Erin – Page 7 – Conduct Unbecoming

022 US v. Melzer

In the soft rolling hills of Italy, with just days to go before deploying, a young soldier sent messages to his loved ones and prepared to travel to Turkey. He wasn’t supposed to share information about where he was going–troop movement security and all that–but he just couldn’t help himself. He wanted his loved ones to be able to find him, find him and his colleagues. It was unfortunate that his loved ones weren’t his parents or a high school sweetheart but other members of a white supremacist, neo-Nazi community.

I relied heavily on the sentencing brief from the US Attorney’s Office.

I referenced information from: Stripes, Vice, AP News, the Department of Justice, Washington Post, CNN, the NY Post, the Department of Labor, Rolling Stone, and the US Code (1, 2, 3, 4, 5, 6).

This episode briefly discussed substance use issues. If you, or someone you know is struggling with substance use, the SAMHSA National Helpline can be reached at 1-800-662-HELP, and their treatment locator is available online.

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

021 US v. Sullivan

It’s important to have at least some familiarity with the habits and interests of your partner. My spouse has a deep love of golf and while I can’t claim to be even halfway decent at the sport, I find a cute outfit and bop around the course anyway. Instagram suggests funny golf reels that I share with him in a self perpetuating algorithm cycle. In return, he displays whatever craft of the moment I’m fixated on. Unfortunately for the Sullivan family, Captain Michael Sullivan spent a fair amount of his time seizing illicit drugs on behalf of the United States Coast Guard. His wife, it would seem, got a little too interested in the use of cocaine.

I used the appellate court opinions: CGCCA, CAAF, the SCOTUS petition, and one of the briefs.

I referenced information from: Sullivan’s career, East Bay Times, USCG Boating, NYPD, medical uses of cocaine, the metabolism of cocaine, USCG seizure statistics, and Go Coast Guard.

This episode discussed substance use issues. If you, or someone you know is struggling with substance use, the SAMHSA National Helpline can be reached at 1-800-662-HELP and their treatment locator is available online.

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

020 US v. Easterly

I’ve detailed some of the concerning relationship patterns young folks who join the military engage in- namely, getting engaged awfully fast and married terribly young. The arrangement can be dicey- not every marriage survives the peaks and valleys of military life. In 2016, Senior Airman Chase Easterly began dating someone he really liked and felt like he might have a future with. Less than a week after their first date, he devised a plan. He packed a bag and showed up, ready to surprise her at her home. Easterly was there to embrace the “until death do us part” portion without the complications of the rest of the vows.

I used the appellate court opinions: AFCCA (1)(2), CAAF, as well as the briefs (1)(2).

I referenced information about:

Schizophrenia and other service-disqualifying diagnoses, doctor-patient privilege (1)(2), JBPHH, Landstuhl.

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

019 US v. Harrington

I speak as someone who often served as Sober Sister at sorority events: caretaking for drunk people is a lot of thankless work. We do it because we love our people and want them to stay safe… but I vastly preferred chasing a tipsy sister down the block to bring her back to the party to what Airman First Class Sean Harrington’s friends had to endure. Harrington, as it turned out, was not a pleasant drunk. When he got drunk, Harrington made Bad Decisions. Sometimes these decisions affected only himself. But when the fireworks faded on the Fourth of July in 2018, Harrington’s Bad Decisions cost another young Airman his life.

I used the appellate court opinions: AFCCA, CAAF, as well as the briefs (1)(2)(3).

I referenced information from:

The Cunningham Case (1)(2)(3), Your News New Mexico, KRGE, My High Plains, ABC7 Amarillo, Reporter Times, Cannon AF Base, and Find Recovery.

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

018 US v. Gilmet

Some events are designed with a singular focus in mind—for example, weddings. Weddings are designed around the legal or spiritual union of two adults. It would be shocking to show up for a wedding and find yourself discussing the best man or the officiant instead of the happy couple. Courts-martial are also designed with a singular focus in mind – the administration of justice. If a court-martial derails and becomes about the actions and conduct of the attorneys and their superiors, the administration of justice gets very messy very quickly.

I used the appellate court opinions: NMCCA, CAAF, as well as the oral arguments and briefs (1)(2)(3)(4)(5).

I referenced information from:

Marine Corps Times (1)(2)(3)(4)(5), sofrep.com, Rick Rodriguez’s obituary, and information about Reconnaissance Marines.

