May 12, 2010
The Army has set a date for LTC Lakin’s preliminary hearing:
Friday, June 11, 9 am
Walter Reed Army Medical Center
Building T-2, Room 134
Open to the public
It’s called an “Article 32 Investigation” as spelled out in the Uniform Code of Military Justice.
UCMJ 832. ARTiCLE. 32. INVESTIGATION: [emphasis added]
(a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section.
Note that barry is not named in the charges – nor is his eligibility. And the likelihood of barry’s original birth certificate being released – voluntarily or through subpoena is ZERO.
Thus, there really is no chance of LTC Lakin beating the charges because he does freely admit he could not deploy, did not deploy, and failed ot obey his direct orders to deploy – the basis of the charges against him.
(b) At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
Not relevant to LTC Lakin’s case.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
Seems to guard against a “mistrial”.
(d) The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error.
Commanding Officer: Col Gordon Roberts
Investigating Officer: LTC Daniel J Driscoll
US ARMY Trial Defense Service: Matthew J Kemkes
Defense funded by American Patriot Foundation
Lakin’s civilian attorney: Paul Jensen
Assisting Jensen: an unnamed “very experienced senior member of the Army’s Judge Advocate General’s corps”.
COPY OF LETTER FOLLOWS
Source: American Patriot Foundation
Dated May 7, 2010