Court Martial Lawyer - Military Defense Attorney

Soldier to face court martial over brawl near Yongsan Army Base Korea

Soldier to face court martial over brawl near Yongsan Army Base Korea

By Ashley Rowland, Stars and Stripes
Pacific edition, Monday, September 7, 2009
SEOUL — Despite an investigating officer’s recommendation that assault charges should be dropped, a Yongsan soldier is to be court-martialed this fall for his alleged role in a February street brawl marked by a stabbing and participants shouting gang slogans.

Sgt. Markease Joyner, of the 501st Military Intelligence Brigade, is charged with two specifications of assault and one specification of making false official statements in the Feb. 1 melee outside the King Club in Itaewon.

Charging documents allege that Joyner hit two soldiers — Spc. Michael Charles and Pvt. Matthew Bonham — with a bottle and his fist and also kicked Bonham, then lied to investigators about his role.

"I found most witnesses to be unreliable and I believe they will continue to be so if the command moves forward with a General Court-Martial," investigating officer Maj. Matthew Reiter wrote in a report after the July 9 Article 32 hearing, similar to a pretrial hearing in civilian court. Reiter’s role as investigating officer was to examine facts in the case and make a neutral recommendation whether it should go to court-martial.

Reiter also recommended that Joyner be tried at a "much lower level" than a court-martial for allegedly making false official statements to an Army CID agent, including telling the agent he wasn’t involved in the fight and saw no one else get hit with a bottle.

In hearing testimony, Joyner said he was afraid to tell investigators what had happened because he thought he or his family might be targeted by gang members. A younger brother had been shot in the head outside the family’s Brooklyn home just days earlier in retaliation for agreeing to testify in a gang-related case in New York, according to testimony and Joyner’s civilian attorney, Michael Waddington.

Reiter’s report said there was no evidence or testimony that Joyner attacked Charles. A video of the fight shows Joyner punching Bonham in the face, but Joyner said he did so only to get Bonham to let go of his twin brother, Spc. Markelle Joyner. The video shows the twins walking away arm-in-arm and that Sgt. Joyner "ceased all aggressive action," according to Reiter’s report.

Waddington told Stars and Stripes in a phone interview he didn’t know why prosecutors decided to proceed with a trial.

Eighth Army spokesman Walter Ham said in an e-mail to Stripes that military officials "do not comment on the decision-making process of commanders or convening authorities."

A fight started early that morning, possibly over concerns that a customer was carrying a knife in the club, according to the Article 32 transcript. A second fight, involving at least a dozen people attacking Charles and Bonham, started on the street after police emptied the club.

Bonham and Charles, who was stabbed during the fight, both testified that they were former gang members, and Bonham said many in the crowd made gang-affiliated hand gestures and used gang slogans, according to the transcript.

Sgt. Joyner testified that Bonham flashed a Gangster Disciples "pitchfork" hand sign at his twin brother as the fight was starting, indicating he wanted to stab him, according to the transcript.

Bonham testified that it was "possible" that he had flashed the pitchfork sign to one of the Joyner brothers, according to the transcript.

Spc. Joyner faces the same charges as Sgt. Joyner and is to be tried in a separate court-martial, an 8th Army spokesman said Friday.

Four soldiers have been convicted on assault charges in connection with the fight, with each sentenced to 20 to 60 days of confinement and given a reduction in rank. A fifth soldier was acquitted in June of attempted murder in connection with the stabbing.

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Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Soldier to face court martial over brawl near Yongsan Army Base Korea

Soldier to face court martial over brawl near Yongsan Army Base Korea

By Ashley Rowland, Stars and Stripes
Pacific edition, Monday, September 7, 2009
SEOUL — Despite an investigating officer’s recommendation that assault charges should be dropped, a Yongsan soldier is to be court-martialed this fall for his alleged role in a February street brawl marked by a stabbing and participants shouting gang slogans.

Sgt. Markease Joyner, of the 501st Military Intelligence Brigade, is charged with two specifications of assault and one specification of making false official statements in the Feb. 1 melee outside the King Club in Itaewon.

Charging documents allege that Joyner hit two soldiers — Spc. Michael Charles and Pvt. Matthew Bonham — with a bottle and his fist and also kicked Bonham, then lied to investigators about his role.

