I enjoyed the workplace reviews that just took place and the focus on a "better work environment" that the CSAF pushed. Then this happens and he's meeting with pissed off senators/congressfolk.

https://www.airforcetimes.com/news/2013/03/air-force-clemency-response031113w/

However this article had a little tidbit that I found interesting -

The Air Force said it has happened in sexual assault cases five times in the last five years.

Wut?

Glad to hear that congress is hard at work redesigning the military justice system which has been this way for 200+ years. Ironically, due to sequestration, the independent judicial review panel they want will be immediately furloughed, if hired at all. Thus, no more military justice system!

'The saga continues... Wu-tang... Wu-Tang...'

Glad to hear that congress is hard at work redesigning the military justice system which has been this way for 200+ years. Ironically, due to sequestration, the independent judicial review panel they want will be immediately furloughed, if hired at all. Thus, no more military justice system!

'The saga continues... Wu-tang... Wu-Tang...'

Ahem

The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951.

Ahem

"The Military Judicial Reform Act of 2013 comes a day after Secretary of Defense Chuck Hagel wrote in a letter to two senators that he has ordered a review of the Aviano case and whether it is “necessary or appropriate” to continue to allow commanders to single-handedly toss aside judge and jury findings. The process has been a part of U.S. military justice since 1775. Commanders’ decisions are final."

I meant clemency and military commander executive power specifically.

https://www.armytimes...anders-031213w/

Edit: jet lag makes it hard to think

Edited March 15, 201312 yr by Motrin

General Franklin's explanation of his decision to overturn the verdict has been posted online. I hope my bosses have this much integrity.

Edit: Dude's name.

Edited April 12, 201312 yr by Disco_Nav963

General Franklin's explanation of his decision as GMCA has been posted online. I hope my bosses have this much integrity.

FTFY

Sounds like he was saved by Mustache March! (among other things)

FTFY

Sounds like he was saved by Mustache March! (among other things)

They're not just bulletproof anymore.

The AF FOIA office has posted much of the evidential record online. Many of the letters in the clemency package are very moving, and one I thought were particularly noteworthy were written by the Aviano ADC, a Capt Jeffrey Martin, essentially accusing the lead prosecutor of misconduct—not an insignificant thing, considering that the lead prosecutor is an O-6 and the HAF's lead litigator (he detailed himself to the case). Martin also wrote a follow-up letter a couple of months ago, despite having separated from the service. That's my kind of lawyer... And having read through much of this material and watched the video of Lt Col Wilkerson's initial OSI video, I plan on never talking to OSI without a good lawyer!

This whole thing reeks of the Duke Lacrosse case.

I'm glad there's at least some leaders like Gen Franklin still out there. Roscoe got fucked plain and simple and surprisingly there was a leader who actually had balls to call bullshit. Good on the General for not only doing so, but sticking by his decision despite all the recent uproar.

And having read through much of this material and watched the video of Lt Col Wilkerson's initial OSI video, I plan on never talking to OSI without a good lawyer!

This whole thing reeks of the Duke Lacrosse case.

Sad times but you never talk to any investigative person without a lawyer, especially if you are a person of interest.

Will Lt Col. Wilkerson be able to return to work? Or has this fucked him over irrevocably?

12 AF at DM is what I've heard, but probably F'd

12 AF at DM is what I've heard, but probably F'd

But not as fucked as he was.

Still, it's not right.

Note to self: contractor, medical chick & mind altering substance....avoid at all cost!

Don't know if you remember the flight doc from the 80 FS that was convicted of rape in 2008 but had the same mix as the Wilkerson case. Dude spent 3 years in the pokey.

https://afcca.law.af.mil/content/afcca_opinions/cp/seldes-37265.u.pdf

I've worked for Lt Gen Franklin....his letter sounds like the hours we spent deliberating causes/finding/recs when he was the BP on a Class A involving fatalities.

Sh!t Hot to him for standing up for what he truley believed was right regardless of what happens to him personally.

