’ Under Strain, Official Says (15 Mar 2012, ERIC SCHMITT and WILLIAM YARDLEY).
This sentence from him is definitely a classic:
Well, duh, Mr Lawyer. That's the way it works when the government prosecutes someone.Quote:
"The government is going to want to blame this on an individual rather than blame it on the war," he said.
Lawfirm Overview and Personal Bio.
Over 250 criminal cases to verdict is serious experience.
To give you an idea of the floor for experience (and other important things), the National Board of Trial Advocacy (a Division of the National Board of Legal Specialty Certification) was the first American Bar Association accredited attorney board certifying agency in the world. Founded in 1977, NBTA offers board certification for Trial Lawyers, Criminal Lawyers, Family Lawyers, Social Security Disability Lawyers.
The certification requirements for the four catagories are at the hyperlinks above.
You all out there who are looking for a lawyer might keep in mind that fewer than 4% of all practicing lawyers are certified by an ABA accredited or state sponsored certification board - and fewer still by NBTA. It's no guarantee, but it's a screen. NBTA Lawyer Finder.
I was certified as a Trial Lawyer - for whatever that's worth. You get a little pin, which I never wore but still have.
http://www.nblsc.us/site/content/images/img1.jpg
Regards
Mike
Is this 9/11 related? without knowing the background of the soldier in question but it seems he's been in 11 years(joining at the time or close to 9/11)Did this happen because how that may have affected him?Is this delayed "revenge" for that? The hard part for me why so many children?Adults yes ,Adults can be threats if he had shot only Adults I could almost" jam with that" but children, surely the general consensus is children are not threating?Why so many especially since he's a father ,does he have a child related tragedy in his past perhaps 9/11 related? Of course he might just be a complete and utter fruitcake.:confused:
The identity of this guy has been leaked according to CNN.
http://www.cnn.com/2012/03/16/world/...html?hpt=hp_t1
Worth reading is Bob Scales' OpEd in the Washington Post, Too many wars, too few U.S. soldiers (13 Mar 2012), keeping in mind his own qualification:
Asserting a lousy war, asserting a lousy branch of service, asserting lousy National Command Authorities - none of those are valid defenses to homicide; and none of them are likely to influence the members of a GCM.Quote:
My sense is that their collective, intimate exposure to the horrors of close combat was far more debilitating than what we experienced.
This of course in no way justifies what happened in Kandahar.
His cup runneth over, however, is simply a fact as both MG (ret.) Scales and Lord Moran (and a plethora of others) point out.
Sometimes, the overflowing cup becomes obvious in time to prevent harm (Ricks and Stars & Stripes).
Other times, no overflowing cup exists; but the picture of a truly evil person emerges - albeit with some symptoms of mental illness (Stars & Stripes and Orange County Register, source based on grand jury transcript).
The stories linked above (threatened serial killings and actual serial killings) broke this week !
Scott: Welcome to SWC. S.Sgt. Bales' service record (and life history) will be dissected. Perhaps, some of your questions will be answered.
Regards
Mike
Scott_i: It doesn't matter why. It murdered, mass murdered. There is no jamming with that no matter the age. It murdered people who could not defend themselves, over and over. Then when it was done, the thing ran back to mommy so it could be protected from the wrath of those close to its victims.
Barring any genuine "heard voices" mental illness or a brain tumor or something like that, the thing deserves nothing but contempt. It isn't a human any more.
The question in my mind is whether there were any warning signs in the picture that might/should have been noticed and acted upon before this happened. Not saying there had to have been, just wondering if there were.
"How could this happen" isn't really the question. Put 100k people under intense pressure for enough time, the laws of probability say sooner or later somebody snaps, no matter how well selected the group is. That makes it all the more important for people to keep watch for any indication that something's not right. Not meant to excuse or justify in any way, just saying that it's a possibility that has to be accepted and looked out for when people are placed in these positions.
I'm not going to buy too many deployments. These volunteers get to come home for periods before being redeployed. In the case of this soldier he reenlisted knowing full well he would be deployed throughout his enlistment. Thousands upon thousands have done it without murdering women and children. PTSD is BS as well. I have an uncle that wet the bed for a year after The Bulge but he moved on with his life. I understand the horrors of war but PTSD has lost its value because too many soldiers use it as a form of entitlement. It is an abused diagnosis no different than affirmative action, which doesn't work as originally planned. This guy's record shows he was a a warrior and a leader. Then he made a stupid mistake. I consider him a self-centered SOB that murdered and caused irreversible damage on too many levels. Just sayin'.
