Monday, August 24, 2009

An interesting story on CAAFLOG

I was checking up on things here and found this blog post about a story out of San Diego County, CA. I was amazed at the stuff included. Apparently there's been a significant rise in sexual assault cases on the west coast, and I mean a 14% increase over a year. I read it over and thought i'd add my two cents worth.

http://www.caaflog.com/2009/08/11/san-diego-union-tribune-finds-14-annual-rise-in-west-coast-don-sexual-assault-courts-martial/#comment-9128

Thursday, August 20, 2009

Interesting facts...

I was doing more research (seems that's all I do lately) for the lawsuit I'm filing in claims court. I was looking up the MCPON's info to send him a letter, and got diverted to the Judge Advocate Generals website. The JAG instructions I found there go into greater detail than just JAGINST 5803.1C. Apparently the military made a bigger blunder that previously thought.

If you want to read some of them here they are:

OPNAVINST 1752.2B Family Advocacy Program (FAP)

http://doni.daps.dla.mil/Directives/01000%20Military%20Personnel%20Support/01-700%20Morale,%20Community%20and%20Religious%20Services/1752.2B.pdf

This on refers to DOD Directive 6400.1 FAP and several others. It has details about the FAP and their roles during an NCIS investigation of the sexual assault of a minor (NOTE: they were NEVER contacted by NCIS regarding this investigation)

COMNAVLEGSVCCOMINST 5800.1E Naval Legal Service Command Manual

http://www.jag.navy.mil/library/instructions/5800_1e.pdf

This is the Naval Legal Service Command (NLSC) Manual and covers the duties of prosecutors withing the Department of the Navy (DON). It covers the mandatory reporting requirements of the prosecution to the FAP and actions commanding officers (CO's) and officers-in-charge (OIC) of Legal Support Services (LSS). This manual clearly states that LSS has a duty to make sure all the T's are crossed and the I's dotted before taking a case to a court martial. It discusses fairness, impartiality, training and education responsibilities and ethics and standards of conduct/professional responsibility.

I wonder how this manual slipped through the fingers of Major Clay Plummer (OIC), Capt John Ellis or Lt. Michael Melocowsky???

These are just 2 of the many others I have found. All of these manuals clearly state what is supposed to happen, but didn't in Edwin's case.

Saturday, August 8, 2009

Update

Round 2 has begun.

About a year ago, I sent letters to the Commandant of the Marine Corps and was told he would not do anthing. I also sent letters to the Judge Advocate General, with the same response. Today I have just re-sent out new letters to the Commandant General James Conway, Sergeant Major of the Marine Corps Carleton W. Kent, and the Secretary of the Navy Ray Mabus. Hopefully I'll hear something from them soon.

I am still awating a response from the NCIS IG Robert Mulligan about the documents (NCIS docs, etc) that I sent him and his finding of the investigation he stated in his leter that he was going to conduct about the agent misconduct I have reported to him. It has now been almost a month since he received my certified letter-yet he has not responded.

I've also written to Senator Klobuchar and Senator Al Franken. Those letters went out today.

A friend from work, Tara, took it upon herself to write directly to the President a few weeks ago. I was a little suprised. It was after Edwin's petition for a new trial and appeal were denied and she had read the info. Actually I was really upset at work and she went outside with me so I could scream at someone. Needless to say, she got angry and told me she was going to do something but didn't want to say anything until it was already done. She is in the process of doing some other things as well and is waiting a response. She told me that she didn't want me to feel as if I was doing this alone.

I'll update more when I finally get some responses.

Saturday, August 1, 2009

Lt Melocowsky, Detailed Defense Counsel? Or Prosecution in Disguise?

Today, I sent an e-mail to Lt Michael Melocowsky. Lt Melocowsky was the detailed defense counsel that was assigned to Edwin's case in 2007. I met Lt Melocowsky the first day of Edwin's trial on August 20, 2007. I was not impressed. He was not as forthcoming as I would have thought and seemed disinterested in the case as a whole. He and Lt Gonzales, the assistant defense counsel, met us at 8am that morning outside of the court house.

We all, Lt Melocowsky, Lt Gonzales, myself, Edwin, Edwin's mother Elizabeth, Edwin's father Ed, and John, talked briefly outside and then entered the building. It seemed to me anyway, like Lt Melocowsky went through the motions of the trial that day but really didn't give a damn. I'll explain why.

After the prosecution rested the first day of the trial, the military judge Major Kasprsyk, told the defense that he expected a motion to dismiss all remaining charges on his desk the next morning. When we left the building, we were standing outside by my truck (I drove from Minnesota to California with my mom and 2 small children because the government refused to pay for my flight) and Capt Ellis, the trial counsel, walked up to our group and said that we (meaning the defense) had won. Lt Melocowsky took Capt Ellis down the parking lot away from us and talked to him. When he came back to the truck Lt Melocowsky and Lt Gonzales gave Edwin a website to look at and told him to "pack like he was going to the brig the next morning". Then they said they were going to do some stuff overnight and wanted us to meet them back at the building at 8:30am because they had a morning meeting.

Apparently they had a C.Y.A. (cover your ass) meeting in the judges chambers because, wouldn't you know it, as soon as the trial began that day, Major Kasprzyck (knowing that the day before Stacey lied because he impeached her statements at trial, and her daughter changed her story drastically and the government was dropping charges left and right) got on the stand and told the defense he denied all motions to dismiss the charges. Major Kasprzyck then stated that he was finding Edwin guilty and sentenced him to 25 years-with no evidence!!!!!!

The Government only has an inconsistent child's testimony, an NCIS agent that wouldn't know the truth if it bit him in the ass (and by the way it was mentioned at trial that he looked like an Al Qaeda operative) and the lies that Paul (the child father) told.

I asked Lt Melocowsky in the e-mail if he actually read over the case file and if he did any research himself. I also let him know that he failed to bring up the fact that Paul lied and NCIS violated state and federal laws. I also mentioned DoD Directive 6400.1 FAP which was overlooked.

I also questioned his reasoning as to why the witness who was present when Stacey told her child to blame Edwin, did not testify for the defense. I happen to know that the reason she didn't testify for the prosecution was because she wouldn't change her story to match that of Paul, Stacey and their daughter, H. Wouldn't she be an excellent witness for the defense then? I would think so.

Ineffective assistance of counsel is just one of the constitutional rights violations that the Marine Corps and the Navy have committed against Edwin.

I also at the very end of the e-mail let him know that I was filing a civil suit and naming him in it. I told him he may want to speak to Major Plummer, Major Kasprzyck, and Capt Ellis so they may have another C.Y.A. meeting about their futures in their respective fields.

I hope, when all is said and done, some of them spend time in the prisons that they so willingly put innocent people in.

I'm curious to hear his response, if he decides to give one at all.

An FYI, if you click on the Lt Melocowsky Detailed Defense Counsel? Or Prosecution in Disguise? you can view his profile at LinkedIn.