Hatham,
First, I want to say that feel very confident in your legal ability and knowledge of the military hierachy.As a mom I feel helpless. When I write this I am reminded that the role I had with my husband was to play the "reasonable man" for his trial preparations. He figured if he could explain a complex subject to me and if I finally got it he would reach even a confused juror.
I have pondered the two charges on impeding justice. The witnesses were not in New Orleans.
So the question is how can you prove a negative? Douglas had no knowledge so he can't impede anything.
The best witness for the DEFENSE is the NCIS agent himself. In the deposition with Nicole he said that he had not told Douglas of the investigation including her. Neither Alex nor Joe was in New Orleans and Doug was not aware of any charges or even investigation regarding Nicole with whom he had a relationship of consensual sex from three to five months.
It follows that those charges can be dismissed if the agent testifies that he did not tell Doug about the investigation of Nicole.as a victim.
As far as Nicole she had an encounter in Seattle where she was drunk. She did not go to the police at that time or to a hospital for rape test. The facts are that she contiued having consensual sex him they might have been conidered an item. (She considered he was HER MAN (the possesive)) Therefore, the incident is the classical woman scorned and her involvment in the case is her ultimate revenge. As you might be aware there is a different between the sexes as they view the world
Speaking of different views. In first year law school Joe and Doug were in the same study group and were best friends. They were competitors for the highest grades. As I recall in legal writing Joe can in first and Doug came in second. There was no animosity. Competition is the name of the game in sports and in many fields. In the second year Doug was on the Moot Court Board and his competition was Alex. They both vied for President of the Board and in an election Douglas came in second to Alex.
The men seem to respect each other. Nicole was a player in the moot court board and became the girlfriend of Joe, I do not recall any time that Doug pined for his lost love. Law school consumed his time.
La Nita Wacker
19839 8th Ave NW
Shoreline, WA 98177
206-542-3906