From Free Republic, Afghanistan massacre suspect named as Sgt Robert Bales.
I'm posting the entirety of the posts by the 31-year old CPT posting as Future Snake Eater. If he is who he says he is (a photo of Bales and him is posted by him !), he will undoubtedly end up as a character witness called by the defense. He is not a res gestae witness of the events in Astan. The value of character witnesses is subject to some argument. The Chicago Jury Study of long ago proved that character witnesses are more sentence determinative than outcome determinative; although, in any event, character witnesses are better than no defense witnesses. The posts below are not quite as dramatic as 1st Lt. Ollie North's character testimony for Herrod in his 1970 Son Thang GCM, which found Herrod not guilty of 16 charged murders. The members of that panel thought well of North, but did not feel that his testimony swayed them.
Quote:
All,
I served with Bales for three years as his Platoon Leader. He is an absolutely outstanding Soldier, and what has transpired here is so out of character, I don't even know where to start. Please keep his wife and two young kids in your thoughts and prayers. He needs help. Hopefully he'll get it.
1 posted on Friday, March 16, 2012 6:54:03 PM by Future Snake Eater
Quote:
To: darkwing104 [I sure hope the Army does everything to protect his family]
To my knowledge they are. Part of the delay in releasing his name was getting his family relocated to a secure area so as to protect them from possible repercussions from ROP types or even would-be liberal “do-gooders” (you know, teach us baby-killers a lesson, right?).
5 posted on Friday, March 16, 2012 7:03:05 PM by Future Snake Eater (Don't stop. Keep moving!)
Quote:
To: All
RE: Bales' three Iraq deployments--
They were all with the 3d Stryker Brigade Combat Team. That's the Army's first ever Stryker Brigade. He went with them on their first deployment to Mosul in Northern Iraq. That one BDE relieved the entire 101st Airborne Division. Not only that, but Strykers had never been used in combat, so they had to figure that all out on the fly as well.
I got to the company right as they came back from Iraq. I can tell you for certain, Bales stood out immediately as a go-to guy. He was an E-4 (Specialist) at the time but quickly got promoted to Sergeant and took over my 1st Squad, Alpha Team. He is VERY smart, very intense, and was just everything you could want in a Team Leader. He knew when to be relaxed, and he knew when to be hard. He could joke around with guys during down-time, then be 100% business on a mission.
He saved my Stryker during one particular engagement. We had been in Mosul for months (this was his second deployment, my first). When you're in an area for that long, you can easily let your guard down when you NEVER take contact. Bales, however, was always on his game. We were checking out an area in a fairly tight alleyway, and he pulled security directly to the rear of the vehicle from his hatch. I was talking to my commander over the radio when I heard Bales yell "RPG!" and then immediately open fire. By the time I had even dropped into my hatch, he had shot the RPG shooter, causing the RPG to fly high and miss my vehicle. They caught the guy later that day getting treated for a GSW in an Iraqi hospital.
That second deployment was hell. It was Jul 2006-Sept 2007, 15 months, during the height of the insanity in that country. We got bounced around all over the country after we left Mosul. Constant stress, always waiting to be blown up or ambushed--AQI, Iraqi Army, Iraqi Police, who knew? In our last three months, we were in a neighborhood called Dora. Just in the first week we had six Strykers destroyed and over 40 people wounded. Bales was rock-solid the entire time.
Bales was frequently the lead guy in the door whenever we conducted a raid (we did about 50 of them). He never complained, he wanted to be there for his guys. A tremendous NCO.
I honestly don't care what comes out of this, b/c I know who he is. I just hope that you all will keep this in mind when you see the inevitable character assassination on TV news.
10 posted on Friday, March 16, 2012 7:14:37 PM by Future Snake Eater (Don't stop. Keep moving!)
Quote:
My favorite pic of Bales. My Stryker vehicle commander had a feeling we were going to get hit with an IED on that particular patrol. Bales and I both bet him $0.50 we'd get through just fine. When we reached the next FOB without any issue, my VC tore a $1 bill in half and gave us each one. This was our celebratory photo.
http://sphotos.xx.fbcdn.net/hphotos-...30404769_n.jpg
23 posted on Friday, March 16, 2012 7:36:29 PM by Future Snake Eater (Don't stop. Keep moving!)
