Frank Gilliland wrote:
Got lots of work today so I'll only make a few comments:
On Wed, 26 Oct 2005 23:17:50 -0400, wrote in
:
Markie...He WAS tried and found guilty!
Twice! Indicted, tried and CONVICTED!
your source?
Me, but Dudly didn't have all the facts. I pled guilty at the first
court-martial and so was never tried.
Yes, Frankie...TRIED. You had the benefit of representation,
stood before the court, and had your opportunity to say your piece.
snip
Mind you that the Marines would much rather send a "junior
trooper" to Office Hours, whichn in the Marine Corps are Article 15
proceedings. In other words, letting the commander of the unit handle
the incident at the lowest echelon.
Something I would only advise a soldier to try if they are guilty of
something but likely he reufsed Art 15 as I did many times
And that's exactly what I did for the second infraction.
Ahhhhh...Let's MINIMALIZE it and call it an "infraction".
You are not charged with "infractions" at a court martial. It's an
"offense".
I forced a
summary court-martial so the facts regarding the case would be a
matter of record.
It would have been a matter of record in an Artcle 15 proceeding,
too.
Dumb, Frankie...really, REALLY dumb.
snip
He WAS found guilty.
not according to him
not after apeal was it but that does not count with you
For once Dudly is right.
No "for once", Frankie. I've had you nailed for weeks now. Sorry
it's made things a bit uncomfortable for you.
There were no appeals and both convictions
stand. The vindication of my second infraction....(SNIP)
"Vindication" only in that you allow yourself that "warm fuzzy"
for it. It has no legal bearing.
And it was your second OFFENSE..."infractions" are dealt with at
Article 15. You, by your own admission, blew that off.
(UNSNIP)...was the result of a
seperate entry made as the result of a review that I requested after
my discharge. The violation leading to the conviction was found to
have "mitigating circumstances that should have been considered [by
the presiding officer] but were not," and that I "was denied evidence,
and the opportunity to gather and present certain evidence" relevant
to my defense. The conviction was not overturned (since it was not an
appeal) but my conduct marks were adjusted accordingly, and my
discharge upgraded to Honorable.
See..that's where we part ways, Frankie...My service never had to
be UPGRADED to Honorable...It was that way all along.
snip
USMC attitudes on this are that if you let those four guys carry
that fifth guy off the battlefield, there will be five guys to worry
about later. Better to kill them all now than to have to face them a
second time.