"I found most witnesses to be unreliable and I believe they will continue to be so if the command moves forward with a General Court-Martial," investigating officer Maj. Matthew Reiter wrote in a report after the July 9 Article 32 hearing, similar to a pretrial hearing in civilian court. Reiter’s role as investigating officer was to examine facts in the case and make a neutral recommendation whether it should go to court-martial.

Reiter also recommended that Joyner be tried at a "much lower level" than a court-martial for allegedly making false official statements to an Army CID agent, including telling the agent he wasn’t involved in the fight and saw no one else get hit with a bottle.

In hearing testimony, Joyner said he was afraid to tell investigators what had happened because he thought he or his family might be targeted by gang members. A younger brother had been shot in the head outside the family’s Brooklyn home just days earlier in retaliation for agreeing to testify in a gang-related case in New York, according to testimony and Joyner’s civilian attorney, Michael Waddington.

Reiter’s report said there was no evidence or testimony that Joyner attacked Charles. A video of the fight shows Joyner punching Bonham in the face, but Joyner said he did so only to get Bonham to let go of his twin brother, Spc. Markelle Joyner. The video shows the twins walking away arm-in-arm and that Sgt. Joyner "ceased all aggressive action," according to Reiter’s report.

Waddington told Stars and Stripes in a phone interview he didn’t know why prosecutors decided to proceed with a trial.

Eighth Army spokesman Walter Ham said in an e-mail to Stripes that military officials "do not comment on the decision-making process of commanders or convening authorities."

A fight started early that morning, possibly over concerns that a customer was carrying a knife in the club, according to the Article 32 transcript. A second fight, involving at least a dozen people attacking Charles and Bonham, started on the street after police emptied the club.

Bonham and Charles, who was stabbed during the fight, both testified that they were former gang members, and Bonham said many in the crowd made gang-affiliated hand gestures and used gang slogans, according to the transcript.

Sgt. Joyner testified that Bonham flashed a Gangster Disciples "pitchfork" hand sign at his twin brother as the fight was starting, indicating he wanted to stab him, according to the transcript.

Bonham testified that it was "possible" that he had flashed the pitchfork sign to one of the Joyner brothers, according to the transcript.

Spc. Joyner faces the same charges as Sgt. Joyner and is to be tried in a separate court-martial, an 8th Army spokesman said Friday.

Four soldiers have been convicted on assault charges in connection with the fight, with each sentenced to 20 to 60 days of confinement and given a reduction in rank. A fifth soldier was acquitted in June of attempted murder in connection with the stabbing.

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Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Marine faces court martial in Fallujah killing

Marine faces court-martial in Fallujah killing

(AP) – 29 Sep 2009

CAMP PENDLETON, Calif. — The government failed twice to persuade jurors that members of a Marine squad wrongly killed unarmed detainees in Fallujah, Iraq. Now it's trying a third time.
A court-martial is scheduled to begin Tuesday at Camp Pendleton for Sgt. Jermaine Nelson, who has pleaded not guilty to unpremeditated murder and dereliction of duty in the November 2004 death of a detainee. The Marines were involved in vicious house-to-house fighting to recapture Fallujah from insurgents.
If convicted of murder, Nelson, of New York, faces a maximum sentence of life in prison.
He is the only remaining defendant in a case that has resulted in two defeats for the government. Nelson's squadmate, Sgt. Ryan Weemer, was acquitted by a military jury of the same charges in April. That jury consisted of eight Marines, all of whom served in Iraq or Afghanistan.
Nelson's squad leader, former Sgt. Jose Luis Nazario, was acquitted last year in federal court in Riverside, Calif., on counts that included voluntary manslaughter. Nazario was beyond the reach of a court-martial because he had completed his military obligations.
During Weemer's one-week court-martial at Camp Pendleton, the defense argued that the government could not prove Weemer was guilty of murder because there were no bodies, no relatives complaining of a lost loved one and no forensic evidence.
The case came to light long after the battle.
In 2006, after he left the Marine Corps, Weemer applied for a job in the Secret Service. During a background interview before a polygraph test as part of the application, he was asked about the most serious crime he ever committed.
"We went into this house, there happened to be four or five guys in the house," Weemer said in a recording of the interview played during his trial. "We ended up shooting them, we had to."
Weemer's account triggered an investigation that led to the charges.
Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center, said the Marines might be criticized for ignoring war crimes if they dropped charges against Nelson after losing twice.
"It's lose once, lose twice, well, let's try it again," Solis said. "When you're talking about juries, you never know, but I would not be surprised if there were an acquittal."
Nelson's squad was from Kilo Company of the 3rd Battalion, 1st Marine Regiment, the same company that a year later was involved in the widely publicized killings of 24 men, women and children in Haditha, Iraq. None of the Marines from the Fallujah case were involved in the Haditha case.
Eight Marines were charged in the Haditha killings, the biggest criminal case against U.S. troops to come out of the Iraq war. Charges were dismissed against six defendants and a seventh was acquitted. The sole remaining defendant is the squad leader, Staff Sgt. Frank D. Wuterich, whose court-martial is not scheduled.