Quote:
To: killermedic
Too many clowns who’ve “deployed” but never even seen a combat patrol, let alone combat, think they can moralize via long distance. I’ve seen it before (in my Career Course class). The constant mental strain of waiting to get hit, knowing that it could come at any time, knowing that you’ll likely never even see direct enemy contact since they know better than to engage you like that...it takes a major toll after a few months.
I don’t like to play the “I was there, you weren’t” card, but it’s really something you just can’t know unless you experience it. He did it three times and was well under way for a fourth. We had guys killed and limbs blown off in our deployment. We had guys up and quit on the spot b/c they couldn’t take the stress. We saw the charred corpses of other Soldiers, dead kids, the looks of sheer hatred from the populace we were supposedly there to help.
He took every bit of it. Everyone has their breaking point.
41 posted on Friday, March 16, 2012 7:54:14 PM by Future Snake Eater (Don't stop. Keep moving!)
Quote:
To: LittleSpotBlog [Interesting...the NBC nightly news just showed photos of Bales, and he looks nothing like the Bales in this pic.]
I just looked it up on the NBC World News site. That’s definitely him.
47 posted on Friday, March 16, 2012 8:00:06 PM by Future Snake Eater (Don't stop. Keep moving!)
Quote:
To: PapaBear3625 [You think it’s a good idea to put a pic of him on a public forum? Unless his pic is already plastered throughout the media?]
It is. I purposely withheld any/all info I had about him until the press did their thing. Now, it’s up to us, his comrades-in-arms, to make sure the word gets out that this man is NOT a psychopath, that if he did indeed do this, then he needs help, NOT a prison cell or a death sentence.
60 posted on Friday, March 16, 2012 8:09:48 PM by Future Snake Eater (Don't stop. Keep moving!)
Quote:
To: jesseam [PTSD is a horrible thing. My last combat exposure was five years ago and I still drop whenever a sudden noise occurs; God help the Sargeant. OIF vet]
Thankfully it only took me a few months to shake the “jumps” though I was quite a piece of work during my R&R leave!
Stay safe, brother.
132 posted on Friday, March 16, 2012 10:12:24 PM by Future Snake Eater (Don't stop. Keep moving!)
There will be much, much more to this case - evidence favorable for the prosecution; evidence favorable for the defense.Quote:
To: Toespi
Yeah, that’s him.
137 posted on Friday, March 16, 2012 10:27:39 PM by Future Snake Eater (Don't stop. Keep moving!)
To: MinuteGal
Bales on the right, I’m on the left.
138 posted on Friday, March 16, 2012 10:29:43 PM by Future Snake Eater (Don't stop. Keep moving!)
Regards
Mike
Hey Mike,
Thanks for the excellent post. As always, very thorough !
I am more than certain he did a ton of good soldiering and we'll continue to find events suggesting he still is and just needs help.
Unless he produces a handgun under each and every child's pillow from that evening, I can't think of any reason to line them up and do head shots.
Even if he wasn't a father of two, the entire event is inexcusable and inexplicable. If I was one of his offspring, I'd be real worried about his return home :wry:
AP is running After days of secrecy, US suspect in Afghan killings ID'd, a father of 2 with arrest record and Neighbors say Afghan attack suspect was family man.
The arrest charges were (quotes from each story):
Quote:
But court records show Bales was arrested at a Tacoma, Wash., hotel in 2002 for investigation of assault on a woman he dated before he married his wife, his lawyer, John Henry Browne, confirmed. Bales pleaded not guilty, underwent 20 hours of anger management counseling and the case was dismissed, according to court records. A separate hit-and-run charge was dismissed in a nearby town's municipal court three years ago, according to records.
The neighbors had this to say (quotes from each story):Quote:
Bales completed 20 hours of anger-management counseling following a 2002 arrest at a Tacoma hotel for investigation of assault. Browne said the case involved a woman other than Bales' wife, whom he married in 2005.
Tacoma Municipal court administrator Yvonne Pettus provided a copy of the court docket, but said clerks could not immediately locate the case file, which is either in archives or destroyed. The docket shows that Bales pleaded not guilty, underwent the 20 hours of anger management treatment, and the case was dismissed.
Records also associated with Bales show that in 2009 he had a hit-and-run charge dismissed in municipal court in Sumner.
