From a Marine buddy ......
This is a big deal ... a defeat for the Obama administration!
A great verdict and absolutely NO surprise there... ! A few comments:
I found in all my courts-martial trials ( both coasts and middle USA) that the members are intelligent, educated and want to do the right thing. The members will listen closely and see facts and evidence for what it really means. This proved true whether the client was charged with a few charges or 154 charges as one of my Marines was. Military trials are great to be involved with as defense counsel for numerous reasons. There were almost no convictions.
Despite the overwhelming advantage that the government starts with including either a 3/4 or 2/3 requirement of the members voting FOR conviction (depending on General vs. Special court) and the fact that the Commanding Officer gets to initially choose the jury members, the charges, the timing and the pressure he wants to exert on a matter, it was always a fair trial and in most cases turned out to have a very good result. The system allows for many avenues to address issues and get what you need.
I, as the Chief Defense Counsel at the base and in charge of defense of all the cases, had to subpoena the Commandant of the Marine Corps for pretrial motion issues in the case involving my personal client with 154 charges and his codefendants each charged respectfully with 132, 114 and 14 charges. Only one had to serve time (3 months) and that was because one assistant attorney did not follow advice..!!!
SO - - in military courts-martial trials, if you have a client with a great record and an aggressive Defense counsel, especially with BS charges put forth by the command or prosecutor (trial counsel they are called) and/or there is a case with questionable witnesses, that client stands an excellent chance/percentage of being found "not guilty". The civilian world should be so fortunate even though civilian courts demand a unanimous verdict to convict.
These Seals obviously did the right thing and took the courageous road by demanding a court rather than allow some crap to be placed in their records through non-judicial and / or administrative actions. It forced the Navy to put up or shut up with the allegations. One wonders why there was not a better investigation and than an officer with the rank and the gonads to simply state there was "insufficient evidence to pursue any non-judicial and / or administrative actions."
Someone was not aggressive enough early enough to diffuse the issue and face the media head on.
NO SURPRISES THERE.
Terry Funk Marine JAG officer
As far as I'm concerned we should fight this war w/both hands. This shows our Military thinks the same way I do. It's better than getting your head hacked off w/a dull denutting knife as these terrorists have done in the past. Whats a few slaps up side the head to get your attention.
Ray
BREAKING: Navy SEAL McCabe Found Not Guilty
by Michelle Oddis
05/06/2010
humanevents.com
NORFOLK, Va. – Navy SEAL Officer 2nd Class Matthew McCabe was found not guilty Thursday evening on charges of assaulting detained terrorist Ahmed Hashim Abed, dereliction of duty, and impeding an investigation based on a false statement.
A seven member military jury deliberated for an hour and forty minutes before reaching a verdict. For McCabe to be found not guilty, two-thirds of the jury had to agree on each charge.
Upon hearing the verdict, McCabe's mother gasped in jubilation, covering her mouth her hands, while his father and sister smiled. McCabe and his counel shared a few hugs and pats on the back.
Last month in courts martial in Baghdad, Petty Officers Julio Huertas and Jonathan Keefe, also Navy SEALs, were acquitted of charges that they failed to safeguard Abed. McCabe was the only SEAL charged with actual assault.
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