military – Page 3 – Conduct Unbecoming

062 US v. Dillenburger

I have a pretty serious food allergy – one I feel compelled to share with restaurant staff and friends we visit with. It’s deeply unfun, but the alternative is, you know, anaphylaxis. The silver lining I’ve been able to identify is that it shows me how fiercely I’m loved by family and friends, who generously announce to others at parties that they, too, are responsible for not murdering me. For my servicemember spouse, I am equally fiercely protective of what comes into our home. We live in a state where recreational marijuana use is legal. Incidental exposure is a possible risk, so, when in doubt, we abstain or throw things out. It’s hardly a sacrifice and, with our efforts combined, I stay alive and my spouse stays employed. A real win-win.

If he’s to be believed, Navy Diver First Class Dillenburger could have really benefited from similar vigilance.

My primary source for this episode was the NMCCA opinion. As promised, I’m including a link to the Mathews v. Eldridge SCOTUS opinion.

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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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.

061 US v. Hill

Eight young men started the night at various happy events, celebrating the end of an arduous week of work. Then, they clashed in an unplanned roadside encounter. Although they’d been at parties, they had at least a combined four knives between them, some brandished, some reserved. The two groups struggled to find common ground in what had become a racially charged atmosphere. Fortunately, they found their common thread and the tension began to dissipate. Unfortunately, an intoxicated Private Hill was faster than the de-escalation and chose to strike, killing a fellow soldier.

I relied heavily on the ACCA opinion. I also referenced information from the New Tribune (1)(2), Army Times (1)(2), Military Justice for All, Reuters, Pierce County, Fox 13 Seattle, CNN, and ABC News.

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060 US v. Greene-Watson

There’s been a lot of discussion in the legal community about the culpability of those whose brains have not yet fully developed. I think that’s why college has such a deserved reputation for being formative. Your brain is still developing and you’re processing new experiences and shaping your worldview, giving you the chance to outgrow your high school, hometown self. The military offers many of America’s young women and men that same opportunity. I’d argue Senior Airman Greene-Watson didn’t make enough of that opportunity and jumped into a hasty marriage and fatherhood without dealing with his own issues around abusive power and control.

I relied heavily on the AFCCA and CAAF opinions. I also referenced information from briefing on the case (1)(2)(3).

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.

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059 US v. Lovett

I’ve shared before that military moves force everyone into creating quick community ties so that everyone can keep their heads above water and feel tethered to their new duty station while they’re miles away from the comforts of wherever feels like home. Where spouses and children are moving to new places and forging new relationships… that new community, if safe, can be vital in identifying signs of abuse that would otherwise be hidden or swept under the rug by frequent disconnection and moving. In this case, a new friendship brought to light the repeated sexual abuse of a young child.

I relied heavily on the AFCCA opinion and CAAF opinions (1)(2). I’m also providing a direct link to the AFCCA’s 2002 opinions, where there really should be a second AFCCA opinion!

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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058 US v. Brassfield

When we talk about personal liberties, we necessarily carry with that discourse the question of how far our right to do something extends. To that end, a quote that has long stuck with me is from Oliver Wendel Holmes Jr., who observed that the right to swing his fist ended where another man’s nose begins.

As applied to this case, I’d suggest that the right to physically discipline your child ends well before injury begins.

I relied heavily on the ACCA opinion and referenced materials from the Military Family Advisory Network (1)(2), the US DOJ Office of Justice Programs, NPR, the American Bar Association, and Library of Congress.

For more information on domestic 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.

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057 US v. Tarin

Back in my sorority days, I often served as one of the sober sisters for events. The task was pretty simple–keeping an eye on my sisters. Sometimes it involved passing flip flops to whoever thought stilettos were danceable or a plastic bag to those who looked green around the gills on the bus ride back. We had a few sober sisters at each event, including the President, Vice President of Social Standards, volunteers, and sometimes those that required close monitoring at the previous event–sort of a take a penny leave a penny situation. But sober sisters knew they were agreeing to when they stepped aboard the bus. For people who join the military and serve as military police, the potential for doing good work is infinite. But sometimes… they’re tasked with acting as a sober sis, a babysitter for drunk people. And they certainly don’t deserve to get punched in the nose for it.