Quote:
...Neighbors described him Friday as good-natured and warm, and recalled seeing him playing outside the family's modern split-level with his children, ages 3 and 4.
...
Neighbors, though, recalled a man who was stoic about his time at war and didn't let on much.
"He always had a good attitude about being in the service," said Kassie Holland, who lives next door. "He was never really angry about about it. When I heard him talk, he said ... `yeah, that's my job. That's what I do.' He never expressed a lot of emotion toward it."
Holland called Bales kind-hearted around the neighborhood. "I can't believe it was him," she said. "There were no signs. It's really sad. I don't want to believe that he did it."
Prior to Astan deployment, Bales was at the NTC:Quote:
Neighbors of a Washington state man accused of gunning down 16 Afghan women and children in a nighttime rampage describe him as a family man who was "just one of the guys."
...
"I just can't believe Bob's the guy who did this," said Paul Wohlberg, a next-door neighbor who said his family was friendly with the Bales family. "A good guy got put in the wrong place at the wrong time. ... I never thought something like this would happen to him."
Wohlberg described Bales as a "good guy _ just one of the guys."
...
Kassie Holland, who lives next door, said she would often see Bales playing with his two kids and the family together at the modern split-level home.
"My reaction is that I'm shocked," Holland said. "I can't believe it was him. There were no signs. It's really sad. I don't want to believe that he did it.
"He always had a good attitude about being in the service. He was never really angry about it," she said. "When I heard him talk, he said, it seemed like, `Yeah, that's my job. That's what I do.' He never expressed a lot of emotion toward it."
...
"I kind of sympathize for him, being gone, being sent over there four times," said Beau Britt, who lives across the street. "I can understand he's probably quite wracked mentally, so I just hope that things are justified in court. I hope it goes OK."
...
Alissa Cinkovich, 45, has lived in the neighborhood for seven years, and said it was scary that Bales had been living nearby.
"I would like to think he just went off his rocker because of the war," Cinkovich said.
http://bloximages.chicago2.vip.townn...90ae.image.jpgQuote:
Spc. Ryan Hallock
In this Aug. 23, 2011 Defense Video & Imagery Distribution System photo, Army Staff Sgt. Robert Bales, right, participates in an exercise at the National Training Center at Fort Irwin, Calif. Five days after an attack on Afghan villagers killed 16 civilians, a senior U.S. official identified the shooter in that attack as Bales. The man at left is unidentified. (AP Photo/DVIDS, Spc. Ryan Hallock)
I don't know which way this might cut.
Regards
Mike
I expect the prosecution will first set up the three scenes with lots of demonstrative evidence. I'd expect that will be mostly a US show, unless some Afghanis were involved in the forensics and ballistics. I'd expect the video and sensor evidence to come in at this point. All of that should be fairly cold and methodical stuff.
Depending how trial counsel sequences it, photos of each deceased and forensics (autopsies, if any) on each one will come in. The prosecution should show absence of weapons, and absence of casings not associated with Bales' weapon; a prevention for some "I was shot at" defense. Some media articles have said that bodies were moved from the scenes. So, some gray areas may exist. However, we do not know this.
At some point, Afghanis will have to testify as to the photos of the dead bodies; and also as a PID on the shooter (or shooters, as some Afghanis still seem to be claiming). That testimony will probably be videolinked. There might be some problem in showing what the shooter did with each deceased if the bodies were moved. Then, Afghani witnesses would have to relate that story - which is fine, so long as they are not inconsistent and hyperbolic.
This area will be hot. E.g., how does defense counsel handle pictures of dead kids ripped apart with modern munitions, with brains and guts hanging out. The usual method (if defense counsel cannot keep them out) is to keep going over them gruesome detail by gruesome detail until the members of the court are desensitized to them.
Personally, I've never much liked the insanity defense - it frees violent people. So, as I've said here at SWC, "guilty but mentally ill" should be allowed as an alternative jury finding. But, that requires statutory change as we've done in Michigan. That linked post is in a PTSD discussion thread, Post-combat stress as a defense. BLUF: PTSD is not a defense, but it can be a mitigating factor.
There we even have Boondoggle and Polarbear1605 - including myself, a real group of Neanderthal knuckle-draggers. BTW: As I notice now, the Great White Bear had a chance to deny his foundling story (from the Arctic to Quantico), but didn't. :)
If you take a gander at your Manual for Courts-Martial, you'll see that "deminished capacity" reduces premeditated murder to unpremeditated murder, but no lower. That's OK with me if that where the facts lead me.
