Pardon for Army Lt

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We’d have to read the legal brief they signed in his support to really understand what was at play
 
Ridgerunner said:
Plea bargains are always to be questioned.

But regardless, the prosecution hid exculpatory evidence from the triers of fact. That should always be reversed in our justice system.
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Let’s assume for a second that the prosecutor hid evidence that would have been exculpatory (I don’t accept this on its face because defense lawyers always claim their client is innocent and frequently make up bogus stories that don’t have to be proven), even then the soldier is still guilty of the lesser included offense of negligent homicide given the other facts of the case which are not in question (which I stated at the outset).
 
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The article says the prosecutors did. I don’t presently have any other source of information about that. If so, the verdict is a fraud on the court and it shouldn’t be allowed to stand.

And settling for “second best” punishment if the man wasn’t guilty isn’t just either.
 
First of all, the statement you made is that exculpatory evidence was withheld (again, I don’t necessarily take the defense lawyer’s word for this particularly since there has been over 6 years for this to play out in appeals courts, and because within the military system of jurisprudence there is an automatic review of a case’s findings even before it reaches a judicial appeals court and that the verdict can be overturned by a general officer). Exculpatory evidence does not speak to guilt or innocence of the crime. The crime was rightly adjudicated against the soldier given the evidence provided at his trial. Exculpatory evidence is evidence provided to justify a lighter sentence given the court’s previous finding of a guilty verdict. Also, it is perfectly within the realm of acceptable for both civilian and military criminal proceedings to find an accused person guilty of a lesser included offense if the evidence dictates. This is common in our justice system. Again, the military judicial system is actually more benevolent toward the defendant than the criminal courts are in the civilian world.
 
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Thankful for the brave men and women that serve in our Armed Forces - they have been subjected to much suffering dealing with an enemy that hides among their people without courage and honor. Behenna served well and killed the enemy that he was sent to identify and destroy. May he resume his personal and family life in peace and know that he has been recognized with honor and appreciation by his countrymen and fellow brothers in arms.
 
Ridgerunner said:
No it isn’t. But the prosecutor has an absolute duty to turn over any exculpatory evidence it has or discovers to the defense. That’s really basic, a
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You have not established that this was not done. In fact, since this was the posture of the defense it is implausible in the extreme that the defense did not know of the poature.

You have also not established that such evidentiary rules apply in courts-marital.
Ridgerunner said:
The article says the prosecutors did
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No it does not,
 
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So did Bradley Manning, and in doing so, took a risk with national security. So did Brad Bergdahl. Neither is in jail for disobeying orders.
 
dvdjs said:
You have not established that this was not done. In fact, since this was the posture of the defense it is implausible in the extreme that the defense did not know of the poature.
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The expert for the prosecution agreed with the evidence for self defense, and they failed to share.
All very plausible since it happened.
 
Theo520 said:
The expert for the prosecution agreed with the evidence for self defense, and they failed to share.
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Such claims are made by advocates in the article. What are the actual facts?
Moreover, what validity is there to a self-defense claim in this situation?

A person, unlawfully detained and unlawfully threatened at gunpoint tries to extricate himself from the situation. That makes your shooting self-defence? Does that also apply to killing cops in a shoot-out?

A decision that the actions of the victim are irrelevant to the charge of unpremeditated (felony) murder makes perfect sense. Just as, in our adversarial justice system, efforts by the defense to make some claim of self-defense, however specious.
 
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Ignoring, of course, the exculpatory evidence (which you don’t know) that might change the whole picture. I realize there is a temptation on the part of some to claim they know everything there is to know if the occasion is condemning Trump. But the reality here is that there is evidence not known to any poster here, which many people of consequence, including former generals and admirals and the governor of Oklahoma have said exonerates Behenna.

Maybe it does and maybe it doesn’t, but nobody on here knows one way or the other.
 
You certainly spend enough of your time criticizing him to make one wonder about that.
 
Ridgerunner said:
Ignoring, of course, the exculpatory evidence
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Put up this exculpatory evidence that you refer to over and over. Does it exculpate disobeying orders, unlawful detention?
Just what is this evidence that you have?
 
There are a couple of reason for having this terrorist strip. Suicide vests are very common, weapons are concealed, and the mental stress of being naked contributes to being under control, less inclination to run! When a military person captures the individual matching the identity of the attacker responsible for the deaths of his troops, it is his duty to use all his combat skills in the capture.
Your criticism is unwarranted, unfounded and insulting to the US Armed Forces who have been fighting 5th century throwbacks. You are not American and you are addressing your comments to a majority of American members of a discussion forum. Please keep it in mind because most of your posts manage to be on the borderline. Not wishing to be mistaken in regards to your intentions but your statement that uses “brings your armed forces into disrepute” is offensive.
 
It’s possible that hiding exculpatory evidence is not prohibited in Ireland. The evidence itself is not stated in the article, and unless someone in this thread has access to it (none has said so thus far) then nobody in this thread has any basis to either declare Behenna guilty or innocent.

But the immediate question is whether the prosecutor hid exculpatory evidence that can result in vacating the sentence in some manner. If one credits the article, it did. Nobody here knows anything more enlightening than that.
 
Nobody in this thread knows whether he was guilty or not. From the article:

“Oklahoma Attorney General Mike Hunter initially requested a pardon for Behenna in February 2018 and renewed his request last month. Hunter said he believed Behenna’s conviction was unjustified because of erroneous jury instructions and the failure of prosecutors to turn over evidence supporting a self-defense claim. The White House statement said that former Oklahoma Gov. Mary Fallin and “numerous members” of Oklahoma’s congressional delegation had also expressed support for Behenna.”

Both are classic bases for overturning convictions.
 
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sallybutler said:
Since he was convicted, that means he was legally guilty.
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Except that appeals courts vacate judgments all the time for these very things. We really shouldn’t readily accept prosecutorial misconduct and courts usually won’t unless it’s discovered too late.

Many, many, many judgments are thrown out for improper jury instructions too. Did you ever read any of them? A crucial defense element left out can change everything. Typically, they go something like:

“If you believe X, you must believe Y”
“Unless you believe Z”

If you leave out the part about Z it all changes.
 
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