-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Marine faces court martial in Fallujah killing

Marine faces court-martial in Fallujah killing

(AP) – 29 Sep 2009

CAMP PENDLETON, Calif. — The government failed twice to persuade jurors that members of a Marine squad wrongly killed unarmed detainees in Fallujah, Iraq. Now it's trying a third time.
A court-martial is scheduled to begin Tuesday at Camp Pendleton for Sgt. Jermaine Nelson, who has pleaded not guilty to unpremeditated murder and dereliction of duty in the November 2004 death of a detainee. The Marines were involved in vicious house-to-house fighting to recapture Fallujah from insurgents.
If convicted of murder, Nelson, of New York, faces a maximum sentence of life in prison.
He is the only remaining defendant in a case that has resulted in two defeats for the government. Nelson's squadmate, Sgt. Ryan Weemer, was acquitted by a military jury of the same charges in April. That jury consisted of eight Marines, all of whom served in Iraq or Afghanistan.
Nelson's squad leader, former Sgt. Jose Luis Nazario, was acquitted last year in federal court in Riverside, Calif., on counts that included voluntary manslaughter. Nazario was beyond the reach of a court-martial because he had completed his military obligations.
During Weemer's one-week court-martial at Camp Pendleton, the defense argued that the government could not prove Weemer was guilty of murder because there were no bodies, no relatives complaining of a lost loved one and no forensic evidence.
The case came to light long after the battle.
In 2006, after he left the Marine Corps, Weemer applied for a job in the Secret Service. During a background interview before a polygraph test as part of the application, he was asked about the most serious crime he ever committed.
"We went into this house, there happened to be four or five guys in the house," Weemer said in a recording of the interview played during his trial. "We ended up shooting them, we had to."
Weemer's account triggered an investigation that led to the charges.
Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center, said the Marines might be criticized for ignoring war crimes if they dropped charges against Nelson after losing twice.
"It's lose once, lose twice, well, let's try it again," Solis said. "When you're talking about juries, you never know, but I would not be surprised if there were an acquittal."
Nelson's squad was from Kilo Company of the 3rd Battalion, 1st Marine Regiment, the same company that a year later was involved in the widely publicized killings of 24 men, women and children in Haditha, Iraq. None of the Marines from the Fallujah case were involved in the Haditha case.
Eight Marines were charged in the Haditha killings, the biggest criminal case against U.S. troops to come out of the Iraq war. Charges were dismissed against six defendants and a seventh was acquitted. The sole remaining defendant is the squad leader, Staff Sgt. Frank D. Wuterich, whose court-martial is not scheduled.

-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Marine faces court martial in Fallujah killing

