Bradley Manning Could Draw a Maximum Term of 136 Years

Bradley Manning will face years of monotony in a military prison, without access to the internet or the outside world, when he learns of his sentencing in the upcoming days.

A military judge last week found Manning, the former low-level intelligence analyst, guilty of 19 criminal charges, including espionage and theft, for giving about 700,000 classified diplomatic cables and war logs to the anti-secrecy WikiLeaks website in 2010 while he was serving in Iraq.

The U.S. Army Private First Class was acquitted at his two-month-long court-martial on the most serious charge of aiding the enemy, sparing him a life sentence without parole. But his convictions could draw a maximum term of 136 years.

To read more about the life that Bradley Manning may face in a military prison, click on the following link:

http://www.businessinsider.com/bradley-manning-faces-a-tough-life-in-prison-2013-8
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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 , Assault and Battery and all criminal matters in Rhode Island, Connecticut, New York and Massachusetts.
 
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.

Did Bradley Manning Commit Treason?

A Yale law professor and Bloomberg columnist analyzes the debate over the use of the word “treason” and its role in the Bradley Manning trial. Last week, a military judge rejected treason charges against the Army Private First Class who provided tens of thousands of secret documents to WikiLeaks.

At his court martial, Manning was convicted of espionage and several lesser offenses and will likely spend the rest of his life in prison. However, he was acquitted on the charge of “aiding the enemy,” which is the Uniform Code of Military Justice’s functional equivalent of treason.

To read more about the Manning trial and the debate over the charges of treason, click on the following link:

http://www.bloomberg.com/news/2013-08-02/bradley-manning-s-crime-is-smaller-than-treason.html
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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 , Assault and Battery and all criminal matters.
 
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.

Over 10% of Mlitary’s Investigations into Sexual Assault Cases may be Flawed

Pentagon special inspector has found that more than 10% of the military’s investigations into sexual assault cases are flawed. The Pentagon report went on to say that the military’s investigative agencies need to improve their techniques for processing crime scenes and collecting evidence.

The report reviewed a sampling of 501 cases of sexual assault in the military and found 56 were deficient for a variety of reasons, including failure to collect key evidence or poor interview techniques. Of the returned cases, the services agreed to reopen 31 cases.

To read more about the flawed investigations of military sexual assault cases, click on the following link:

http://www.usatoday.com/story/nation/2013/07/15/pentagon-military-sexual-assault/2519187/

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.

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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.

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.

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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.

Armed Services Committee Endorses Two-Year Mandatory Minimum Sentencing for Military Members Convicted of Sexual Assault.

In response to the recent epidemic of sexual assault cases in the U.S. Military, the U.S. House of Representatives has endorsed a two-year mandatory minimum sentencing law for military members who have been convicted of sexual assault by a military court.

The House Armed Services Committee also recently approved provisions in a Defense bill that included stripping military commanders of the power to overturn convictions in rape and sexual assault cases. The panel also voted to require anyone found guilty of a sex-related crime receive a punishment that includes a dismissal from military service or a dishonorable discharge.

To read more about the proposed two-year mandatory minimum sentencing for military members convicted of sexual assault, click on the following link:

http://triblive.com/usworld/nation/4192950-74/assault-sexual-military – axzz2Yx4H0viF

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.
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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.

New Book Chronicles Stories of Post-Traumatic Stress Disorder in the Military

A new book chronicles dramatic stories of post-traumatic stress disorder, or PTSD, in the military. In her book Fields of Combat, author Erin Finley describes the experiences of Iraq and Afghanistan war veterans living with PTSD. In researching the book, Finley interviewed more than 60 veterans in various positions in the U.S. Military.

According to the Department of Veterans Affairs, 10 to 18 percent of Iraq and Afghanistan war veterans may suffer form post-traumatic stress disorder. Symptoms of PTSD include sleeplessness, anxiety, anger and a feeling of isolation. These symptoms often go untreated as a result of the negative stigma associated with mental health disorders, particularly for military servicemen. When PTSD symptoms become extreme, the illness can lead individuals to self medicate with illegal substances, act out violently and dangerously or in some cases, cause attempts of suicide.