Of course, the death penalty requires premeditated murder with full capacity - so "snapping" is a problem for trial counsel.
We've still a long way to travel here.
Regards
Mike
Random thoughts on this.
The future snake eater posts remind me of a closing argument a prosecutor used in a murder case I read about in the paper. There was no doubt about the defendant's guilt, but the complicating factor was he had escaped before being sent to the penitentiary. He was on the run for many years and during that time had led an exemplary, even admirable life. The defense case (as best as I can remember) was what you would have expected, "This is a fine man, already reformed and no threat to society, what good would it do to send him to jail?". The prosecution responded with "How many free murders do you get in your life?". The jury convicted. Future snake eater apparently thinks 16 is a good number.
Those posts also reminded me of the segment in Lonesome Dove when Gus and Call hung Jake Spoon for murder even though he was an old loyal comrade. Murder was murder. But fiction is fiction not real life.
Every little move and development in this case will be watched closely in Afghanistan. Most importantly they will be watched by the type of people in the ANSF who have been murdering ISAF people. I have no doubt that this case and the various developments will help motivate some of them to murder some of our guys. I wonder if the future snake eater and the thing he is defending will stop and think about that when those killings occur. No... they won't.
One of things I think I noticed over the years when killings similar to this happen is that the defendants are convicted but when the sentences are handed down they seem to be light. Form is complied with but substance is gotten around.
If this thing isn't convicted or only serves a short sentence, I wonder if it will have to be guarded by the police, sort of a perverse variation of the witness protection program, so it won't be in danger of being killed for revenge.
Anger management classes exist so weak willed judges can pretend to have sentenced when they don't have the moxie to look a violent person in the eye and tell them they are going to jail.
I knew people would rush to the defense of the thing. It has happened often before but it still throws a cloud over my soul. It really does. And ultimately, the legal defense and popular justification will rest on the carefully unstated but always implied argument that "After all, they were only Afghans."
So future snake eater plays the "I was there, you weren't card." to justify mass murder. What can you say? The clouds are going to get very thick.
Mike: Editorially, good use of the (don't stop, keep moving) device. I would have stopped but didn't.
Carl, I agree with your thoughts on future snake eater. Reading his posts churn my stomach.
Frankly, as an Army Officer with (apparently) personal knowledge he should shut his mouth and await his chance to testify. (although he might be out for all I know).
"(Don't stop. Keep moving!)" shows up after the young captain's "signature" after his first post (in #5 and all following):
I've no idea who put it there, what it's meant to convey, or its source. I wondered about that myself.Quote:
1 posted on Friday, March 16, 2012 6:54:03 PM by Future Snake Eater
5 posted on Friday, March 16, 2012 7:03:05 PM by Future Snake Eater (Don't stop. Keep moving!)
His "UserCP" doesn't explain it.
Regards
Mike
Mike,
We used to use a similar sign off within armor and recovery in the late 70s (when you have a massive V12 with twin carbs, magnetos and turbos).
SBCTs (Stryker Brigade Combat Team)s often refer to their speed and agility the same way (rapid response, rapidly moving, etc.).
I hope that future snake eater does not mean he is referring to the game Metal Gear Solid. The snake eater is known for having killed a lot of people. Seems someone is really into games. Hope there's a way of discerning between fact and fiction with those geeks :rolleyes:
I asked in another thread... "I mean does a sane person commit rape and murder? The death penalty should be obligatory in such cases."
The legal view and the medical view is yes.
It's just plain wrong IMHO.
To go out and shoot 16 people (including women and children) you have to be crazy.
...but then they say you can't sentence crazy people to death?
Another 'own goal'!
He was a good guy, went crazy, did crazy stuff ... now top him... and be quick about it!
JMA (Untitled, #89):
JMM ("...does a sane person commit rape and murder?", #90):Quote:
I mean does a sane person commit rape and murder? The death penalty should be obligatory in such cases.
JMA (Untitled, #92)Quote:
Yes.
RegardsQuote:
Don't agree
Mike
I wonder how Americans would respond if the circumstances in this incident were replicated in the USA?
An Afghan service man, a a trusted veteran on a training course, walks out of a military base, commits murders and then walks back inside the base to surrender. Incidentally I'm sure the laws in place would mean court proceedings in the USA. Now imagine if the Afghan-USA visiting forces agreement means the suspect is flown back to Kabul for any prosecution.
