I prosecuted my first court martial last Wednesday. I served as Trial Counsel (the primary prosecutor) for the entire court, from receiving the Report of Investigation this summer to giving the sentencing argument. To work a case like that, from start to finish, was an incredible experience. From the Government's perspective, the court went very well. The Accused was convicted and received sentence that was exactly in line with what we asked for in the sentencing augment (and that exceeded our own practical/pessimistic expectations).
Admittedly, it was not a complex court martial by any means. There were no curveball issues with witnesses, evidence, or motions. That said, there were still plenty of things I could have screwed up that thankfully I didn't. I'm counting that as a win.
A court martial is truly an office-wide collaborative effort. There is no way anyone could truly use the first person singular in referring to a court martial victory. I was continually picking the brains of the more senior captains on their trial experiences. My Chief of Military Justice ensured that I did not miss any of the "little things" like case docketing, discovery deadlines, or key evidentiary considerations. The paralegals and attorneys in General Law picked up the slack in terms of my workload so I could focus on court prep. The Military Justice paralegals adroitly handled the Herculean level of work that goes into actually making the court martial happen. I am and will remain immensely grateful to everyone that went above and beyond to see that the court went successfully.
A number of my posts have alluded to the fact that my role as a Section Chief in General Law has had a steep learning curve. I have never felt that JASOC failed me in this respect; there is simply no way to comprehensively prepare someone for the infinitely variable civil law issues that exist in a base with 5 Wings and 10,000 people. I must give credit where credit is due in regard to the military justice training I received. I was totally prepared for this court in regard to the mechanics of a court martial. From the preferral of charges to entering sentencing exhibits, it all felt familiar. Truly, the actual court proceeding was probably the least stressful element of the entire experience. So, props to the JAG School. May they continue to produce many more First Lieutenants/Captains that successfully avoid any humiliating moments in their first court.
The one moment I know I will remember in regard to this trial oddly enough occurred nearly an hour after the sentence was handed down. When confinement is a possible sentence in a case, Security Forces is present at the trial so the Accused can be taken into custody if confinement is adjudged. As confinement was part of the sentence in my court, SF was there to do just that. The surprising/memorable aspect was that they brought full body restraints. Handcuffs, leg irons, etc. It is standard procedure at a number of bases in light of the unpredictable behavior that can come following being convicted and sentenced. Standard procedure or not, it impossible to articulate what it is like to actually see that for the first time.
The trial was all about taking the abstract and turning it into reality. The Military Rules of Evidence were actually being used to enter evidence. The Accused was no longer a mere name on hundreds of pieces of paper, but now had a corporeal form with a family watching from the gallery. Confinement was no longer merely something I was arguing for during sentencing, it was heavy metal restraints. Winning the court was, in the first moments, initially satisfying in that intellectual/academic achievement sense, like acing a law final. The reality was something else as the Accused, now a Federal convict, was shackled and led shuffling out of the courtroom. After years spent in school, that moment was the first time I truly recognized that this is now the real world and I am playing for keeps.
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