Cheers,

Cap-10

Edited April 14, 201312 yr by Cap-10

After reading all of the FOIA information about the case, I think he made the right call. Even when his MAJCOM JAG told him to uphold the conviction. Also kudos to Capt Martin on his defense team, for personally writing a letter to Lt Gen Franklin about holes in prosecutions case and sloppy investigating of OSI.

A bit of an aside, but having read the FOIA documents...

I appreciate that it may not be something peculiar to OSI, but I was really interested to see that the accuser is constantly referred to as the VICTIM (their caps) in pre-trial documents, while the accused is referred to by his surname.

I'd be interested in knowing how the connotations of both naming approaches can possibly not influence the investigating officers, especially in a case that extends over a lengthy period.

A bit of an aside, but having read the FOIA documents...

I appreciate that it may not be something peculiar to OSI, but I was really interested to see that the accuser is constantly referred to as the VICTIM (their caps) in pre-trial documents, while the accused is referred to by his surname.

I'd be interested in knowing how the connotations of both naming approaches can possibly not influence the investigating officers, especially in a case that extends over a lengthy period.

I don't know how the Air Force works, but I believe its not uncommon for the "victim" of sexual assualt cases to have their names withheld for privacy matters in official public documents on the civilian side.

Edited April 14, 201312 yr by Fuzz

I don't know how the Air Force works, but I believe its not uncommon for the "victim" of sexual assualt cases to have their names withheld for privacy matters in official public documents on the civilian side.

How is one a "victim" until an act is substantiated? Sure seems like a prejudicial title that may sway opinions on a jury...

hence the reason I uses quotation marks in this particular situation. In the grand scheme there has to be a victim of wrong doing for a trial to take place, this person made an accusation of wrong doing and the prosecution believed it had the evidence to prove wrong doing, therefore she was a "victim". I guess you wouldn't call a person that was murdered a victim either until the person was convicted? (I understand where you are coming from with prejudicing the jury)

After reading all of the FOIA information about the case, I think he made the right call. Even when his MAJCOM JAG told him to uphold the conviction. Also kudos to Capt Martin on his defense team, for personally writing a letter to Lt Gen Franklin about holes in prosecutions case and sloppy investigating of OSI.

Perhaps I misread Gen Franklin's letter, but it seemed to me that his JAG originally told him to uphold it, but after his extensive review, even the JAG changed his mind. As has been said but is worth saying again, good on Gen Franklin. He took a big risk and it may cost him his 4th star. I hope not, but when the next list goes to the Senate, I'm sure there are some feminazis who will remember this and hold it against him. Either way, he has re-instilled a little bit of my faith in the AF.

Smokin', that's what I read as well.

If Franklin does get screwed because of this, he will be remembered as being a man of integrity and that should mean more than a fourth star!

And if that does happen, he still should remain as a case study in how real leadership works. I don't know the man but I have great respect for him after reading that letter. I don't care what rank he is, it showed a dedication to values that many just pay lip service to. It has restored my faith a little as well, but I also expect to see him pay a price for doing the right thing...

I was a jury member if a CM exactly like this one. Do not talk to anyone without a lawyer and don't let drunk chicks sleep at your house. Put them in a cab or a grocery cart or something and leave them in front of your neighbors house. Cases were very similar, except for the fact my guy was guilty as hell. Reading that letter though definitely think he was inoccent and should have just tossed her ass out and said fuck the police. Lesson learned!

Edited April 15, 201312 yr by Butters

Here is a neat legal tidbit. If you are questioned by OSI or Security Police regarding an accusation against you and at the end of the process you get an article 15, that gets reported to NCIC and is accessible by employers and state agencies for employment and licensing for the rest of your life. Even though you were not convicted in a court it gets treated that way. As opposed to a commander or IG investigation that ends in ART 15 which is not reported. So regardless of how trivial the offense if you have been questioned by OSI or SF the stakes are high even if you get an ART 15 for something that isn't even a crime in civilian life like fraternization.

I've had the pleasure to work for General Franklin before, he is an outstanding man of integrity. I believed it then and believe it even more so now.