View Full Version : Jurors say soldier not guilty of murder, mutilation
BMT (RIP)
02-25-2009, 16:31
:lifter
:lifter
http://www.fayobserver.com/article?id=319549
BMT
http://www.fayobserver.com/article?id=319549
Rebutting Conormon’s remarks, prosecuting lawyer Capt. Christopher Harry said Newell’s story is one of convenience.
“On March 5, he appointed himself judge, jury and executioner and on that day, he became a murderer,” Harry said.
BMT
IMHO, on March 5th, a HERO acted!!!:)
Thank You for Your service Sir, and for keeping the terrorists out of the U.S.!:lifter
Holly
:D:lifter:D:lifter
Congratulations MSG Newell..
Thanks you for your sacrifices..
Warrior-Mentor
02-25-2009, 17:05
Sleep well tonite Joe.
Green Beret not guilty of murder in Afghan's deathBy ESTES THOMPSON – 46 minutes ago
FORT BRAGG, N.C. (AP) — A military jury has found a veteran Green Beret not guilty of premeditated murder and mutilation in the death of an Afghan man.
Army Special Forces Master Sgt. Joseph Newell of Tecumseh, Mich., was charged in the March 2008 shooting in southern Afghanistan.
The jury at Fort Bragg, N.C., began deliberating Wednesday after hearing closing arguments.
Newell had testified that he shot the unidentified man twice with his rifle after the man lunged at him during questioning. Newell said he had stopped the suspected Taliban insurgent's vehicle after it appeared he was watching the convoy and communicating with other Taliban.
Prosecutors said Newell was not in danger at the time and that he also cut off the Afghan man's ear. Newell had faced a life sentence.
That's great news. I'm glad there was a just and favorable outcome.
:lifter The Warrior Gods were listening! :lifter
Congrats MSG Newell and thank you for your service!!!!
(where's the celebration party?;))
Congrads Joe... It is time to relax with the family and unwind.
Good luck and take it easy.
I'm so very happy for you MSG Newell, congrats!
Eagle5US
02-25-2009, 19:12
That freakin ROCKS!!!!!:lifter
Tremendous outcome!
Eagle
JihadJilson
02-25-2009, 19:17
Congrats MSG Newell, I am happy for you and yours. Just as with the Pre-meditated murder charge CPT Dave Staffel and MSG Troy Anderson faced in 2007, thank god the good guys win out. I wish our superiors would quit charging our soldiers for killing bad guys and second guessing our soldiers actions from the rear.
Dragbag036
02-25-2009, 19:23
Good deal, now Joe be at ease and screw those that would give an afghan the upper hand on an AMERICAN!
Sad that this had to play out in public.
Never sits well with me that accusers remain anonymous while those judged innocent have their name in the media.
ZonieDiver
02-25-2009, 19:52
Congratulations, MSG Newell!
Military judge Col. Patrick Parrish instructed jurors that if they found Newell not guilty of premeditated murder, they would need to consider the lesser charge of non-premeditated murder.
Does this mean that he is still not cleared?
Does this mean that he is still not cleared?
The article said "not guilty on all counts", so I'm guessing he's fully cleared.
I'm glad he was found innocent. The Mahmudiyah killings resurrected the Vietnam-era slanders against our armed forces in my hometown for a time (not that I was alive for the Vietnam era, but my parents were). It's good to see ammunition denied to uniform-haters.
Abu Jack
02-26-2009, 06:55
Congrats, Joe!
The article said "not guilty on all counts", so I'm guessing he's fully cleared.
I understand what the article said. What I don't know is if they can come back and charge him with non-premeditated murder and make him go through this whole thing over again.
I understand what the article said. What I don't know is if they can come back and charge him with non-premeditated murder and make him go through this whole thing over again.
We're guaranteed against double jeopardy, so unless my understanding of that legal principle is way off-base, he's golden.
My understanding of the legal system is that though they found him innocent of the charge which was brought against him, they could have returned the verdict of guilty of non-premeditated murder. However, they found him not guilty on all counts, which means they considered both the primary count and the lesser count and found him not guilty of anything. Since we have constitutional guarantee against double jeopardy, he cannot be tried twice for the same alleged crime.
The Reaper
02-26-2009, 09:20
We're guaranteed against double jeopardy, so unless my understanding of that legal principle is way off-base, he's golden.
My understanding of the legal system is that though they found him innocent of the charge which was brought against him, they could have returned the verdict of guilty of non-premeditated murder. However, they found him not guilty on all counts, which means they considered both the primary count and the lesser count and found him not guilty of anything. Since we have constitutional guarantee against double jeopardy, he cannot be tried twice for the same alleged crime.
