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    U.S. Court of Appeals for the Armed Forces hears case, holds 'project outreach' at Scott AFB

    U.S. Court of Appeals for the Armed Forces hears case, holds 'project outreach' at Scott AFB

    Photo By Scott Sturkol | An audience member asks a question to one of the five judges from the U.S. Court of...... read more read more

    SCOTT AIR FORCE BASE, Ill. -- Judges and counsel with the U.S. Court of Appeals for the Armed Forces held court in Air Mobility Command's Global Reach Planning Center, Nov. 3, as part of a "project outreach." For an hour, the GRPC became a federal courthouse where military lawyers argued an actual case.

    "This [project outreach effort] has been going on for about 20 years now," said former Senior Judge Walter T. Cox III, who served as one of the judges on case where he filled a vacancy on the bench. "It's been very beneficial to everyone who has participated."

    The U.S. Court of Appeals for the Armed Forces, which normally holds court in Washington, D.C., exercises worldwide appellate jurisdiction over members of the Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed to 15-year terms by the President with the advice and consent of the U.S. Senate.

    Judges who came for the case at Scott AFB included Senior Judge Cox, Judge Margaret A. Ryan, Judge Scott W. Stucky, Judge Charles E. Erdmann and Chief Judge James E. Baker. The court came to Scott AFB as part of a visit coordinated by the Headquarters AMC Office of the Staff Judge Advocate and the 375th Air Mobility Wing legal office.

    The appeals case they heard was for Marine Pvt. Joshua Fry who was found guilty of charges of fraudulent enlistment, unauthorized absences and possession of child pornography at a 2009 general court-martial.

    "The issue in this case -- did the U.S. military have the authority to court-martial Private Fry, or was his enlistment in the U.S. Marine Corps void from the outset because he lacked the capacity to enter into contracts for himself?" said Lt. Col. Mynda Ohman of AMC/JA.

    "Prior to Joshua's entry into the USMC in 2008, his grandmother had obtained a 'limited conservatorship' from a California court that gave the grandmother the right to enter into contracts on Joshua's behalf," Ohman said describing facts from the case. "Yet, despite a history of emotional and behavioral problems, Joshua wanted to join the military. He contacted a USMC recruiter, enlisted and eventually graduated from boot camp."

    Once on active duty, Fry disclosed he had autism, Ohman noted. The Marine Corps also discovered that he did not disclose on his medical history that he'd been evaluated and treated for a mental condition or that he was receiving disability compensation. Those infractions eventually led to Fry's court-martial.

    To get to the U.S. Court of Appeals for the Armed Forces, Fry's case went through the Navy-Marine Corps Court of Criminal Appeals. Prior to the hearing, Capt.'s Scott Welch and Tania Bryant from the 375th AMW legal office explained how the process worked in a briefing about how cases get to the highest U.S. military appeals court.

    Bryant noted how each branch of service has its own court of criminal appeals to include the Army, Navy, Air Force and Coast Guard. The Marine Corps shares the Service appellate court with the Navy. From there, cases from all services can be appealed to the U.S. Court of Appeals for the Armed Forces.

    "If the case gets unresolved at [the U.S. Court of Appeals for the Armed Forces], service members have one more court to hear their case - the U.S. Supreme Court," Bryant said.

    During the official hearing, the prosecution and defense each had 20 minutes where they presented their arguments to the Court. Throughout the session, the judges asked many questions of the lawyers presenting their cases. In the end, a ruling will be made by the Court at a future date as they review the information presented.

    Following the hearing, the judges held a question and answer period for the nearly 100 people in attendance from the military and civilian community. Some of the attendees included legal professionals in the greater Saint Louis area and several asked questions of the judges.

    One overall goal of the outreach effort by the U.S. Court of Appeals for the Armed Forces was to inform the military members of the legal protections given to them under the Uniform Code of Military Justice.

    "When I was an infantry officer, I had never heard of this court," Baker said. "I didn't know there was a civilian court that provided civilian oversight of the military justice system. One of our goals in taking this outside of Washington is to expose a larger audience to the military appellate system."

    Baker added outreach visits such as the Scott AFB visit are a "two-way street." Not only does it allow people to see a military appeals court in action, it also allows the judges to interact with the military members they serve.

    "This is a great way to meet people, talk to people, and get some feedback...it's a very productive effort," Baker said.

    For more about the U.S. Court of Appeals for the Armed Forces, visit their Web site at www.armfor.uscourts.gov

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    NEWS INFO

    Date Taken: 11.09.2011
    Date Posted: 11.09.2011 16:38
    Story ID: 79809
    Location: SCOTT AIR FORCE BASE, IL, US

    Web Views: 159
    Downloads: 0

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