By Sgt. Merrion LaSonde
TAJI, Iraq -- Watching a defendant being questioned in a military courtroom on the television show JAG can be very entertaining. But, in real life, it is a different story. When a Soldier at Camp Taji is facing punitive action, they can take heart in knowing that Capt. Marci Pettay, Trial Defense Counsel, is there to help.
"I'm active duty, but I don't belong to any unit in the Army," Pettay said. "Part of the reason for that is if we belonged to say the 1st [Cavalry Division Judge advocate general] office then we would be limited in the clients we could see. Thus, keeping us separate from any units allows me to do my job. Most importantly, remaining separate from the Soldiers" units lets my clients know that we share an attorney-client relationship and that I represent them, not the command."
Pettay's area of operations covers Afghanistan, Kuwait and Iraq. Like her legal counterparts, Pettay was deployed as a single element. Stationed on Fort Hood, Texas, and ready to travel throughout her region, she will be based out of Camp Taji for approximately two more months, at which time she will be replaced by another TDS.
"Most of my trials are in Baghdad," Pettay said. "I have several clients on other [Forward Operating Bases] as well, [and ] I travel to my clients and to the crime scenes."
The office at Camp Taji is where Pettay and her paralegal, Spc. Landon Green, advise clients of their rights and perform the research necessary for up-coming cases. Pettay handles a broad spectrum of cases from insubordination and larceny to Rules of Engagement violations and rape.
"We have priority one and priority two cases," Pettay said. "Priority one are courts martial and range from special to general. That is where a Soldier is actually facing a federal conviction with a trial before a judge. Priority two are suspect rights, Article 15 and Chapter clients.
If a Soldier is afraid that they could be court martialed or that they might have done something wrong and they want to talk to an attorney, they can come in and ask me "what do I do?" If [ the Criminal Investigation Division] or a Soldier's command wants to question them and they have been read their rights, they can invoke their Article 31 rights and come see me about their right to remain silent. We can discuss whether or not it is appropriate for them to make a statement."
A barred attorney in Maryland, who calls Cape Cod, Mass. home, Pettay has been in the JAG corps for nearly six years. "To be a JAG officer, you have to be a barred attorney. I was offered my commission while in law school. After I graduated law school and passed the bar, I was allowed to report for [the Officer Basic Course]. If you don't pass the bar, you are not invited to accept your commission."
As in most cases, Pettay was a prosecutor before she was a defense counsel. "It is preferable to have someone in defense litigation that has experience as a prosecutor," she said. "If you make mistakes as a prosecutor, it is the government that loses. But, if you make mistakes as a defense counsel that could mean someone's life."
Pettay explained the differences between being a prosecutor and a defense counsel are many. "As a prosecutor you work very closely with CID and the [Military Police]. As a prosecutor, the legal burden in a case is on you. You are also responsible for everything from presenting your case to ensuring the witnesses show up," Pettay said.
"As a defense counsel, it is pure legal work. The burden is on the government and you poke holes in what they try and throw at you. They are very different crafts. On the other hand, as a defense counsel, there is more weight on your shoulders because you have someone's life in your hands. I find both fields very interesting, but I am glad I was a prosecutor first, because now I know the system.
"Of the things that Pettay would want the Soldiers facing punitive action to know, foremost is the fact that she and the members of her office are there for them."We are available to them," Pettay said.
"This is a service the Army provides. When they come in my office they can expect a straight shooter. I will defend them vehemently, but I will also tell them how it is and where they stand. Part of what I do is force the government to live up to their standards. They wrote the rules. If they don't play by them, I am going to catch them at it. I defend individuals, but part of my job is to keep the system honest.
Sometimes we are the lone rangers out there that not everyone loves because we are "fighting the command", but in reality when you have an organization like us it forces everyone to stick to the rules. At the end of the day, that protects everyone."
| Date Taken: | 09.16.2004 |
| Date Posted: | 09.16.2004 10:17 |
| Story ID: | 379 |
| Location: | TAJI, IQ |
| Web Views: | 195 |
| Downloads: | 27 |
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