I relied heavily on the NMCCA opinion, and referenced additional material from TJAGLCS and III MEF.

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056 US v. Fat Leonard

People who were stationed in Okinawa sometime before the internet became commonplace waggle their eyebrows at you when you say you lived there. The island had a Bacchanalian reputation, known for its promise of misanthropic adventures. The appetite for easy sex, alcohol fueled parties, and cheap experiences that garnered Okinawa’s 1990s reputation didn’t go anywhere, and a rotund defense contractor that understood how to meet that appetite knew he could leverage it to make millions.

I relied heavily on the Rolling Stones article and referred to information from Wikipedia, Harvard Business School, Corruption Tracker, the Ninth Circuit Court of Appeals, NY Times, CBS (1)(2), KPBS, The Guardian, and the BBC.

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055 US v. Praefke

Every so often, I get it in my head that I need to find some hyper specific item that I know I own. The downside to living in two countries and two states in the last three years is that I can visualize the item exactly where it was in Japan or Virginia, but draw a blank for our current home. There are a few stages of looking for the object. First, I look to where items of a similar type are stored. Second, I pester my spouse and ask where it might be. Third, I start to wonder if maybe it got lost in the move, any move, and begin researching replacement if it’s something I do actually conclude I need. The fourth stage, if I reach it, is ordering a replacement. As soon as the shipping confirmation comes through, the little door in my brain safeguarding the location of said item unlocks, and as I drift off to sleep a week after I began looking for it, I remember where I’ve seen it.

That’s a system that works for me, a person that loses tangible objects. But when it’s a whole prisoner in the brig that goes missing during mealtime, it turns out there aren’t any late night realizations about where he’s located.

As promised, I’m including the link to the NCIS Wanted Page here at the top of the show notes. I also referenced articles from: Stripes, NCIS (1)(2), The News Tribune, Navy Times, WPTV, Miami Herald, Local 10, Whidbey News Times (1)(2), Seattle Times, and a strange thread on Glock Talk.

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https://open.spotify.com/episode/6QfSlaEiJUV4dG77NAidot?si=b425b5f0e52e480a

054 MI v. Hassel

You’ve made it through the hustle and bustle of the holiday season. Perhaps your season went well, there were no fights about politics, and you got to see the people you love and care for most. Perhaps your season was the exact opposite, and you’re relieved to be past Christmas and New Years, retreating from family gatherings for the foreseeable future. Wherever your holiday fell along that spectrum, if everyone made it out alive, you had a much better holiday than the Hassel family in 2018.

My primary resource in this case is the Michigan Court of Appeals opinion, as well as a few other resources from the Michigan courts. (1)(2)(3)

I also referenced details from WSBT, WNDU (1)(2), YouTube, Gazette.com, NBC News, Fox 17, M Live, AP News, WXII, ABC News (1)(2)(3), ABC 57, Army Times, WZZM, AETV, and information about battered partner syndrome.

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053 AZ v. Gooch

Four hundred years ago, the religious climate in England was tense. When colonists began moving to America, it was under the promise that they could practice their religion freely. I wish there was a deeper commitment to maintaining separation between church and state now. But the dismay I feel when I hear about mandating religious practice in public spaces apparently pales in comparison to the dismay Airman First Class Gooch felt at people quietly exercising their faith nearly 400 miles away from him.

My primary resource in this case is the Arizona Court of Appeal Opinion.

I also referenced details from Wikipedia, the Air Force Times(1)(2)(3), KNAU (1)(2), the New York Post, Fox 10, OSI and AETV.

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