Marine faces court-martial in Fallujah killing

(AP) – 29 Sep 2009

CAMP PENDLETON, Calif. — The government failed twice to persuade jurors that members of a Marine squad wrongly killed unarmed detainees in Fallujah, Iraq. Now it's trying a third time.
A court-martial is scheduled to begin Tuesday at Camp Pendleton for Sgt. Jermaine Nelson, who has pleaded not guilty to unpremeditated murder and dereliction of duty in the November 2004 death of a detainee. The Marines were involved in vicious house-to-house fighting to recapture Fallujah from insurgents.
If convicted of murder, Nelson, of New York, faces a maximum sentence of life in prison.
He is the only remaining defendant in a case that has resulted in two defeats for the government. Nelson's squadmate, Sgt. Ryan Weemer, was acquitted by a military jury of the same charges in April. That jury consisted of eight Marines, all of whom served in Iraq or Afghanistan.
Nelson's squad leader, former Sgt. Jose Luis Nazario, was acquitted last year in federal court in Riverside, Calif., on counts that included voluntary manslaughter. Nazario was beyond the reach of a court-martial because he had completed his military obligations.
During Weemer's one-week court-martial at Camp Pendleton, the defense argued that the government could not prove Weemer was guilty of murder because there were no bodies, no relatives complaining of a lost loved one and no forensic evidence.
The case came to light long after the battle.
In 2006, after he left the Marine Corps, Weemer applied for a job in the Secret Service. During a background interview before a polygraph test as part of the application, he was asked about the most serious crime he ever committed.
"We went into this house, there happened to be four or five guys in the house," Weemer said in a recording of the interview played during his trial. "We ended up shooting them, we had to."
Weemer's account triggered an investigation that led to the charges.
Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center, said the Marines might be criticized for ignoring war crimes if they dropped charges against Nelson after losing twice.
"It's lose once, lose twice, well, let's try it again," Solis said. "When you're talking about juries, you never know, but I would not be surprised if there were an acquittal."
Nelson's squad was from Kilo Company of the 3rd Battalion, 1st Marine Regiment, the same company that a year later was involved in the widely publicized killings of 24 men, women and children in Haditha, Iraq. None of the Marines from the Fallujah case were involved in the Haditha case.
Eight Marines were charged in the Haditha killings, the biggest criminal case against U.S. troops to come out of the Iraq war. Charges were dismissed against six defendants and a seventh was acquitted. The sole remaining defendant is the squad leader, Staff Sgt. Frank D. Wuterich, whose court-martial is not scheduled.

-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Army Court Martial News - Army to discharge officer who refused to go to Iraq - Court Martial is over

Army to discharge officer who refused to go to Iraq - Court Martial is over

http://www.latimes.com/news/nationworld/nation/la-na-watada-discharge29-2009sep29,0,103553.story?track=rss

1st Lt. Ehren Watada's court-martial ended in a mistrial, and the Army has decided not to attempt another prosecution. Watada had argued he would be participating in war crimes if he fought in Iraq.

By Kim Murphy
September 29, 2009
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Reporting from Seattle - Army 1st Lt. Ehren Watada will be discharged by the end of the week, concluding the fight over his refusal to deploy to Iraq, an Army spokesman said Monday.

After a court-martial proceeding that ended in a mistrial, the Army has elected not to attempt further prosecution and instead will discharge the first lieutenant, who argued he would be participating in war crimes if he fought in Iraq.

"What was approved was basically his request to resign in lieu of a general court-martial for the good of the service," said spokesman Joseph Piek at Ft. Lewis, Wash., where Watada has been working at a desk job.

The separation is classified as an administrative discharge. Watada's lawyers said it was granted under "other than honorable conditions."

The Army previously had refused Watada's offer to resign.

Watada, 31, a native of Honolulu, was court-martialed for refusing to join his unit on its deployment to Iraq in 2006. He also was accused of making statements critical of former President George W. Bush and the war that the military deemed "conduct unbecoming an officer."

The proceedings ended in a mistrial, and a judge ruled that the Army could not retry Watada on most of the counts because of double jeopardy. Military prosecutors could have tried him on two charges stemming from statements Watada made that had been conditionally dismissed prior to trial.

Defense attorney Kenneth Kagan said the decision not to pursue further appeals was made by Solicitor General Elena Kagan, who is not related to Watada's lawyer.

"I think the Army came to the conclusion that it was not going to be able to prevail in a prosecution," defense attorney Kagan said. "And I think when the new solicitor general came in, her office had a fresh look at it, and as it was not bound by any of the decisions that had been made previously, they saw fit to put a stop to the appellate process."

In a statement, Watada's lawyers described him as "a hero and a patriot . . . [who] took a lonely stand as a matter of conscience, never attempted to spread discord within the ranks, and never sought to evangelize about his ethical convictions. . . . It is our belief that history will treat Lt. Watada far more favorably than the United States Army sees fit to regard him now."