To read more about the book Fields of Combat, please click on the following link:

http://www.npr.org/2011/06/02/136895807/the-profound-daily-struggle-of-soldiers-with-ptsd

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.
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For more information, please 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.

Fort Hood Shooting Defendant to Represent Himself in Military Court

The Army psychiatrist charged with killing 13 in a shooting rampage in 2009 in Fort Hood, Texas, was approved by a military judge to be mentally capable of representing himself in the upcoming trial. In 2011, Major Nidal Hasan cut ties with his defense attorney, who was a former military judge, and opted to represent himself. Hasan also asked the military judge for a three month delay to prepare his defense.

Major Hasan will be using a “defense of others” strategy as his defense, which will require him to prove that he was protecting others from imminent danger. Hasan will most likely argue that he was protecting fellow Muslims in Afghanistan from the U.S. soldiers at Fort Hood who were preparing for an upcoming deployment at the time of the shooting.

To read more about this case and the upcoming trial of Major Hasan, please click the following Washington Post link:

http://www.washingtonpost.com/national/army-judge-to-decide-if-fort-hood-shooting-suspect-can-repres…


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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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, 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, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

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.

Exceptions and Substitutions Plea in Manning Case

Bradley Manning, who stands accused of 22 military criminal charges, has offered a partial guilty plea and is awaiting the decision from the pre-trial hearing judge. The full article follows below.

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.

Bradley Manning offers partial guilty plea to military court

Alleged Wiki-leaker's attorney says, however, that the offer applies to only "a subset of" the offenses. That means the February 2013 court-martial will proceed.

 Bradley Manning, the U.S. Army soldier accused of providing WikiLeaks with hundreds of thousands of classified documents, has offered to plead guilty. Sort of.

During a pre-trial hearing in military court today, Manning's attorney, David Coombs, proposed a partial guilty plea covering a subset of the slew of criminal charges that the U.S. Army has lodged against him.

"Manning is attempting to accept responsibility for offenses that are encapsulated within, or are a subset of, the charged offenses," Coombs wrote on his blog this evening. "The court will consider whether this is a permissible plea."

Coombs stressed that Manning's offer has to be accepted by the court -- it's not final until it is -- and is not part of any "an agreement or deal" with prosecutors.

Manning's court-martial is set to begin in February 2013. Last year, the military slapped him with 22 charges, including alleging that Manning caused "to be published on the Internet intelligence belonging to the United States government."

WikiLeaks editor Julian Assange said last month in an appearance from Ecuador's London embassy that prosecutors want Manning to identify him as another guilty party.

The Army wants, Assange said from his embassy room where he sought refuge to avoid an extradition attempt, "to break him, to force him to testify against WikiLeaks and me" -- an apparent reference to the Justice Department's investigation taking place in conjunction with a federal grand jury in Alexandria, Va. If prosecutors can allege conspiracy to commit computer crimes, they would avoid some of the free speech problems they'd face in an Espionage Act prosecution.

Blogger Kevin Gosztola, who attended the Fort Meade, Md. hearing today, wrote that Manning would admit he provided the data to WikiLeaks. In other words, Gosztola wrote, "he can plead guilty without accepting the government's charge that he aided the enemy' or 'exceeded authorized access' on his computer."

The military's 2012 Manual for Courts-Martial (PDF) allows defendants to offer hybrid pleas to judges, including "not guilty to an offense as charged, but guilty of a named lesser included offense" and "not guilty of the exceptions, but guilty of the substitutions."

Exceptions-and-substitutions aren't unusual in military court. The U.S. Air Force Court of Criminal Appeals decided a case in June in which an airman first class was convicted of using of cocaine and other drugs, jailed, and then dishonorably discharged. In that case, the defendant pleaded guilty by "exceptions and substitutions" by excepting the drug Percocet and substituting the drug Vicodin.

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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.