Nine children among 16 dead after US serviceman attacks villagers

[Stan]

Hey Stan,
(I always wanted to say that without being accused of talking to myself )

Stan, this is what we call the "CSI effect" in the civilian criminal law world.

Jurors often have extremely high and unrealistic expections for forensic science after watching the CSI series. Usually a good prosecutor can keep the jury's eye on the ball and cut through the muck, but its never a guarantee.

Normally one would think a military panel would be somewhat more immune to this effect, mainly due to its higher education composition.

If we even had half of the widgets they do on CSI (sigh).
We've managed to become part of the judicial process here when it comes to forensics and post blast. It has been a real PITA having arguments with lawyers and defense in a subject area we are considered to be subject matter experts. We are still trying to put away our version of a uni bomber seven years later, once and for all.

What could possibly be gained from going to the scene weeks later ? His defense lawyer is said to be going to Afghanistan soon (not that that's the healthiest idea). The dead are buried and the shell casings long gone at the black market for scrap metal.

Regards, Stan

[carl]

What could possibly be gained from going to the scene weeks later ? His defense lawyer is said to be going to Afghanistan soon (not that that's the healthiest idea). The dead are buried and the shell casings long gone at the black market for scrap metal.

Regards, Stan

He won't find anything which may be the point. I am guessing, but would that be to the advantage of the defense if defense council argued that when he went to the scene despite strenuous efforts yadda yadda yadda there was nothing to be found, therefore how much credence can you give to the prosecutions evidence. Also could he use dangerous conditions to advantage in order to suggest that conditions are intolerable and would stress the most reasonable person beyond endurance?

Cue U.P. Mike, stage right.

[jmm99]

No, no comments today.

Have to confess to drinking - a bit of this:



However, if someone can point me to an online copy of the original NASD arbitration award, I'd be thankful to him or her. Despite looking for that document on and off yesterday and today, I couldn't find it.

Regards

Mike

[carl]

Mike:

This link leads to a PDF called a broker check report. Click on the blue letters that say Get Detailed Report.

http://brokercheck.finra.org/Individ...ndvlIACtgry=-1

[carl]

Bloomberg seems to covering this story well.

http://www.bloomberg.com/news/2012-0...r-says-2-.html

In the above linked story the defense attorney mentions lack of eyewitnesses, lack of forensic evidence, putting the war on trail and brain injury. I will wait for Mike's opinion as to how that may or may not show what the defense line will be.

[davidbfpo]

I am intrigued at the accused's defence lawyer's declared intention to travel to Afghanistan, presumably to examine the scene and interview witnesses.

Who is going to protect him in Afghanistan, notably in the village?

Can't imagine any insurance company will relish providing high risk cover.

[Ken White]

Who is going to protect him in Afghanistan, notably in the village?

The same Army that, after returning to the US, he will lambaste in Court and in the media...

[jmm99]

00-02283

Extract: Award NASD Dispute Resolution In the Matter of the Arbitration Between: Gary K. Liebschner, (Claimant) vs. Michael Patterson, Inc., Michael Patterson, Dain Rauscher Incorporated, Robert Bales, Quantum Capital Corporation, Thomas Dooley HI, Ernest Dahlen IH, and Adolphus Dubose Jr., (Respondents) Case Number: 00-02283 Hearing Site: Columbus, Ohio
REPRESENTATION OF PARTIES Claimant, Gary K. Liebschner, hereinafter referred to as "Claimant": Earle R. Frost
Size: 296286 bytes
Date of award: 04/16/2003

The 10-page Award will become evidence as soon as Bales' credibility is put at issue - e.g., if he takes the stand. Two findings seriously injure that credibility:

1. The Panel finds that Respondents Bales, MPI, and Patterson engaged in fraud, breach of fiduciary duty, churning, unauthorized trading, and unsuitable investments. [$637,000.00 as compensatory damages]
...
3. Bales, MPI, and Patterson are jointly and severally liable for and shall pay to Claimant the sum of $637,000.00 as punitive damages. Ohio law permits punitive damages to be awarded in tort and fraud claims when the conduct is willful or malicious. The Panel finds Bales' and Patterson's conduct in this matter to be fraudulent and malicious.

That doesn't mean that facts concerning the Gary K. Liebschner claim, but not stated in the award, will be admitted.

So, now, we have two items of character evidence: CPT Chris Alexander, who (unless something adverse surfaces on him) seems to truthfully present what he knew of Bales; and the Arbitration Award, presenting a different picture, and which is binding on Bales as a judgment.

As to Atty. Browne, I found this interesting (from Wiki) (supporting footnotes in Wiki):

Browne gained nationwide attention as lead plaintiff in a lawsuit filed in 2007 by famous class action lawyer Steve Berman against Avvo, a law-related review site.[7] He was reportedly upset that the site had rated him "average" via a rating system that evaluates vertical disciplinary stature. [8][9] That suit was dismissed on pre-trial motion, on grounds that the ratings were expressions of opinion protected by the First Amendment to the United States Constitution.[10]

I conclude that Atty. Browne is a sensitive man, who will pull the libel trigger if he feels offended; but that's definitely just an opinion. I'm sure his travel and personal security will be negotiated with the DoD - that sort of thing was handled during the Vietnam War in multiple cases.

As to the "defenses" of trying the War and trying the Army, can you all see them flying with members of a court-martial ?

As to forensics, Afghani witnesses, etc., I covered that in this post - still a long way to travel, and my reasoning is unchanged.

Regards

Mike

------------------------
Carl:

Moving away from all this misery, Marcelaine Wininger Lewis (she says she's a "sky chick", which is true ; but she also is smart, a good writer and teacher - and tougher than nails when she needs to be) wrote Why is CMX where it is ?. You know that destination. The article (from Vintage Airplane) tells of Caesar Lucchesi and his son Leo Lucchesi, founders of Copper Country aviation, and grandfather and uncle of "Geno" (of Blue Goose and Northwest Airlines "fame" - actually a hell of a guy and my friend; as was Leo, with whom I shared many Blue Goose trips).

[stanleywinthrop]

I am intrigued at the accused's defence lawyer's declared intention to travel to Afghanistan, presumably to examine the scene and interview witnesses.

Who is going to protect him in Afghanistan, notably in the village?

Can't imagine any insurance company will relish providing high risk cover.

Steven Green's lawyers asked to go to Iraq but the federal court denied their request amongst other things citing safety.

http://www.kywd.uscourts.gov/3-06-00...inDocument.pdf