Conduct Unbecoming

099 US v. Long

Those of you who have dogs are probably familiar with the distinct level of suspicion and fear that comes with seeing your dog chewing, realizing you don’t know what they’re chewing on, telling them to stop, and that half turn away from you they di followed by rapid chewing. In that moment, you know whatever is in your dog’s mouth is something you do not want there.

But in both circumstances, you’re at least pretty sure it’s not a shank. Probably. Hopefully.

The same can’t be said for Master Sergeant Long.

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.

I relied exclusively on the ACCA’s 2018, 2020, 2023, and 2026 opinions, as well as the 2021 opinion from CAAF.

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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 hit play today. 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 or whatever name they go by socially now. 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.

098 US v. Teeter

At one point a few years ago, I found myself in the position of having to describe a creepy man to local police who responded to my non-emergency line call with three marked cars and an unmarked vehicle. I think I got his general physical description pretty close-his height, build, the fact that he wore glasses. I know I bobbled the description of whatever he was riding, which comes as no surprise. But I know I nailed the description of his outfit and footwear. It still strikes me as insane that he was riding around on a motorized bike of some kind in flip flops.

When you’re tasked with giving a witness statement, it’s the strangest things that stand out in your memory. For me, it was the inappropriate footwear and the fact that the man’s light blue shirt was substantially the same color as his pants. For one of the witnesses in the Teeter case, it was that Teeter stood outside on an Army installation, dressed in his uniform, but lacking his cover.

I relied exclusively on the Army Court of Military Review’s opinion in researching this case because it predates the internet and I’m not local to Fort Campbell.

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097 US v. Askins

There are very few fact patterns I can see domestic violence taking a back seat to, and yet this case found a way. My interest in this case was two fold. First, I wanted to know how the Army didn’t notice that at least 11 blocks of explosives went missing. Second, I wanted to know just how creatively an appellate court could apply the principles of waiver and forfeiture. Unfortunately for all of us, but perhaps most particularly for the inhabitants of Anchorage, I don’t really have an explanation for the first issue, only more questions. As to the second, I think CAAF undertook some really fancy footwork to course correct what I perceive to be a misstep by the Army Court of Criminal Appeals, but all without setting down a hard and fast rule for future cases.

For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

I relied on the the ACCA opinion and related materials as well as the CAAF opinion. I’m also sharing a copy of Article 128b of the UCMJ so you can decide if it means anything that subdivision 5 is different than subdivision 1.

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096 US v. Ellis

In my previous work, I used to visit a lot of family courts for restraining order calendars. During a memorable court appearance, the woman seeking a restraining order asked the judge if she could use her phone to play videos the other party posted on his public Instagram. The judge allowed it and eventually hit play. A lengthy diatribe and threatening language to the judge, court, and judicial process filled the air, prompting the bailiff, a retired Marine, to move behind the respondent just in case. As I stared at the back of that man’s head, I wondered what would motivate him to commit a threat to video and then to upload it to Al Gore’s internet for anyone to see. The takeaway is almost certainly, “don’t commit something to video you wouldn’t want played in court.” That is perhaps doubly true in the contentious downfall of a relationship. Unfortunately for Lieutenant Colonel Ellis, this advisement is coming a bit late.

I relied on the ACCA opinion and briefing as well as the opinion from CAAF.

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095 US v. Bozicevich

Something specific I like about my current job is that the annual performance review is entirely predictable. We get pretty continuous feedback, so we know where we stand and what that annual review will actually look like. In previous jobs, an annual review was so nerve wracking and I dreaded it every year. Perhaps you suffer from a similar distaste for the process. I can say with confidence that we’re all better adjusted and prepared than Sergeant Bozicevich. His Staff Sergeant attempted to counsel him and, as far as I can tell, it resulted in the only counseling with a 200% mortality rate.

I relied on the ACCA opinion and order from the District Court. I also referenced information from MPR News (1)(2), NBC News, Coastal Courier, and Army.mil.

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094 US v. Bass

I know you’ve all heard that the definition of insanity is doing the same thing over and over again and expecting different results. For me, that might look like having five separate knitting projects going at any given time, expecting that they’ll get finished in a timely manner. Spoiler: they do not, have not, and probably never will. For Gunnery Sergeant Bass, the repeated behavior was or could have been eating whatever gummies his wife handed to him, even after repeatedly failing urinalysis tests.

I relied on an NMCCA opinion, CAAF opinion, and record of trial. I also referenced information from the Federal News Network and Army.mil.

This episode discussed substance use. 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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093 US v. Aguigui

There’s a camaraderie that comes with being able to turn to a colleague with wide eyes that ask, “Did that really just happen?” The trauma bonds forged in the intense heat of a dumpster fire are fierce. Despite any dysfunction, I’ve not taken to actively working on dismantling my employer. I tried to improve things until the very end before admitting defeat and moving on.

But what happens when the group that’s so angry about their employer are armed trained soldiers? What happens when they gather with plans to assassinate their commander in chief? At Fort Stewart, Private Aguigui, the ringleader of an armed militia, scurried about on base, collecting like-minded soldiers and fomenting discord. Ultimately, his violent fantasies culminated in the murder of his wife and unborn child. Well. Kind of. Arguably, a double homicide he orchestrated was the actual culmination, and the murder of his wife and unborn son was a mere stop along the way.

I relied on an ACCA opinion, case updates (1)(2), and PACER. I also referenced information from KATU, Courthouse News, Komo News, KUOW, the Southern Poverty Law Center, Jacksonville.com, the BBC, Bloomberg, a comprehensive article in the New Yorker, Savannah Now, the Guardian, and Army Times.

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092 US v. Washington

If you asked me to guess which of the services would have to solicit testimony about whether or not drinking in the style of a fraternity is a part of the culture of the branch, I wouldn’t guess it was the Air Force. I would guess that it was the branch that was literally founded in a tavern while hopped up on frustration with tea tariffs. Instead of General Washington leading troops to win American independence, the branch he couldn’t have dreamed of gave rise to a Lieutenant Washington, who has spent the better part of a decade bouncing around between the Air Force Court of Criminal Appeals and the Court of Appeals for the Armed Forces.

I relied on two AFCCA opinions (1)(2) and an order they issued, the CAAF opinion, and briefing (1)(2).

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091 SC v. Scott

In honor of Father’s Day, this seems like the appropriate time to delve into the case of a young man that returned just in time for Father’s Day to visit the man that raised him as his own. But instead of grilling out and sharing presents, former Marine Alex Scott walked into his grandfather’s home and discovered him slain. As it turned out, however, Scott was the only one with something to gain from his grandfather’s murder.

I relied on articles from Law and Crime, Herald Online, NBC, Stripes, Yahoo, QC News, and WCNC.

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090 US v. Jefferson

Today’s case had all the potential in the world to fall prey to the bystander effect. A barracks dorm is, afterall, a building full of potential witnesses who might assume someone else is taking care of the problem. But perhaps there is a difference between sailors in a volunteer force and residents in an apartment building, and perhaps one group is more motivated to act, more motivated to intervene. In January 2023, when sailors heard blood curdling screams in the barracks, they called 911. Unfortunately, it doesn’t seem like summoning emergency services was enough to prevent a violent and prolonged sexual assault.

I relied on articles from KWTX (1)(2), Freestone County Times, Yahoo, 10 news, Law and Crime, and Crime Online.

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