Former Deputy Commander Sentenced in Sexual Assault Case

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.


Former B.C. cadet instructor jailed, banned from military for sex assault

A military court has sentenced a former deputy commander of the Victoria-based military cadet corps to one year in jail and banished him from the military for sexually abusing teenaged cadets.

Captain Daniel Moriarity, 26, was also demoted to a second lieutenant by military Judge Lieutenant-Colonel Louis-Vincent D’Auteuil, who said the man used and abused his power to fulfill his desires.

Capt. Moriarity was convicted of sexual exploitation, sexual assault and sexual interference by a military court last October in connection with attacks on a 15-year-old boy and 16-year-old girl in separate incidents at the Vernon, B.C., army camp.

During Capt. Moriarity’s sentencing on Wednesday, the judge said the victims are still emotionally dealing with the man’s actions.

Read more HERE


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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.

New Military Issues Under President Re-Elect Obama

With Barack Obama's victory comes some important possible changes to the military that may or may not have an effect on you as a service member or veteran. The President plans to cut close to $500 billion in spending over the next ten years, and intends to pursue a full withdrawal from Afghanistan by 2014.

The President also plans to keep a strong vigil on seeing an end to DOMA (Defense of Marriage Act). In overturning this act, he further hopes to open services that have previously been reserved for heterosexual couples such as access to health care and Veterans' benefits, to homosexual couples as well.

As a veteran, you may look forward to increased access to housing, better mental health services, health care, and other veteran benefits. A proposed plan would employ more qualified mental health professionals and help alleviate the staggering unemployment faced by many veterans returning to civilian life.

If you would like more detailed information about the changes that may occur under President Obama's plan, the original article located HERE has more information.

If you are a service member who needs assistance with a military criminal defense matter in RI, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Military Suicide Statute Gets Reviewed

As the suicide rate climbs among American service members, a decades-old statute that makes attempted suicide a military crime will be reconsidered for the first time since 1991 "when it was upheld". The statute was instituted during World War II as a way to deter troops who faked their suicides as a means to avoid duty.

A current case involving a former Marine who received a bad-conduct discharge as well as 180 days in the brig for his actual suicide attempt is being heard to determine the relevance of the old law when applied to the current military climate and the issue of deteriorating mental health among soldiers.

Defense lawyers in the case will seek to have the bad-conduct discharge dropped as the ruling prevents the individual from receiving mental health and other veterans benefits necessary to his recovery.

If you or someone you know needs help with a Military Criminal Defense issue, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

To read the original article with the details of this case, click HERE

Military Justice System and Civilian Victims

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.

Afghan massacre case tests military justice system on troops accused of killing civilians

JOINT BASE LEWIS-McCHORD, Wash. — The U.S. military has been criticized for its spotty record on convicting troops of killing civilians, but a hearing against Army Staff Sgt. Robert Bales involving a massacre in Afghanistan has shown that it isn’t like most cases.

Government prosecutors have built a strong eyewitness case against the veteran soldier, with troops recounting how they saw Bales return to the base covered in blood. And in unusual testimony in a military court, Afghan civilians questioned via a video link described the horror of seeing 16 people killed, mostly children, in their villages.

Law experts say the case could test whether the military, aided by technology, is able to embark on a new era of accountability.

Bales faces 16 counts of premeditated murder and six counts of attempted murder. The preliminary hearing, which began Nov. 5 and is scheduled to end with closing arguments Tuesday, will determine whether he faces a court-martial. He could face the death penalty if convicted.

Read the full article HERE

Former Defense Secretary Rumsfeld Enjoys Immunity in Torture Claim by American Civilians

A recent decision by the 7th U.S. Circuit Court of Appeals seems to give "blanket immunity on all levels of military command up to the defense secretary" for the misuse of their training and power by those in the field.

Two American civilians who were working for an Iraqi-owned company suspected the company was illegally running guns. When they reported this situation to U.S. forces in Iraq, they were detained and tortured for several weeks while being held in military camps. When these men brought a lawsuit against former Defense Secretary Rumsfeld, arguing that he was responsible for the behavior of the men under him, they were initially allowed to pursue the suit by a "three judge panel of the same court."

Although the attorney for the civilians feels that it could be an eventual Supreme Court issue, his clients have not decided whether to pursue it at this time.

If you would like to read the article in its entirety, including the opinions of Rumsfeld's attorney and the Judges involved, you may do so by clicking HERE

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.

Military Sex Crimes - "U.S. Army General Begins Hearing"

In a rare military sex crime allegation against a U.S. Army General, Fort Bragg officials convened this week for the Article 32 hearing that will determine whether a court martial will convene against the General.

The investigation was initiated by Maj. Gen. James Huggins, a personal friend of Gen. Sinclair who is also Huggins' deputy commander, after the female officer came to him to discuss the situation and events involving Gen. Sinclair and herself.

Gen. Sinclair will possible face a court martial for charges ranging from wrongful sexual conduct, violating order, engaging in inappropriate relationships, forcible sodomy, adultery, and others. While the female officer, who was described by Gen. Huggins as being "exceptionally emotional, fearful" may also see an end to her military career.

If you would like to read the entire article, you may do so HERE

If you are in danger of facing Court Martial or other criminal charge as a service member yourself, you will need an experienced Military Defense Attorney to help you. Contact John L. Calcagni now at (401) 351-5100 for more information.

Former Army Medic “Pleads Guilty in Militia Case”

If you have been accused of a Military Crime, you need a Defense Attorney with experience handling Military Crimes, Courts Martial Defense, and Administrative Board Hearings. Contact Military Defense Attorney John L. Calcagni at (401) 351-5100 for a consultation now.

Former soldier pleads guilty in militia case

By Russ Bynum - The Associated Press
HINESVILLE, Ga. — A former Army medic pleaded guilty Monday to charges that he burned bloody clothes, spent shotgun shells and a cellphone to try to help fellow soldiers cover up a double killing that prosecutors say was linked to a militia group plotting terrorist attacks while operating inside the military at Fort Stewart in southeast Georgia.

Former Pfc. Christopher Jenderseck of Fargo, N.D., told a Liberty County Superior Court judge that he built the backyard bonfire used to dispose of the items last December. He said none of his fellow soldiers told him that he was destroying evidence to cover up a killing, though he figured it out as the fire burned. Still, Jenderseck admitted, he did nothing to stop them.

Read more HERE