Someone here may know of incidents involving off-base serious criminality by US personnel who appeared before a local court. My memory only has the low-flying training flight in the Italian Alps where cable way wires were cut and a gondola fell, killing those aboard. The US pilots did not face Italian justice.
The only one I can think of is the 1995 gang rape of a Japanese girl on Okinawa by four Marines.
In this case, widespread Japanese outrage apparently led to the Marines being handed over to Japanese courts for justice.
Quote:
After the incident became known, public outrage erupted, especially over the U.S.-Japan Status of Forces Agreement, which gives the U.S. the right of extraterritoriality (exemption from jurisdiction of local law). While the crime was committed off of a U.S. military base, the U.S. initially took the men into custody, but later handed them over to Japanese law enforcement to be tried.
According to the Status of Forces Agreement, article xvii (5) (c): "The custody of an accused member of the United States armed forces or the civilian component over whom Japan is to exercise jurisdiction shall, if he is in the hands of the United States, remain with the United States until he is charged." The suspects were on base restriction until the Japanese officials charged them with the crime. The outrage over the attack caused the largest anti-American demonstrations in Okinawa since the treaty was signed in 1960; there was particular acrimony with regard to the African-American ethnicity of the assailants. As a consequence of the protests regarding jurisprudence, the U.S. made concessions and agreed to consider handing suspects over to the Japanese before an indictment if the severity of the alleged crime indicated it. This agreement was hashed out at an emergency meeting between U.S. President Bill Clinton and Japanese Prime Minister Ryutaro Hashimoto. The people of Okinawa also placed a full-page ad in the New York Times decrying the rape and other aspects of the U.S. bases in Okinawa. In 1996, the United States and Japan signed a bilateral agreement to reduce the amount of land on Okinawa covered by U.S. bases by 21 percent—the U.S. military had previously occupied 19 percent of the island.
Gill pleaded guilty to the rape, and the other two men pleaded guilty to conspiracy.
Prosecutors had asked for the maximum sentences for the men, 10 years each. The judge—there were no juries in Japan at this point—gave Gill and Harp seven years; Ledet received six and a half years. Their families also paid "reparation money" to the family of the victim, a common practice in Japan.
The three men served prison terms in Japanese prisons and were released in 2003 and then given dishonorable discharges from the military. After release, Rodrico Harp decried prison conditions in Japan and said that the electronics assembly prison labor he was forced to do amounted to slave labor.[2]
LINK and POST:
http://media.cleveland.com/world_imp...846b_large.jpg
"Fighting donkey" (HT to OP)
Regards
Mike
With 330M different response... :wry:
Ranging from shooting the miscreant outright to giving him money and a medal and a ticket home... :rolleyes:
In most nations where US Troops are stationed, there is a Status of Forces Agreement (SOFA) which delineates in excruciating detail who will try or get custody of whom for what. Tequila mentioned one where the accused was turned over to local jurisdiction, there have been others in Japan (and Okinawa) and in Korea. There have been more in all those Nations where the US retained custody for one reason or another. Much depends on how the accusation is couched and the potential penalty foreseen by the local US Judge Advocate.
Much also depends on the whims of the US Congress -- if they get fired up and go into the "protect US citizens..." mode, they can influence both the US Armed Forces and Foreign governments. Some times they do that, sometimes they do not.
In those nations where troops are serving but no SOFA exists, the US retains jurisdiction. Thus it did in Iraq for almost all our time there and IIRC, one of the sticking points in our continued presence there was a failure to arrive at a compromise for the SOFA. There is no SOFA with Afghanistan to my knowledge -- nor, I suspect is there likely to be one...
The ICJ of course, is based on the premise that signatory nations have the responsibility and right to conduct their own investigations and / or trials...
Most Nations do pretty much the same thing. IIRC, the accusations of Forces mistreatment of Iraqis in Basra resulted in trials in the UK as it appears will this one (LINK). I seem to recall a Spaniard and some Danes who also went home for trials...
Power rules, rightly or wrongly...
Added: Oops. Omitted two links:
LINK.
LINK.
Looking at the comments in this case from an ex-Platoon Commander about his ex-Platoon Sergeant of some years I understand where he is coming from.
I had the same platoon sergeant on constant operations for more than two years. One only understands the bond that develops (where this relationship is successful) when one looks back over the years (in my case 35 odd years).
