Erin – Page 7 – Conduct Unbecoming

025 US v. Alton

As residents of Las Vegas can attest, it’s not all showgirls and sequins. Once you get away from the glitz and out of view of the Sphere, it’s a lot like any other city where people live their day-to-day lives. They get up, exercise, go to work, raise their kids, and pay taxes in the usual cycle of adulthood. There’s one extraordinarily helpful advantage they’ve got on us, though. In a city famous for its excess and open container laws, it’s a little easier to hail a ride in an Uber, a Lyft, or a cab. In 2019, Air Force Staff Sergeant Alton decided it either wasn’t easy enough or cheap enough to do that and instead elected to drive the two miles home from the bar.

It’s a decision that cost Felix McNair his life.

I relied on the AFCCA appellate opinion for Alton and another for Marable.

I referenced information from: The Review Journal (1)(2), KTNV, 8 News Now, News 3 Las Vegas (1)(2), Facebook (1)(2), Wikipedia (1)(2), Edwards Flight Support Squadron, and Creech Air Force Base.

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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.

024 US v. Watlington

In the early days of stay at home orders, media outlets warned of a potential shadow epidemic. Furtively reported stories reminded Americans that there would be people sheltering in place with their abusers and we worried there would be a spike in deaths as a result of domestic violence. But perhaps what we didn’t think about, what we didn’t warn people about, was the danger of sheltering in a place with firearms, the risk of firearm fatalities by both murder and suicide. When lockdown and isolation led to intense boredom, Nuclear Machinist Mate Third Class Watlington worked on learning new tricks with his firearm and, tragically, forgot a critical step in gun safety.

I relied on the NMCCA appellate opinion.

I referenced information about: the Naval Nuclear Power Training Command, an article from the Navy Times, gun information from the Marine Corps, and data regarding gun deaths in the U.S.

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https://open.spotify.com/episode/0GxBQTXOCbOQYwrZPbVdq9?si=257cb28344ac4a33

023 US v. Ellerbrock

I’m going to let you in on a little secret – in common law countries, like the United States, the law is practiced, largely, by comparing your case to all the other cases and finding things that are the same or different. Like a complex “spot the differences” exercise. As lawyers, we’re working to compare our facts to those facts and explain why they should or shouldn’t be treated in the same way. Sometimes the application is straightforward, and makes a lot of sense, and sometimes, like today’s case, it asks us to treat a single incident as a pattern.

I relied on the ACCA appellate opinion as well as the CAAF appellate opinion.

I referenced information about: Military Rule of Evidence 412, Xanax (1)(2), and Effexor.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.

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https://open.spotify.com/episode/0GxBQTXOCbOQYwrZPbVdq9?si=257cb28344ac4a33

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.

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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.

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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.

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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.

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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.

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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

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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.

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