Puckett & Faraj

LTC Allen West protected the lives of Soldiers in his battalion in Iraq in August of 2003. While the main coalition offensive of the Iraq war was declared over in May, the insurgents were not willing to let the US Army hold territory without attacks. LTC West’s men were facing daily small arms fire ambushes and improvised explosive devices meant to kill. Any intelligence gained was through the interrogation of captured insurgents to discover the next ambush of patrols.

Operation Iraqi Freedom Rules of Engagement

The now famous August 2003 incident in which LTC West affirmatively chose to violate the overly restrictive US Army rules of engagement and then immediately report himself to his superior officer is an example of a warrior determined to safeguard his men. He did it at the expense of his command and his Army career.

Service Above Self

Not long after he reported his actions, LTC West was relieved of his battalion command. His Army career was over but it was up to his lawyer, Neal A Puckett, to present the facts to an Article 32 Investigation to determine if “over” meant a jail cell or retirement at a lower pay grade. LTC West received minor administrative discipline and retired in grade as a LTC. What saved LTC West was his willingness to give up his Army career, one that was surely headed for general officer rank, in exchange for saving the lives of the men under his command. He knew he was violating the letter of the law, but maintained emotional and physical control, making sure not to endanger the life of the insurgent who had planned to murder his Soldiers.

Military Loyalty and Accountability

What is perhaps most remarkable about this case is that LTC West immediately reported his actions to his superior officer. This act of loyalty and accountability shows the character of the man. LTC Allen West gave up his Army career, but now seeks to serve as the next Congressmen for the citizens of Florida’s 22^nd Congressional District. They will elect him in November 2010, because, as with his Soldiers in Iraq, he will be loyal and accountable to them.

When a military member is between the Article 32 phase and the general court-martial, the government will sometimes try to negotiate a pretrial agreement. This pretrial agreement is between you and the government, and is not revealed to the jury during the military member’s general court-martial.

Pre-Trial Agreement

Either the military prosecutors or the military defense attorney can begin a discussion on the possibility of a pretrial agreement. It requires that the military member plead guilty to some or all of the charges in exchange for a limit on the maximum sentence. The pretrial agreement is presented to the convening authority, usually the first general officer in the chain of command in the case of a general court-martial. The convening authority then either accepts or rejects the agreement. If there is a pretrial agreement in place and the military judge or jury determine the sentence and the punishment, and afterwards, the military judge is informed of the pretrial agreement and discusses with the accused how it will affect his or her adjudged sentence.

Ethics of a Guilty Plea

A military member charged with a crime under the UCMJ can ask for a pre-trial agreement if he or she is guilty of the alleged charges. One cannot plead guilty to a charge if one truly is innocent. It is ethically and morally wrong and the UCMJ and Manual for Courts-Martial forbids it. Any military attorney who supports a plea of guilty, knowing the client is not guilty may be subject to discipline from his or her state bar.

Pleading Guilty or Not Guilty

Military members have critical decisions to make in their own defense. Once they hire a civilian military defense attorney, they rely on their attorney’s knowledge and experience in the military criminal process. The two critical decisions the military member must make during trial are whether to plead guilty or not guilty and whether or not to testify during the trial. But before those decisions are made, whether to enter into a pretrial agreement with the government is a decision best made only after consultation with a qualified military criminal defense attorney.

Captain Roger Hill explained to Bill O’Reilly on Monday night, March 16th, about how the Army sought to prosecute him as a war criminal for firing his weapon to convince detainees inside a bldg to divulge vital information about their role as a Taliban spies.  The Army sealed his Art 32 investigation report, refusing to deliver it to Neal Puckett, his civilian defense counsel at that hearing in Afghanistan.  The Law Firm of Puckett and Faraj, PC, is seeking to force the Army to release the records of that proceeding.

Comments on this website after the show were enthusiastic in support of CPT Hill and angry in criticizing the Army for ordering CPT Hill be separated from the service with a general discharge instead of an honorable discharge.  Many donated to assist CPT Hill.  Please sign the online petition on CPT Hill’s page on this site.  Click on his picture on the home page.  Sign his petition then read about CPT Hill and donate to his cause in seeking to upgrade the discharges of his soldiers and repair their records.   You can also read more about him and his First Sergeant, Tommy Scott, an American hero whose reputation has also been tarnished by the Army.

Captain Roger Hill explained to Bill O’Reilly on Monday night, March 16th, about how the Army sought to prosecute him as a war criminal for firing his weapon to convince detainees inside a bldg to divulge vital information about their role as a Taliban spies.  The Army sealed his Art 32 investigation report, refusing to deliver it to Neal Puckett, his civilian defense counsel at that hearing in Afghanistan.  The Law Firm of Puckett and Faraj, PC, is seeking to force the Army to release the records of that proceeding.

Comments on this website after the show were enthusiastic in support of CPT Hill and angry in criticizing the Army for ordering CPT Hill be separated from the service with a general discharge instead of an honorable discharge.  Many donated to assist CPT Hill.  Please sign the online petition on CPT Hill’s page on this site.  Click on his picture on the home page.  Sign his petition then read about CPT Hill and donate to his cause in seeking to upgrade the discharges of his soldiers and repair their records.   You can also read more about him and his First Sergeant, Tommy Scott, an American hero whose reputation has also been tarnished by the Army.