He was a good man, in fact an outstanding balanced soldier and I believe we got the platoon commander/platoon sergeant relationship just about right. We still speak on a regular basis.
All that said if some years after we operated together it turned out (hypothetically) that he had snapped and done something terrible I would have stood right by him in his time of need (even though I knew he was heading for the highjump.)
If I were still serving I would have to be more circumspect in what I (as a serving officer) said publicly but if out of the service I would not be so constrained.
My heart would bleed for him... and if he needed it I would give him the shirt off my back.
I am neither Afghan nor American so I don't really have the right to comment on this thread. However, I'll pass a few words across.
This doesn't play well with the World's 1.3 billion Muslims - especially those who have similar social and economic standing as the Afghan people.
On the one hand, many Americans attempt to humanise an individual who is responsible for the deaths of 16 civilians (children included). While on the other, they believe that the US has the right to act as judge, jury and executioner in dispensing swift justice (via drones) to "terrorist suspects".
This individual will have the benefit of a long drawn out process in the US legal system. Many Afghans killed by US forces did not.
At times like this, the US has too really take a close look at itself and ask itself some pretty hard questions. The USG has killed infinitely more people this decade than say, the Chinese government. And no matter the justification for the killings, those numbers don't look good.
To what end is this endless cycle of killing, photo-ops and huge expenditure on aid? Has it improved US standing in the World? No. Has it improved your strategic position? No. What has it done to the reputation of the US Military (outside of America)? It has diminished it.
The US really needs to learn how to do more with less.
Hey Steve,
I was being just a smiggin sarcastic having been in and around SOF since 79.
Considering his support for people that perform head shots on (unarmed) children, I would not even consider him an aspiring candidate in administration doing travel vouchers !
Is this actually true? If it is then I don't know what else the West can do in Afghanistan.
Public diplomacy isn't a job for the Military (or for 19 year privates).
http://www.military.com/news/article...2887570&rank=1Quote:
In the wake of the recent setbacks in Afghanistan, American commanders are working overtime trying to instill sensitivity among U.S. troops toward their Afghan counterparts and their Islamic culture.
But many American servicemembers already wear their feelings on their sleeves -- sometimes literally -- choosing a powerful term to represent the way they believe they’re perceived by the Muslim world: “Infidel.”
There are infidel hats, infidel T-shirts and infidel uniform patches -- an entire genre of morale wear that emerged from the ashes of the Sept. 11 terrorist attacks.
Now that a decade has passed, the movement is booming. Type “Infidel Strong” into Google and page after page of military gear sites pop up, peddling what has become an ersatz symbol of patriotism.
It started as a humorous tactic for poking fun at intolerant Islamists ignorant of American ideals.
Clayton Montgomery, owner of a well-known online vendor called Mil-Spec Monkey and designer of some infidel patches, said his most popular item has been his “Pork-Eating Crusader” patch, which includes a translation into Arabic.
“Everybody sort of hates occupying forces anyway, so it’s kind of embracing that,” he told Military.com “If you are going to hate us anyway, we might as well pretend to be the great white devil.”
Continued Montgomery: “Originally, when we made the patch, we thought it would be this small thing, the equivalent of an ‘I’m with stupid’ T-shirt. We didn’t think we would sell many, but the demand was there,” Montgomery said, describing how his company has sold about 10,000 of the patches.
I think I have an advantage over most Americans, I grew up in a religiously divided country (Nigeria).
A bit late for sensitivity training :wry:
The American phenomenon with patches and Zippo lighters cannot be explained. I still wear my POW/MIA and 99% patches on my leather jacket. Oddly enough, few today have even the slightest clue what those two patches are all about.
This about sums up what most young Americans know about the things they buy and proudly (ignorantly) display :D
KingJaja:
BLUF: Yes, it's true within the limits of my experience (focused on our "twenty-somethings" young men whom I've sent to Iraq and Astan and who have come back).
As you know I come from Middle America; in fact, from something of an isolate in Middle America itself. Locally, we have something of a military tradition, with our people having enlisted in all service branches for the last 150 years. The most visible local military unit is our National Guard Engineer-Combat Battalion; and, for my home town and environs, its Sapper Company. I've written about that in a number of posts.
The young man quoted below is from here and the Sapper Company. His dad is a Vietnam vet - U.S. Navy, in country, Danang; his older brother is a Marine with multiple tours, and another is also National Guard. The family lives nearby me (the father has been a friend for 35 years).
