Jurors say soldier not guilty of murder, mutilation - Page 2

Abu Jack · 02-26-2009, 06:55

Congrats, Joe!

HQ6 · 02-26-2009, 08:29

Quote:

Originally Posted by Kosta

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.

Kosta · 02-26-2009, 09:13

Quote:

Originally Posted by HQ6

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

Quote:

Originally Posted by Kosta

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

Quote:

Originally Posted by abc_123

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!

HQ6 · 02-26-2009, 13:22

Quote:

Originally Posted by The Reaper

Military law, and civilian law, are not identical.

TR

Thank you, TR. That was in fact the reason for my question.

LR27 · 02-26-2009, 13:27

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

koz · 02-26-2009, 17:08

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.

koz · 02-26-2009, 17:11

Here is a link to the UCMJ code if you want to see the entire context

Article 44

HQ6 · 02-26-2009, 19:20

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

Quote:

Originally Posted by joenewell

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

Quote:

Originally Posted by joenewell

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