Podcast – Page 6 – Conduct Unbecoming

032 US v. Becker

In the old cobblestone streets of Mons, Belgium, Lieutenant Becker and his wife had an opportunity to start fresh. They were thousands of miles from their family and friends and, when faced with the stress of moving overseas, they could either lean on one another… or separate. When it became clear that leaning on one another wasn’t an option, they began to unpick their lives and separate from one another. But for Lieutenant Becker, his wife living separately wasn’t an option.

I relied on the NMCCA opinions (2021)(2023), the CAAF opinion (2021), and a portion of the certified record of trial. You can also find the case summaries (1)(2) and oral argument (1)(2) for a deeper dive.

I referenced information from the Navy Times, an evidence law blog, Military.com, Stripes, Daily Mail, and the San Diego Union Tribune.

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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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.

031 US v. Daddario

It’s a tale as old as time: boy meets girl, boy beats girl. One in four women experience domestic or intimate partner violence, but it’s a statistic that may be a little misleading. It certainly doesn’t mean that one in four men commit domestic violence.

Staff Sergeant Daddario, for instance, got violent with at least three women in under a year.

I relied on the AFCCA opinion and brief.

I referenced information from Hill Air Force Base, Diesel Tech Magazine, CAWC.org, the VA’s mental health website, the Rules for Courts-Martial, and Alliance For Hope.

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030 US v. Tucker

While I was in college, our sorority traveled for an out-of-town vaguely sporty event held on the beaches of Santa Barbara, California. We were assigned a coach from the host organization who somehow knew even less about the sport than we did and whose sole task seemed to be encouraging us to drink alcohol. It was seven AM. When we arrived at the venue, it was kind of a relief to discover a series of rent-a-fence panels blocking participants from accessing the surf. We watched one attendee’s absolute meltdown because she was not permitted beyond the fence and into the water. Fortunately, She had a firm rule imposed on the event: no drunk people in the ocean. Seamen Tucker and Kelch were not so lucky.

I relied on the CGCCA opinion.

I referenced articles from Stripes, Navy Times (1)(2), WHSV, the San Diego Union Tribune, CBS (1)(2), Alaska Public, KUCB, Task and Purpose, and Military.com. I also referenced Article 134 of the UCMJ.

To support families like the Kelch Family, please consider the Coast Guard Foundation.

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029 US v. Craig

Before we got hitched, married friends of ours sat us down and warned us about the perils of moving in with one another. They described the challenges they faced when they first moved in together and it was only after they worked through the stressors of change that they felt confident enough to tie the knot. I give a similar chat to friends who are getting serious in relationships, but I’ve tailored it. I tell people that if they can build flat pack furniture together without anyone crying or shouting, they’re probably going to be alright. And maybe that’s the danger of rushed military marriages: young enlisted servicemembers must live in the fully furnished barracks.

No living together.

No flat pack furniture.

Disaster.

I relied on the ACCA opinions (Craig)(Thompson).

I referenced articles from WSAV(1)(2), CBS News, Army Times (1)(2)(3)(4), Popular Military, AP News, AJC, RMDA, Task and Purpose, Savannah Now, and Coastal Courier.

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028 US v. Metz

On Sunday mornings, we like to take our dogs for a walk to the local donut shop. It’s a nice tradition and supports a local family owned business. If you’re in the market for a Sunday morning tradition, I hope you consider ours. If that’s not your speed, I’d at least like to implore you to avoid Corporal Metz’s apparent tradition of walking into the grounds maintenance facility on base, dumping fuel throughout, lighting a match, and letting it burn.

I relied on the NMCCA opinion and the parties’ briefs to CAAF (1)(2).

I referenced information about Article 31(b) rights.

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027 US v. Lozoria

Anything can happen when people head home for a trip. Hallmark would have you believe that you’ll abandon your high power career in your new home city to fall in love with a Christmas tree farmer or hometown pastry chef. The CDC would remind you that transmission of contagious diseases increases in the winter when everyone heads indoors together and gets all cozy with one another. And Senior Airman Lozoria would, perhaps, remind you to support local small businesses, inclusive of your friendly neighborhood drug dealer.

I relied on the AFCCA opinion and Lozoria’s appellate brief.

I referenced information about LSD, Scott Air Force Base (1)(2)(3)(4), the Salem Witch Trials(1)(2)(3), and Hard Labor(1)(2)

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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026 US v. Strong

About a decade ago, as I prepared to enter the gauntlet of law school, my mom and I flew to Maui. It was a chance to relax before three years of stress culminating in the big bad Bar exam. We wanted to see the island from the top of Haleakala and made our way up the sometimes narrow, sometimes cliffside path. We found the occasional switch back navigable but we went slow and hugged the center line… when it was visible. Our path was much less treacherous than the switchbacks near Camp Natural Bridge and, unfortunately, we exercised a lot more care than Staff Sergeant Strong as we navigated up the mountain.

I relied on the ACCA appellate opinion as well as some of the briefs filed in the matter (1)(2)(3). Some additional procedural information is accessible on CAAF’s journal (1)(2).

I referenced information from: CBS News, Army Times (1)(2)(3)(4)(5), NY Post (1)(2), NY Times (1)(2), Stripes, Task and Purpose, AP News (1)(2), LoHud, Record Online, Atlanta Journal Constitution, NJ.com, Patch.com, Faraday bags, and the Carpenter SCOTUS opinion.

To learn more about the Christopher “CJ” Morgan Memorial Foundation, please visit cjmorganfoundation.org.

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

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.

Links to Listen:

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