Puckett & Faraj

Press Release:  SO2 McCabe was arraigned in a military court room at Norfolk Naval Station Monday, December 7, 2009, Pearl Harbor Day.  His attorney, Neal A. Puckett, Esq., reserved pleas, forum selection and motions until a later date as SO2 McCabe chose not to enter a plea or chose whether to have judge alone or members (jury) nor did his defense team present any motions.

UCMJ Charges

The military has charged SO2 McCabe under the Uniform Code of Military Justice (UCMJ) with Article 128 Assault, Article 92 Dereliction of Duty and Article 107 False Official Statement.   Under the UCMJ, the government is required to provide evidence to the defense prior to an arraignment.  To date, there has been no evidence turned over to the defense that would tend to prove that SO2 McCabe committed any of the charged crimes.  The court-martial is currently scheduled to begin on January 19, 2010.

Three US Navy SEALs, SO2 Matthew McCabe, SO2 Jonathan Keefe and SO1 Julio Huertas have been charged with detainee abuse.  A separate Law Firm represents each one.  The Law Firm of Puckett & Faraj, PC represent SO2 McCabe.  Defense funds are being established to support all of the SEALs.  Here is the first one available for contributions.

DISCLAIMER: THE FOLLOWING INFORMATION IS PROVIDED WITHOUT ENDORSEMENT.  THE LAW FIRM OF PUCKETT & FARAJ, PC DOES NOT CONTROL OR HAVE ANY PROFESSIONAL OR FINANCIAL AFFILIATION WITH ANY LEGAL DEFENSE FUND.  LEGAL DEFENSE FUNDS OPERATE INDEPENDENTLY FROM THE LAW FIRM AND THE PARTNERS.  PARTICIPANTS ARE ENCOURAGED TO EXERCISE DUE DILIGENCE WHEN CHOOSING TO CONTRIBUTE TO A DEFENSE FUND.

U.S. NAVY SEAL/WARRIOR DEFENSE FUND: The U.S. Navy SEAL/Warrior Defense Fund is soliciting contributions to assist in defraying the legal costs and fees of the 3 Navy SEALs charged with assault of the mastermind of the 2004 torture, murder and mutilation of the US security guards in Fallujah.

Contributions can be sent to: “U.S. Navy SEAL/Warrior Legal Defense Fund”; Acct # 435020290711 c/o Bank of America P.O. Box F, Fort Eustis, VA 23604

Donations can be made at any Bank of America simply by depositing funds using the Fund name (U.S. Navy SEAL/Warrior Legal Defense Fund) and providing the Account Number (#435020290711).

Donations can also be made online via PayPal at the following site: http://sites.google.com/site/usnavyseallegaldefensefund/

PLEASE NOTE: the fund is NOT a 501(c)(3) tax exempt organization under the Internal Revenue Service and therefore contributions are NOT tax-deductible.

This Fund has been created, by a military family, to assist in the defense of Navy SEALs and other military operators charged with combat-related infractions of the Uniform Code of Military Justice.  For more information, please contact:  navysealdefense@gmail.com.

Press Release:  The three Navy SEALs charged with hitting a detainee, a detainee who allegedly is responsible for the deaths and mutilation of four Blackwater Contractors in Fallujah in 2004, begin their courts-martial process next week.  On December 7, 2009, the military will hold an initial hearing, an arraignment of SO2 Matthew McCabe.  SO2 McCabe is charged with hitting a detainee.  Each of the three SEALs is represented by a different law firm.  The names of the accused SEALs and the firms representing them are below:

SO2 McCabe is represented by the Law Firm of Puckett & Faraj, PC.   Mr. Puckett can be reached through his website (www.puckettfaraj.com/contact-us), Email at neal@puckettfaraj.com and via phone 888-970-0005.

SO2 Keefe is represented by the Law Firm of Greg D. McCormack, PC.  Mr. McCormack can be reached through his website (www.militarylawyers.org), Email at inquiry@mccormackpc.com or via phone 757-463-7224.

SO1 Huertas is represented by Monica L. Lombardi, LLC.  Ms. Lombardi can be reached through her website (www.militarytrial.com), Email at mlombardi@militarytrial.com or via phone 757-309-4764 (toll free 888-826-5529).