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

017 US v. Halfacre

The Kingdom of Bahrain, named for the “two seas” surrounding the archipelago, hosts the Naval Support Activity Bahrain – a US Naval base. Bahrain itself is a fascinating mix of Bahraini nationals, American and British military, and immigrants. Immigrants make up approximately 45% of the population – some came to Bahrain to work in the oil and gas industry… and some came to support a burgeoning and more illicit trade. It’s an unfortunate but seemingly universal truth that where there are oil fields and military bases, the sex trade usually follows. For Calvin Halfacre, with the might of the American dollar behind him, the allure of commercial sex was too much to resist.

I used the appellate court opinion: NMCCA

And referenced information from:

CAAF (1)(2), GDN Online, Navy Times (1)(2)(3)(4), Unicourt, Zillow, Duval County Records, Parents for Megans Law, Military.com, Defense Culture, CIA World Factbook, NSA Bahrain, Navsea, the State Department, DBpedia.org, Magill.ie, and UScourts.gov

Links to Listen:

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016 FL v. Rivet

Accessing reliable childcare in the United States is already challenging, and the under and unemployment of military spouses create a system that assumes the non-military spouse will stay home with any children. A divorce throws that arrangement out of equilibrium, and the lack of family support, wherever someone is stationed, can lead to some… creative solutions. Petty Office Nicholas Rivet solved that problem by moving his girlfriend and her children in. He didn’t account for how the tight living arrangement would try the children’s sleep schedules… and his patience.

I used the appellate court opinion: Florida

And referenced information from:

Change.org (1)(2), Jacksonville.com (1)(2)(3), News4Jax (1)(2), My Military Lawyers, Youtube, Florida Department of Corrections, WOKV (1)(2), The Washington Times, Justice Coalition, and the Duval County Clerk’s Office.

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

015 US v. Furth

In my first year of law school, I sat with my classmates in the school’s common area. We were full of nerves, still trying to figure out who was a friend and who was going to hide the books in the library to try and get a competitive edge. A weary third-year law student spotted us and approached with sage advice. She looked me dead in the eyes and told me to take the money and run – to Paris, to Prague, it didn’t matter where. She just wanted me to save myself from law school. I love learning so the advice didn’t call to me. But Lieutenant Kevin Furth, staring down the barrel of jump school with the Army, decided to do just that… to take the money and run.

I used the appellate court opinions:

ACCA, CAAF

And referenced information from:

Furth’s Appellate Brief, Court Listener, CAAFlog, UCMJ Defense, Army Pubs, Go Army, Operation Military Kids, PBS, The NY Times, Cornell, and the Vance opinion.

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

014 US v. Quintanilla

On a sunny Southern California afternoon in March 1996, the Marines working the night shift in Marine Aviation Logistics Squadron 39 prepared for their uniform inspection. As colleagues made sure they had the right covers, that their shoes were clean and that everything was lined up the way it should be, Sergeant Jessie Quintanilla prepared a little differently. He donned his coveralls for work, drank heavily, drove to work, and walked into the executive officer’s office concealing a pistol.

I used the appellate court opinions:
NMCCA (2), CAAF

A note: NMCCA moved their cases to a newer, lightning quick website. Not all of the cases moved correctly; there are three opinions for Quintanilla’s case listed but they all link to the same 3 page opinion. It took some digging to find a copy of the original NMCCA opinion.

And referenced information from:

San Diego Union Tribune, Death Penalty Info, IndyBay, LA Times, NY Times, AP News, Wikipedia, GTI Training

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

013 US v. Witt

After the booms and bangs of a Fourth of July fireworks show faded and residents of Robins Air Force base in Georgia tucked themselves into bed, one airman stalked his prey through the base, crawling behind bushes and trees, trying to get close without being seen. His camouflaged uniform kept him concealed until the last moment when he drew his knife and let himself into his friend’s home.

I used the appellate court opinions:
AFCCA (1)(2)(3)(4), CAAF (1)(2)

SCOTUS (1)(2)(3)

And referenced information from:

Murderpedia, Air force Times(1)(2), PACES Connection, the ACES Quiz, Military Law Center, and AF.mil

Links to Listen:

Apple Podcasts · Spotify · Google · Amazon Music · I Heart · Audacy

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.