Unless you are a former JAG, or have a law degree (and some members here do), I would avoid dispensing legal opinions.
Military law, and civilian law, are not identical.
TR
D9 (RIP)
02-26-2009, 13:19
Sad that this had to play out in public.
Never sits well with me that accusers remain anonymous while those judged innocent have their name in the media.
I wouldn't imagine the accusers are anonymous within the Group, and that's where it counts.
Congratulations, and good news!
Military law, and civilian law, are not identical.
TR
Thank you, TR. That was in fact the reason for my question.
Great news. Congrats, MSG Newell.
greenberetTFS
02-26-2009, 13:36
It is good news that Joe got off. My concern is those QP's who I thought witnessed against him........:(
GB TFS :munchin
I talked to a former JAG officer and this is what he said regarding double jeopardy. He wasn't aware of the details of this case, but this was his generic reply.
----------------
Correct, There should be no re-trial since he was acquitted. Double jeopardy is called Former jeopardy in the UCMJ. He should be clear "criminally" in this case, but there can still be some administrative punishment. This could be corrective learning, discharge or a multitude of other administrative punishments. That would not include jail time.
Here is Article 44 which holds Former Jeopardy.
§ 844. Art. 44. Former jeopardy
(a) No person may, without his consent, be tried a second time
for the same offense.
(b) No proceeding in which an accused has been found guilty by
court-martial upon any charge or specification is a trial in the
sense of this article until the finding of guilty has become final
after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but
before a finding, is dismissed or terminated by the convening
authority or on motion of the prosecution for failure of available
evidence or witnesses without any fault of the accused is a trial in
the sense of this article.
Here is a link to the UCMJ code if you want to see the entire context
Article 44 (http://www.military-network.com/main_ucmj/SUBCHAPTERVII.html#844.44)
Thank you for going to the trouble! :) I am glad this is over for MSG Newell.
joenewell
03-03-2009, 19:48
I want to say thank you to all of those who supported me with good wishes over the preceding 12 months. Thank you for keeping my head up.
Joe
joenewell
03-03-2009, 19:50
BTW,
The jury had to consider the lesser included offense of murder (without premeditation) if they felt i was not guilty of premeditated murder. I was found innocent of three charges, not two. I cannot ever be tried again for what was alleged on Mar 4 last year.
Joe
Team Sergeant
03-04-2009, 09:56
BTW,
The jury had to consider the lesser included offense of murder (without premeditation) if they felt i was not guilty of premeditated murder. I was found innocent of three charges, not two. I cannot ever be tried again for what was alleged on Mar 4 last year.
Joe
Congrats Joe.
And Welcome aboard.
TS
Rob_0811
03-04-2009, 12:15
BTW,
The jury had to consider the lesser included offense of murder (without premeditation) if they felt i was not guilty of premeditated murder. I was found innocent of three charges, not two. I cannot ever be tried again for what was alleged on Mar 4 last year.
Joe
Congrats MSG Newell.
I wish you had not been put through all of that, but I'm glad justice was done in the end.
I wish you well.
Rob
I want to say thank you to all of those who supported me with good wishes over the preceding 12 months. Thank you for keeping my head up.
Joe
Nice to be able to personally congratulate you, MSG Newell. Be well and take good care.
mark46th
03-04-2009, 21:58
Congrats MSG Newell!! Shame on whoever pressed charges. They are without honor.
BTW,
The jury had to consider the lesser included offense of murder (without premeditation) if they felt i was not guilty of premeditated murder. I was found innocent of three charges, not two. I cannot ever be tried again for what was alleged on Mar 4 last year.
Joe
I am very glad they will not be able to put you and your family through all of this again. When I read the article that one sentence instilled a sense of dread for you and your family. I couldn't imagine going through all of this once let alone twice.
RogerThis
03-06-2009, 23:39
MSG Newell,
I have been keeping up with your case through Army Times since it began.
I was very relieved to hear of the outcome. In fact, after reading the outcome, I immediately told all the guys at work even though none of them had a clue.
Thank you very very much for the sacrifices you have made. Your service is greatly appreciated.
I want to say thank you to all of those who supported me with good wishes over the preceding 12 months. Thank you for keeping my head up.
Joe
And Thank you for your service.. :lifter
CoLawman
03-07-2009, 08:17
Well done MSG Newell, and to your attorney who deserves a standing ovation as well!
greenberetTFS
03-07-2009, 11:27
Great news MSG Newell,.......................:D
GB TFS
A triumph of the "man in the arena" over the neysayers in ivory towers. Congrats.
x/S
Welcome Home!!!!!!!!!!!!!!!!!