-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Army Court Martial News - Army to discharge officer who refused to go to Iraq - Court Martial is over

Army to discharge officer who refused to go to Iraq - Court Martial is over

http://www.latimes.com/news/nationworld/nation/la-na-watada-discharge29-2009sep29,0,103553.story?track=rss

1st Lt. Ehren Watada's court-martial ended in a mistrial, and the Army has decided not to attempt another prosecution. Watada had argued he would be participating in war crimes if he fought in Iraq.

By Kim Murphy
September 29, 2009
E-mailPrint
Share
Text Size

Reporting from Seattle - Army 1st Lt. Ehren Watada will be discharged by the end of the week, concluding the fight over his refusal to deploy to Iraq, an Army spokesman said Monday.

After a court-martial proceeding that ended in a mistrial, the Army has elected not to attempt further prosecution and instead will discharge the first lieutenant, who argued he would be participating in war crimes if he fought in Iraq.

"What was approved was basically his request to resign in lieu of a general court-martial for the good of the service," said spokesman Joseph Piek at Ft. Lewis, Wash., where Watada has been working at a desk job.

The separation is classified as an administrative discharge. Watada's lawyers said it was granted under "other than honorable conditions."

The Army previously had refused Watada's offer to resign.

Watada, 31, a native of Honolulu, was court-martialed for refusing to join his unit on its deployment to Iraq in 2006. He also was accused of making statements critical of former President George W. Bush and the war that the military deemed "conduct unbecoming an officer."

The proceedings ended in a mistrial, and a judge ruled that the Army could not retry Watada on most of the counts because of double jeopardy. Military prosecutors could have tried him on two charges stemming from statements Watada made that had been conditionally dismissed prior to trial.

Defense attorney Kenneth Kagan said the decision not to pursue further appeals was made by Solicitor General Elena Kagan, who is not related to Watada's lawyer.

"I think the Army came to the conclusion that it was not going to be able to prevail in a prosecution," defense attorney Kagan said. "And I think when the new solicitor general came in, her office had a fresh look at it, and as it was not bound by any of the decisions that had been made previously, they saw fit to put a stop to the appellate process."

In a statement, Watada's lawyers described him as "a hero and a patriot . . . [who] took a lonely stand as a matter of conscience, never attempted to spread discord within the ranks, and never sought to evangelize about his ethical convictions. . . . It is our belief that history will treat Lt. Watada far more favorably than the United States Army sees fit to regard him now."

-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Army Court Martial News - Army to discharge officer who refused to go to Iraq - Court Martial is over

Army to discharge officer who refused to go to Iraq - Court Martial is over

http://www.latimes.com/news/nationworld/nation/la-na-watada-discharge29-2009sep29,0,103553.story?track=rss

1st Lt. Ehren Watada's court-martial ended in a mistrial, and the Army has decided not to attempt another prosecution. Watada had argued he would be participating in war crimes if he fought in Iraq.

By Kim Murphy
September 29, 2009
E-mailPrint
Share
Text Size

Reporting from Seattle - Army 1st Lt. Ehren Watada will be discharged by the end of the week, concluding the fight over his refusal to deploy to Iraq, an Army spokesman said Monday.

After a court-martial proceeding that ended in a mistrial, the Army has elected not to attempt further prosecution and instead will discharge the first lieutenant, who argued he would be participating in war crimes if he fought in Iraq.

"What was approved was basically his request to resign in lieu of a general court-martial for the good of the service," said spokesman Joseph Piek at Ft. Lewis, Wash., where Watada has been working at a desk job.

The separation is classified as an administrative discharge. Watada's lawyers said it was granted under "other than honorable conditions."

The Army previously had refused Watada's offer to resign.

Watada, 31, a native of Honolulu, was court-martialed for refusing to join his unit on its deployment to Iraq in 2006. He also was accused of making statements critical of former President George W. Bush and the war that the military deemed "conduct unbecoming an officer."

The proceedings ended in a mistrial, and a judge ruled that the Army could not retry Watada on most of the counts because of double jeopardy. Military prosecutors could have tried him on two charges stemming from statements Watada made that had been conditionally dismissed prior to trial.

Defense attorney Kenneth Kagan said the decision not to pursue further appeals was made by Solicitor General Elena Kagan, who is not related to Watada's lawyer.

"I think the Army came to the conclusion that it was not going to be able to prevail in a prosecution," defense attorney Kagan said. "And I think when the new solicitor general came in, her office had a fresh look at it, and as it was not bound by any of the decisions that had been made previously, they saw fit to put a stop to the appellate process."