Press Release May 8, 2010, 9:00:00 Eastern: SO2 Matthew McCabe, one of three Navy SEALs charged with the abuse of a detainee who is suspected of killing and mutilating four Blackwater Contractors in Fallujah in 2004, was fully acquitted on May 6, 2010. Petty Officer (PO) McCabe was charged with punching the detainee in the stomach. He faced a special court-martial, a year in jail and a bad conduct discharge.

The military legal process began on September 1, 2009, when a detainee in Iraq appeared to have been roughed up prior to being turned over to Iraqi forces. The resulting command inquiry resulted in charges being served on three Navy SEALs.

Special Court-Martial

SO2 McCabe and the two other Navy SEALs were part of a team that captured Ahmed Hashim Abed, who is suspected of leading the attack that killed four Blackwater contractors in the city of Fallujah in 2004. SO2 McCabe was charged with punching the detainee in the stomach while he was in custody. The SEALs were offered non-judicial punishment under Article 15, which they all declined. They were arraigned in December 2009, and faced military courts-martial in April and May 2010.

The defense teams for the SEALs interviewed the Detainee and determined his story was not consistent. Additionally, the Master at Arms who indicated the SEALs caused the abuse of the detainee, was convincing but his testimony was contradicted by other military witnesses. SO2 McCabe’s special court-martial lasted four days and consisted of motions, witnesses and examination of the evidence. The jury returned a full acquittal after only an hour and a half of deliberations on May 6, 2010. SO2 McCabe’s acquittal followed that of his fellow SEALs, SO2 Keefe and SO1 Huertas. All three SEALs are back in training with their unit preparing for future deployments to safeguard America.

The public outcry over these charges boosted the morale of the SEALs and was very appreciated by the SEALs and their defense teams. Support included Emails, letters, donations, media stories, blogs and petitions. In March 2010, Congressman Dan Burton (R-IN-05) and Congressman Dana Rohrabacker (R-CA-46) sponsored a petition in Congress, signed by over 150,000 Americans that called on the senior military leadership to dismiss the charges against the SEALs. Among other petitions circulated for the SEALs, the news site HUMAN EVENTS posted a petition requesting the Secretary of Defense, the Honorable Robert M. Gates, to dismiss the charges against the three Navy SEALs, SO2 McCabe, SO2 Keefe and SO1 Huertas.

The Law Firm of Puckett & Faraj, PC represented SO2 McCabe, the main defendant in the case and fielded several questions on how to contact the Navy and United States Central Command to voice their support for these three Navy SEALs. We want to thank every individual who sent letters to the commanding officers. Every effort to convey support for the SEALs contributed to their acquittal.

Among the efforts made to support the SEALs, supporters and former SEALs took the time and effort to establish Defense Funds and set up fund raising events for all three Navy SEALs. Their work to raise legal defense funds for the SEALs enabled the defense teams to focus on winning the cases.

The Law Firm of Puckett & Faraj, PC want to thank the two exceptional Military assigned Defense Counsel, LTs Kevin Shea and Kristen Anastos, USN. Their dedication and zealous defense of SO2 McCabe was instrumental in his acquittal. Additionally, the support given by the former SEAL and Special Operations communities was invaluable in continuing to fight for the freedom of the three Navy SEALs. The incredible outpouring of support from the American public to include Emails, letters written to the commanding general on behalf of the SEALs, donations, and blogs defending the SEALs all contributed to their morale as they spent 8 months of their military careers on hold. Thank you one and all for your thoughts, fund raising activities and letters.

Captain Roger Hill, USA, the West Point graduate and company commander in Afghanistan, who had known insurgents in his camp, has been separated from the Army as of 31 June 2009. Capt Hill’s resignation in lieu of court-martial was accepted by the Secretary of the Army and his service to this country remains characterized as a “general under honorable conditions” discharge.

General Under Honorable Conditions

Captain Hill offered his resignation in December 2008 after an Article 32 hearing in Afghanistan. The “general under honorable conditions” discharge normally qualifies for Veterans Administration benefits including disability pension, health care, and death benefits. An exception to this policy is found in 38 USC § 5303(a); it states an officer who resigns for the good of the service is barred from most of the Veteran’s benefits.

