Nine children among 16 dead after US serviceman attacks villagers

[jmm99]

Carl:

... the people who believe a good person can just "snap" and suddenly do horrific things. People don't just snap. There is normally some kind of unsavory history.

I wish it always worked that way. It doesn't. Extremely good people, with NO "unsavory history", before and after the "snap", can "snap" and be dangerous to themselves and to others. That's not going to be enlarged here, either publicly or via PM, but it is true.

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The fraud and misdemeanor evidence:

Firstly has to meet basic standards of admissibility (certified documents in prior proceedings; e.g., the arbitration award; or, less likely, by witnesses with personal knowledge - see, fourth point).

Secondly, fraud and misdemeanor evidence cannot come in directly to prove Bales committed 17 murders - the pre-event civil and criminal charges are not similar enough to what is charged.

Thirdly, the fraud evidence and (less likely) the misdemeanor evidence could be admitted if Bales' credibility comes into issue - e.g., by testifying, or possibly to impreach what he says to a psychiatrist who then testifies.

Fourthly, credibility and impeachment thereof are collateral issues to the primary issue of guilt on the charges and specifications. Therefore, the military judge will have considerable discretion in admitting or rejecting evidence on these collateral points.

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Charge Sheet

From the National (about 45 minutes ago), Charges in Afghan Shooting Will Be Start of Long Legal Journey:

By Yochi J. Dreazen
Updated: March 22, 2012 | 8:06 p.m.
March 22, 2012 | 7:31 p.m.

The Army’s decision to formally charge Staff Sgt. Robert Bales with 17 counts of homicide for his alleged role in a mass shooting in southern Afghanistan will mark the start of a long legal process that is virtually certain to continue long after U.S. troops have withdrawn from the country.

Army prosecutors will charge Bales with the 17 counts of homicide on Friday, according to a U.S. official. The full charge sheet is virtually certain to also include an array of other charges, including attempted murder, assault, and dereliction of duty. Bales is the sole suspect in the crime; if convicted, he could face the death penalty.

The charges begin what is likely to be a long and complex trial. Military officials believe they have a strong case, pointing to surveillance videotape which they say shows Bales leaving the base shortly before the shootings and returning not long afterwards. Senior military officials say Bales turned himself in after returning to the base and surrendered his weapon. They believe, in the words of one military official, that he simply “snapped.” ... (much more in article)

Nothing to say about that until the Charge Sheet is filed.

A good comment by Neal Puckett (e.g., Haditha Marines) on his own webpage, Public Opinion on SSG Bales Alleged Offense Featured:

Military.com is reporting that many are willing to cut SSG Bales some slack for the alleged shooting of Afghani citizens based on the idea that a good Soldier simply snapped. What is wrong with this statement is the fact that military justice is based on criminal wrong doing of individual actions that destroy good order and discipline of a military team.

Individual military members are liable for their actions at all times under the Uniform Code of Military Justice. The individual in the military is subject to extensive training with a unit, is under the command of senior non-commissioned and commissioned officers, and while in country, has had rules of engagement drilled into their daily operations.

No one individual in the military stands alone. SSG Bales entire unit was there that evening to support him and in effect, failed in their duties as unit members to observe the moment in which he may have “snapped.” While diagnosed psychological pressures and command environment are factors military defense attorneys use to explain why a military member snaps, it is not necessarily a reason to not face the fact that the evidence may point directly to SSG Bales as the shooter.

Military justice will provide the evidence in a military court-martial and the military members will determine the guilt and subsequent sentence based on those facts. The next step in the process is beginning the military justice process with a charge sheet and the appointment of an Article 32 investigating officer to determine whether sufficient evidence exists to warrant a trial by court-martial.

Just saying

Regards

Mike