True dat.
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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On Oct 17, 2011, at 7:12 AM, Haytham Faraj wrote: The law suit isn't against the air force. It's against the drug maker. Maybe 4 star expects to be on the board after retirement. Haytham Faraj Sent from my iPhone Thanks, Charlie. My first such win. The old "temporary insanity" defense. Pretty rare to get 4 mil shrinks to not only agree but remain adamant about it. They brought in a 5th shrink as a hit man to sing the praises of the go-pill program, which they feared would come under attack if even partially blamed for my guy's delirium. He discounted their evaluations and said it was more consistent with just alcohol abuse, the centerpiece of the G case. I'm sure that's why the 62 appeal trying characterize a verdict (reinforced by the MJ again today). They are scared to death they'll be sued by this third party victim of carjacking over the Dexedrine. Intel says that ACC (4-star) directed that his JAGs appeal. I think it will die an early death. Neal
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
I had a NG by reason of lack of mental responsibility in a MJ case with Ed Loughran as Military Judge. It was probably in 2001 or 2002. I think he got jammed for not doing the hearing required. But my guy went home after the trial too. Great outcome, Neal. I don't think the G has much chance on appeal and I'd be surprised if the appeal was not ultimately dismissed.
Good luck, if you are involved in the appellate work, but I don't think you'll need much luck! Congrats on the win.
CG
Charles W. Gittins
Attorney and Counselor at Law
P.O. Box 144
Middletown, VA 22645
(540) 662-9036
(540) 662-9296 (fax)
-----Original Message-----
From: Puckett Neal < neal@puckettfaraj.com>
To: cgittins < cgittins@aol.com>
Cc: Faraj Haytham < haytham@puckettfaraj.com>
Sent: Sun, Oct 16, 2011 5:23 am
Subject: Re: U.S. v. 1st Lt Patrick T. Burke - Notice of Appeal
No. That's a common misconception and perhaps that's the way it used to be. After extensive research, and after delivering the verdict, the MJ took another 10 min to read into the record all of the USC provisions juxtaposed with the applicable RCMs. The authority to make the determination of current or future dangerousness rests with a MJ in all military cases. The guy has to be committed to an institution appropriate to his condition. In this case, he just wanted allowed to leave the legal office. Parties recommend a mental health professional to conduct an evaluation. MJ appoints that expert. The expert does an eval (in this case we brought in 2 of the 3 706 board members to re-validate their conclusion of a complete absence of a psych diagnosis). The expert(s) produce a report. All of this must be accomplished within 40 days. (Nothing says it can't be done in less time, like right after trial). A MJ must conduct an RCM 1102 hearing at which the accused has a right to be present with counsel and the govt is free to take any position they want. Here, the MJ simply stayed afterward to appoint the expert(s), conduct the hearing, and in accordance with the report and the government agreeing that he was not a danger to himself or others, the MJ ordered his release. He was home less than 4 hrs after we got the verdict.
It's was a first for me. Both the win on these grounds and the process required after.
Thanks for weighing in. This all seems like sour grapes by the CA. I think he was guaranteed a conviction. Oops.
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