Prosecutors Asking for Reinstatement of Charges Against War Crimes Suspect

Military prosecutors are asking the military’s highest court to reinstate the overturned conviction of a Marine who played a role in committing one of the worst war crimes to surface from the Iraq war, which involved the kidnapping and murder of an Iraqi civilian.

Last month, military judges supported Sergeant Lawrence Hutchins III’s claims that his rights were violated when he was held in solitary confinement without access to a lawyer for seven days during his 2006 interrogation in Iraq. In a motion filed last week, military prosecutors state that the Marine waived his right to counsel at the time and willfully told his side of the story without being coerced, and the prosecutors subsequently ask the court to reconsider its ruling.

The Marines’ defense lawyer has filed an opposition to the government’s motion, asking the court to summarily dismiss it and to immediately order the military to release his client.

To read more about this remarkable military court case, please click on the following link:

http://abcnews.go.com/US/wireStory/govt-asks-court-reinstate-marines-conviction-19621406 – .UeGbQaUx9SU

If you need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.

As a Military Defense Attorney, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut and Florida.

----------------------------------------------------------------------------------------

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

U.S. Soldier at Trial by Court-Martial in Afghanistan Testimonial

In September 2012, Attorney Calcagni represented a soldier in a court-martial in Afghanistan. You may read the case result HERE.

The following is a testimonial from his parent:

"My son, a U.S. Army Sergeant and Infantry Squad Leader, was accused of distributing illegal drugs in a combat zone and referred for prosecution and trial by court-martial.  While he was serving in Afghanistan, my search to find a US-based attorney that specializes in military defense and military law lead me to Attorney John L.  Calcagni III.  I remember my first encounter with Attorney Calcagni like it was yesterday.  It was a weekend, in fact, a Sunday – a time when most attorneys do not return calls.  John isn't like any attorney I've ever met before.  He not only returned my call, but he immediately engaged himself in our case.  He surgically cut through the complicated military system to make contact with my son who was stationed at a remote Forward Operating Base on the Afghanistan / Pakistan Border; tactfully planned an aggressive defense strategy on my son’s behalf; and ultimately traveled to Bagram Airfield, Afghanistan to represent my son at trial.  At all times, Attorney Calcagni was thorough, thoughtful, competent and very accessible to all of us throughout this stressful process.  Ultimately, without his involvement, our son would have served a long prison term and been discharged from the military with a punitive discharge.  John, with his vast military law background and contacts, was able to see that our son received a fair hearing and sentence that minimized his jail sentence to a matter of weeks and was retained in the military – he did not receive a Bad Conduct or Dishonorable Discharge.  Because of Attorney Calcagni’s efforts, my son will ultimately be able to leave the U.S. Army with, at a minimum, a General Discharge  Under Honorable Conditions, which allows him to retain his Veteran’s Benefits.  Our family remains confident that John is the best avenue and civilian military defense attorney available to navigate the military justice system.  John, we will always be indebted to you! Thank you again."




----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

U.S. Soldier and Parent Testimonial

A recent military criminal defense case prompted both client and a family member to write about their experience and how pleased they were with the outcome. If you are involved in a military criminal situation contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

 

From a U.S. Soldier
"John Calcagni’s professionalism, legal skills and ability to maneuver effectively throughout the U.S. Army’s legal and beaurocratic systems is a unique combination of talents that is not easily found among attorneys. I have and will continue to recommend Attorney Calcagni’s services to my fellow Rangers, Soldiers and Friends! From the bottom of a Soldier’s heart, thank you John."  – SPC K

From the U.S. Soldier's Parent
"Dear Attorney Calcagni:

I cannot thank you enough for your dedicated professionalism and immediate response to help my son who is a Specialist on active duty in the United States Army.

I was desperate to find a trusted attorney who I could retain on behalf of my son.  He had recently experienced a series of catastrophic, live altering events resulting from deployment-related mental health issues.  The most serious event was an emotional breakdown rendering him unable to continue on with military service after 5 years of continuous deployments as a U.S. Army Ranger in Special Operations.  He desperately needed to leave military service yet there was no one to turn to.  He did not have the support of his Command, leadership or even military healthcare providers in this regard.  You navigated this web of military apathy and bureaucracy to seek my son’s discharge.  Your insightful and calm actions brought results within a matter of weeks.  I truly believe it is due to your depth of experience in dealing with the highest levels of the military officials, including members of the Judge Advocate General’s Corps that brought this matter to a hasty and favorable conclusion for my son.

My son understood from his very first phone call with you that he could trust you, which brought him a tremendous measure of relief.  We had experienced a number of false starts and “gotcha moments” from the military that were debilitating to both my son and I.  You restored our hope and confidence in the system, and thereafter obtained exceptional results on our behalf, which exceeded all expectations.

Despite your heavy trial schedule - at that time - you remained diligent, in touch with my son, calming and guiding him through the process to reach the right resolution.  Your unique ability to make contacts at the highest levels of the military was invaluable.  You immediately brought about a “cease and desist” of the taunting and humiliating “meetings” and threats my Son was receiving from members of his chain of command.  With you in his corner, he felt protected and on his way to obtaining justice from the military in the form of an honorable discharge on account of his mental health issues.

