Posted on Feb 23, 2015
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I need your assistance with this community. A soldier court martial on SHARP sends me a clemency packet to review. I reviewed packet and saw no reason why soldier was court martial.
I called the soldier and asked what evidence was submitted in your case, he replied there was none it was hearsay. RP community this individual had all documents clearing him of charges from inconsistencies in statements to perjury in a court of law. There were more holes in this case than mesh material.
Army clearly ignored facts.
Question is why was this referred to court martial and what should I do to fix a wrong handed to this soldier?
I called the soldier and asked what evidence was submitted in your case, he replied there was none it was hearsay. RP community this individual had all documents clearing him of charges from inconsistencies in statements to perjury in a court of law. There were more holes in this case than mesh material.
Army clearly ignored facts.
Question is why was this referred to court martial and what should I do to fix a wrong handed to this soldier?
Posted 10 y ago
Responses: 11
First Sergeant, I just gave you the "thumbs up" to make sure I had your attention. If you haven't already done so, you need to get your Soldier in contact with Trial Defense Services ASAP!
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Has it already gone through appeal process yet? In either case I would seek maybe a area defense council or whatever the Army calls it. It's typically not the the base jag as that person is the prosecutor and represents the convening authority. If it has not gone through the Army criminal court of appeals yet you might try to find who his appellate council will be.
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Sounds like a job for the legal department.
Look top, I understand that you want to support a Soldier and are confident in your research abilities, But this is truly one for the experts.
It is highly unlikely in this day and age that the Soldier was convicted on hearsay. Perjury, perhaps.
SHARP - related offenses definitely have some command emphasis as well.
Interesting that you are saying clemency, not appeal. Clemency means he was punished unfairly, not wrongly convicted.
Look top, I understand that you want to support a Soldier and are confident in your research abilities, But this is truly one for the experts.
It is highly unlikely in this day and age that the Soldier was convicted on hearsay. Perjury, perhaps.
SHARP - related offenses definitely have some command emphasis as well.
Interesting that you are saying clemency, not appeal. Clemency means he was punished unfairly, not wrongly convicted.
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