In a statement, Watada's lawyers described him as "a hero and a patriot . . . [who] took a lonely stand as a matter of conscience, never attempted to spread discord within the ranks, and never sought to evangelize about his ethical convictions. . . . It is our belief that history will treat Lt. Watada far more favorably than the United States Army sees fit to regard him now."

-----------------
Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Marine charged with faking war wounds for gain - Military Lawyer

Marine charged with faking war wounds for gain

By DAVID DISHNEAU (AP) see http://www.carolinalive.com/news/story.aspx?id=353531

SABILLASVILLE, Md. — On a sultry day in July 2008, Marine Sgt. David W. Budwah strode in his battle fatigues to the front of a picnic pavilion to tell three dozen young boys what he did during the war.

With his clear gaze, rigid posture and muscled, tattooed arms, Budwah looked every inch the hero he claimed to be. He said he was on his second tour of duty in Afghanistan when a homemade grenade exploded, wounding his face and arm when he dove to shield a buddy from the blast.
"We're here to make sure of the freedom you have every day," Budwah told his audience at Camp West Mar, a wooded American Legion compound about 60 miles northwest of Washington.
But the Marines say Budwah is a liar, a fraud and a thief. They are court-martialing the 34-year-old Springhill, La., native, alleging he was never in Afghanistan, wasn't wounded and didn't earn the combat medals he wore — or the many privileges he enjoyed.

Budwah joined the Marines in October 1999 and spent nearly all of the next six years with a radio communications unit in Okinawa, Japan, according to the Marine Corps Base in Quantico, Va., where Budwah has been stationed since February 2006.

Phony heroes aren't unusual. Thousands of complaints pour in annually to the FBI and civilian groups about impostors flaunting store-bought medals.
Their very prevalence exposes something else — a nation so eager to embrace its war fighters, especially the wounded, that it sometimes fails to discern between the real heroes and the fakes.

"In every society in history, the warrior is glorified," said phony-hero debunker B.G. "Jug" Burkett of Plano, Texas. "The second you say you're a warrior who has performed heroically in combat, everybody perceives you differently."
Burkett, 65, a Vietnam veteran and author of the 1998 book, "Stolen Valor," said the urge to honor the wounded can cloud a person's judgment.

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Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.

Marine charged with faking war wounds for gain - Military Lawyer

Marine charged with faking war wounds for gain

By DAVID DISHNEAU (AP) see http://www.carolinalive.com/news/story.aspx?id=353531

SABILLASVILLE, Md. — On a sultry day in July 2008, Marine Sgt. David W. Budwah strode in his battle fatigues to the front of a picnic pavilion to tell three dozen young boys what he did during the war.

With his clear gaze, rigid posture and muscled, tattooed arms, Budwah looked every inch the hero he claimed to be. He said he was on his second tour of duty in Afghanistan when a homemade grenade exploded, wounding his face and arm when he dove to shield a buddy from the blast.
"We're here to make sure of the freedom you have every day," Budwah told his audience at Camp West Mar, a wooded American Legion compound about 60 miles northwest of Washington.
But the Marines say Budwah is a liar, a fraud and a thief. They are court-martialing the 34-year-old Springhill, La., native, alleging he was never in Afghanistan, wasn't wounded and didn't earn the combat medals he wore — or the many privileges he enjoyed.

Budwah joined the Marines in October 1999 and spent nearly all of the next six years with a radio communications unit in Okinawa, Japan, according to the Marine Corps Base in Quantico, Va., where Budwah has been stationed since February 2006.

Phony heroes aren't unusual. Thousands of complaints pour in annually to the FBI and civilian groups about impostors flaunting store-bought medals.
Their very prevalence exposes something else — a nation so eager to embrace its war fighters, especially the wounded, that it sometimes fails to discern between the real heroes and the fakes.

"In every society in history, the warrior is glorified," said phony-hero debunker B.G. "Jug" Burkett of Plano, Texas. "The second you say you're a warrior who has performed heroically in combat, everybody perceives you differently."
Burkett, 65, a Vietnam veteran and author of the 1998 book, "Stolen Valor," said the urge to honor the wounded can cloud a person's judgment.

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Michael Waddington is a court martial lawyer - court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.