Combat Injuries

In Captain Hill’s case, his injuries suffered while at West Point and subsequently aggravated by parachute qualification and combat duty in Iraq and Afghanistan may not qualify for a VA disability pension. The Army held him on active duty for an additional 90 days this spring to assess his combat injuries. His doctors assessed his neck and back injuries as severe enough to qualify for significant disability compensation from the VA. However, due to his resignation for the “good of the service,” he may only be eligible for care at a VA hospital as his constant pain dictates.

SecArmy Denies Upgrade of Discharge

The Secretary of the Army could have upgraded his discharge to “honorable” but chose to let the “general under honorable conditions” characterization stand. During his 90-day extension on active duty, he submitted another request for resignation, void of any reference to disciplinary actions by the Army and thus not for the “good of the service.” The detainee abuse charges had been dropped in December 2008. The Secretary of the Army had the discretion to approve this second resignation request, but he declined to do so.

Civilian Roger Hill

Captain Hill is currently seeking a job Southeast United states. He has requested copies of all of his military records and upon receipt of them, he will apply to the Veteran’s Administration for all the benefits available to him including a request for exemption for a disability pension.

More Than Brothers

The More Than Brothers website outlines the current status of Capt Hill and his men of Dog Company. Some faced courts-martial and are still fighting to clear their names. Donations are welcome to support the families of Dog Company including the two Soldiers who lost their lives to the insurgents who were spying on them within the camp.

The recent case of our client, Captain Roger Hill, came up in an Op Ed piece in the Washington Times this morning.  Three great Americans co-authored the piece, which takes aim at the current state of Army leadership on the battlefield.  The story of CPT Hill’s dilemma is a poignant one.  Army commanders, swayed by misguided Army JAG lawyers’ terrible advice, lost a great officer and leader when they chose to jettison CPT Hill from their ranks.  Rather than give him the support he needed when his company was facing an insider threat, the Army chose to discipline CPT Hill and his men for seeking information from Taliban spies who were employed on his base to support his company.  He was charged with a war crime.  Violating the Geneva Convention by inflicting psychological pain on detainees (read: fear).  But when CPT Hill called up the chain of command for assistance, he was ignored; left to make his own difficult decisions about preventing the release of the Taliban spies who would otherwise return to the battlefield and kill his soldiers.  Inexplicably, the Army refused to release the report of the Article 32 investigation hearing, in which CPT Hill was represented by Neal Puckett, our senior partner.  CPT Hill now awaits a decison by the Secretary of the Army as to his characterization of separation from the service.  Our hope is that he will receive an honorable discharge.

The recent case of our client, Captain Roger Hill, came up in an Op Ed piece in the Washington Times this morning.  Three great Americans co-authored the piece, which takes aim at the current state of Army leadership on the battlefield.  The story of CPT Hill’s dilemma is a poignant one.  Army commanders, swayed by misguided Army JAG lawyers’ terrible advice, lost a great officer and leader when they chose to jettison CPT Hill from their ranks.  Rather than give him the support he needed when his company was facing an insider threat, the Army chose to discipline CPT Hill and his men for seeking information from Taliban spies who were employed on his base to support his company.  He was charged with a war crime.  Violating the Geneva Convention by inflicting psychological pain on detainees (read: fear).  But when CPT Hill called up the chain of command for assistance, he was ignored; left to make his own difficult decisions about preventing the release of the Taliban spies who would otherwise return to the battlefield and kill his soldiers.  Inexplicably, the Army refused to release the report of the Article 32 investigation hearing, in which CPT Hill was represented by Neal Puckett, our senior partner.  CPT Hill now awaits a decison by the Secretary of the Army as to his characterization of separation from the service.  Our hope is that he will receive an honorable discharge.

A War’s Impossible Mission
War Crimes Art 32 hearing ended with the command agreeing to resolve the case at a Commanding General’s Article 15 Non-judicial punishment rather than a general court-martial. The case revealed how thinly spread and poorly supported our soldiers and Marines in Afghanistan really are. Neal Puckett traveled to Afghanistan in December to represent an Army company commander who was charged with abusing detainees during tactical questioning designed to gather information that would keep the detainees in custody. Intelligence indicated that the Afghan workers on his base were giving early warning of U.S. operations to Taliban fighters. The unit had suffered frequent casualties on routine patrols and the sources of information about those patrols were trusted local nationals working on the base.