"Bodi" sustained multiple IED concussions in Astan. This take is from an NPR interview (made because of the documentary, Where Soldiers Come From):
All of this is one of the factors that has caused my Worldview - which you all know.Quote:
SIMON: Bodi, let me turn to you for your part of the story. As we see in the film, you wind up doing some of the most dangerous work there for U.S. servicemen and women in Afghanistan, and that's you become drivers and gunners who were looking for roadside bombs. You ran into some IEDs...
BEAUDOIN: Yeah.
SIMON: ...and tell us what that's like.
BEAUDOIN: Well, getting blown up is you get so filled with adrenaline that, you know, at first you really don't you don't feel anything, you just get a that, oh, here we go mode, you know, that lifesaving mode. So it's like anticipating getting punched in the face the whole time driving out there. And I mean that's our job. All of us knew on every mission that at any time, any of us had the possibility of getting blown up. So I think we did pretty well. I mean we found, the majority of the IEDs we found. I think we only got blown up like I think it was under 10 times and we found like 60 or 70 IEDs.
You know, for me what hurt me the most are RPGs, which is a rocket propelled grenade, more than the IEDs that hurt. Those are more scary.
...Quote:
(SOUNDBITE OF MOVIE, WHERE SOLDIERS COME FROM)
UNIDENTIFIED SOLIDER #1: Holy (bleep)
UNIDENTIFIED SOLDIER #2: What?
UNIDENTIFIED SOLDIER #1: Whoa. RPGs. Look out. Look out.
SIMON: Bodi, at one point in the film you say, you're serving in Afghanistan taught you to hate people - and you list them.
SIMON: You list quite a few groups. And I wonder what is it like to see yourself saying that now.Quote:
(SOUNDBITE OF LAUGHTER)
BEAUDOIN: At the time I was blown up I think around seven or eight times and I wasn't able to go out anymore with the guys, which really, really upset me. I always thought this was, you know, I don't want them to go out with[out] me. I worry, I would just worry about them. So I was so mad at the time.
I obviously don't feel that way anymore. I look back at that and I can understand why I said that. You know, I was so jaded because of how many times that I was, that I got blown up.Quote:
(SOUNDBITE OF MOVIE, WHERE SOLDIERS COME FROM)
BEAUDOIN: I've learned to hate the people of Afghanistan and the country of Afghanistan. That's true. I hate everybody here. I hate everything about it. I hate the way they smell, the way they look, the way they talk, the way they dress, the way they think. I don't like them. I'm a racist American now because of this war and that is a true statement.
SIMON: Well, help us understand that, because it's the determination of the army doctors that you were in so many explosions there's some effect.
BEAUDOIN: Yeah. That is...
BEAUDOIN: ...kind of on me also. I never wanted to not stop going out even though I got blown up so many times, so I would kind of bend the truth. Tell them that, you know, I feel fine, I feel fine, let me keep going out. And they have what's called a TBI test which is traumatic brain injury test - and I kind of cheated and memorized it. And there's is saying that they ask you a few words and you have to repeat them. And the few words are elbow, apple, carpet, saddle, bubble. And I will always remember that saying. And I could have sat out way earlier on the explosions, but I didn't want to because I wanted to go out with my boys. I'd rather get me blown up than my buddies.Quote:
(SOUNDBITE OF LAUGHTER)
Regards
Mike
ganulv: Read and attempt to comprehend what is written; rather than Shoot, Ready, Aim.
Regards
Mike
Here is my dad's Zippo:
Attachment 1583
Sent in twice by him for new internals (the last time in 1974).
So, we remember the artifacts of wars; but more so, we must remember the wars themselves and the men who fought them.
Zippo was able to guarantee repair of the Zippo's internals. The men who return from wars do not have that nicety; and, have to make their own repairs over perhaps decades - at least, two decades for my dad.
In the meantime, they do not have to be basket cases - a condition reserved for some of their far less fortunate brothers. They can have very successful professional and personal lives (without harming anyone, including their families - as with my dad). The internal demons are well concealed to all but those living with them. Those demons can break loose (for no apparent, rational reason), resulting in attempted suicide or attempted murder - and going from attempt to actual is just a trigger squeeze away.
This isn't theoretical to me. It's simply a personal, experienced set of facts. That being said, you all are entitled to whatever opinions you want to express.
Just saying
Mike