Military law is a completely different world than what I have ever experienced during my thirty (30) years as a civilian lawyer.  I sensed from our first phone call that you are highly skilled in military law and advocacy and as adept in negotiation skills as any highly paid private mediator I have hired while serving as General Counsel for various large corporations throughout my career.

My son and knew when we spoke with you that you could resolve his issue, avoid him being discharged from the military in an unfavorable matter, and help to place him on the road to receiving an Honorable Discharge with resulting benefits, as he and all of our Soldiers who similarly sacrificed for our freedoms, well deserve.  Thank you for restoring hope to my family and protecting the future of my son." – Mother of SPC K

Courts-Martial

The United States military operates on many different systems, most of which function independently of those of the civilian population. One of these differences includes the legal system by which all active duty members are bound. Instead of being arrested by members of the local police department where a crime is committed, soldiers must answer to a "court-martial". A court-martial is designed to determine the guilt of members of the armed forces as well as the punishment if found guilty.

The majority of court-martial cases involve a breach of military discipline, although there are occasionally more serious offenses which are examined as well. In some countries there is no court-martial system in times of peace, and any foreign or domestic soldier is subject to that country's civilian laws.

Most individuals subject to a court-martial are U.S. active-duty military members, however; reservists, retirees, cadets, midshipmen, prisoners of war, and even civilians are subject to a court-martial if they are serving alongside our troops in the field, such as military contractors and journalists.

If you are being Court-Martialed

The military owns and operates several detainment facilities, one type of which is a penal system used to house domestic active-duty personnel convicted of a crime. Another type is designed to hold foreign "enemy combatants" where captured enemies are confined for military reasons until hostilities cease. RI Criminal Defense Attorney John Calcagni understands that even active-duty military members make mistakes, and he is prepared to give you a competent and professional representation in a military court of law. Contact Attorney John L. Calcagni now at (401) 351-5100 for a free consultation.

U.S. Army Recruiter Retained Following Administrative Separation Board

U.S. Army Sergeant First Class Recruiter, with 17 years of service, was referred for administrative separation from military service.  The Recruiter was alleged to have engaged in an inappropriate and unlawful relationship with a female recruit.  The Recruiter's Commander initiated an investigation into specific allegations the Recruiter unlawfully took the female recruit to parties; invited her to his home; spent time working out with her at a local civilian gym; and engaged in romantic relations together.  Once the recruit shipped off to basic training, the Recruiter allegedly maintained contact with her; assisted her with going AWOL; and stating lies and falsified documents to conceal the alleged misconduct.

The Commander's investigation yielded sufficient evidence, in the investigator's opinion, to substantive charges against the Recruiter for fraternizing with the recruit, making false official statements, and falsifying a leave/pass form.  The Recruiter was referred for Non-Judicial Punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ).  The Recruiter's Brigade Commander served as the Article 15 Hearing Officer.  After reviewing evidence presented by the government related to the charges, and "allegedly" reviewing exculpatory evidence submitted by the Recruiter in his behalf, the Article 15 Officer found the Recruiter guilty of all charges and specifications.  Thereafter, the Commander relieved the Recruiter from his recruiting position and referred him for administrative separation from the U.S. Army with a recommendation that his military service be characterized as Other Than Honorable (OTH).  The Recruiter demanded his right to an administrative separation board and hired Attorney John L. Calcagni III to represent him at this proceeding.

At the hearing, the government relied upon both the recruiter's Article 15 convictions and related evidence to support the government’s request that the Recruiter be discharged from military service with an OTH.  Attorney Calcagni delicately cross-examined each of three government witnesses, all whom testified that the Recruiter had committed inexcusable misconduct and therefore, should be separated from future military service.  However, each witness conceded on cross-examination that their opinions and recommendations were based in whole on the Recruiter’s Article 15 convictions.

In the Recruiter's defense, Attorney Calcagni and his military defense counsel counterpart, Captain Jason S. Ballard – with whom Calcagni has a longstanding working relationship and proven track record – called two character witnesses.  Both witnesses, former members of the Recruiter's chain of command, testified that the Recruiter was a flawless Non-Commissioned Officer, exceptional asset to the U.S. Army and recruiting community, and should be retained without question for future military service.  One character witness further testified that decisions to refer the Recruiter for both an Article 15 and administrative separation may have been product of a biased command climate.

Attorney Calcagni presented further evidence that challenged the integrity of the Recruiter's Article 15 hearing, as well as the reliability of government’s evidence relied upon by the Article 15 officer, especially when compared to overwhelming evidence that exculpated the Recruiter from any wrongdoing.  Attorney Calcagni – in a bold and brave manner – also challenged the credibility and veracity of the Recruiter’s chain of command, many of whom had made prejudicial remarks to recruiter before and during the Article 15 hearing; testified inconsistently with the evidence presented; and apparently engaged in coercion or other inappropriate actions during the course of investigation leading up to and following the Article 15 hearing.

After sworn testimony from the Recruiter himself, and a passionate and compelling closing argument by Attorney Calcagni claiming that "perception is not realty," "members in uniform are not impervious to human weaknesses of misrepresentation, bias, prejudice and self-interest,” and that the Recruiter was “entitled to a fair shake” both at the Article 15 hearing and at his separation hearing, the separation board members voted that the Recruiter did not engage in the thrust of the charged misconduct and should be retained for further military service  in his recruiting capacity.  Congratulations to this Soldier!