Marine Officer Accused of Three Counts of Rape
Press Release: A Marine Corps officer is being charged with three counts of rape, with three different accusers. The Law Firm of Puckett & Faraj, PC represent this Marine against the charges of alleged rape which reportedly happened on temporary duty to New Orleans, LA in 2008. The three accusers, all friends and including one who was the girlfriend of the defendant, claim to have been raped by this Marine during a night of partying in New Orleans. They reported the incident and the New Orleans district attorney refused to prosecute for lack of evidence.
Military Law and the Court-Martial Process
Civil courts have jurisdiction when military members are in trouble off the base, but the military reserves the right to prosecute through military jurisdiction. This apparent “double jeopardy” exists to ensure good order and discipline in the military. This officer called Haytham Faraj, Esq. to help him when, after charges were dropped in New Orleans, the Marine Corps chose to prosecute him for three counts of rape.
Military Justice Process
Once charged with rape in the military system, an Article 32 hearing is held to determine if the actions of the military member warrant further prosecution and trial under the military justice process. If the Article 32 hearing officer recommends a court-martial, the senior military officer usually orders a court-martial. A full trial, with all the rules of evidence, is then convened and scheduled. In the first week of June 2009, Mr. Haytham Faraj represented the Marine officer in an Article 32 Hearing where the government minimized his right to a full preliminary hearing at Marine Corps Recruit Depot, San Diego, CA.
Military Defense in an Article 32 Hearing
The government went through the motions of an Article 32 Hearing, but did not call to the stand any of the accusers or witnesses. This limits the ability of the military defense lawyer to bring into the courtroom the defense facts associated with the case or to challenge the government evidence. Realizing the government’s move to preserve their evidence and witness testimony for a general court-martial, Mr. Faraj effectively cross-examined the one government witness, a Naval Criminal Investigative Service (NCIS) agent to prove the investigation process was biased in its analysis and presentation of the facts. The next step in the case will be a general court-martial of this officer for violation of Article 120.
Tags: Rape Military Law Defense Attorney Lawyer Puckett Faraj Marine Article 120 Court Martial 32
