Press Release – SO2 McCabe, the main accused in the Navy SEALs detainee abuse case, has formally notified the government of his intent to plead “Not Guilty” to all charges and is requesting a trial by a panel of military members, including enlisted members, commonly known as a jury.

Arraignment without Evidence

On December 7, 2009, SO2 McCabe’s civilian military attorney, Neal A. Puckett, reserved the entry of pleas and selection of forum until a later date, as is customary at military arraignments.  Unusual about this case was the fact that as of the date of the arraignment, the defense had not yet been provided with the evidence against Petty Officer McCabe.  Mr. Puckett was told that the evidence was undergoing a security review before being released to the three Navy SEALs charged in this case.

Notice of Plea

The formal notice of pleas and selection of a jury trial were submitted to meet a court-ordered deadline of Friday, December 11, 2009, even though prosecutors have not yet provided the evidence to the Law Firm of Puckett and Faraj.

Court-Martial Schedule

The courts-martial of the three Navy SEALs are set to begin sometime in January, 2010.  SO2 McCabe and his defense team are preparing for his court-martial, currently scheduled to begin on January 19, 2010.  Navy JAGs LT Kevin Shea and LT Kristen Anastos have been detailed as Petty Officer McCabe’s military defense counsel and are working diligently to prepare for trial.

Three Navy SEALs face court-martial in the alleged stomach punch of an Iraqi detainee earlier this year.  Two of the SEALs, SO2 McCabe and SO1 Huertas were arraigned in a military court on Monday, December 7, 2009.  The other SEAL, SO2 Keefe, will be arraigned later.  All are facing court-martial early next year.  A second Defense Fund has been established by an independent organization.

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.

The Law Firm of Puckett & Faraj, PC has been informed of a non-profit Defense Fund identified as the “Navy SEALs Fund.”   Maritime Tactical Security, Inc., a company of former SEALs, has set up a non-profit defense fund to minimize the financial burden for the three Navy SEALs charged in detainee abuse.  Any funds remaining at the conclusion of the case will be donated to SEALs who have been injured and/or permanently disabled as a result of action in Iraq and Afghanistan.

The “Navy SEALs Fund” was established by Maritime Tactical Security in conjunction with Chase Manhattan Bank.  Donations can be made at any Chase Manhattan Bank by providing the account name “Navy SEALs Fund” and the account number 834325318.  You may go on line and donate via PayPal at the Maritime Tactical Security website: http://www.maritimetacticalsecurity.com/MtsNews.aspx.

The Chairman of the Joint Chiefs of Staff (CJCS) is supporting efforts in DoD to define the number of traumatic brain injuries or concussions military members suffer before they are pulled out of combat to recover, serve in the military camps or be returned to the US.

Multiple TBI Events Trigger Reassignment

Multiple concussive events could trigger reassignment from the front lines. COL Macedonia, the CJCS’s medical science adviser estimates that if the number of concussive events was set at three, there would be 150 – 400 of the 15,000 to 20,000 military members in Afghanistan reassigned. The Marines already have a policy in place to pull troops out of combat based on a history of multiple concussions during a tour.

Symptoms of TBI and PTSD

Patients with TBI are at increased risk for psychiatric disorders compared to the general population. Those disorders could include depression and Post-Traumatic Stress Disorder (PTSD), which affects behavior. Patients experience flash backs, avoid anything linked with the event including friends, have difficulty concentrating and are agitated and irritable, show signs of anger, depression, abuse alcohol or other substances. These effects on behavior can extend to criminal activity. The military courts are beginning to recognize the effects of TBI as a contributing factor to criminal activity. Several state bars and judicial systems have begun “Veteran Courts”, to manage sentencing of offenders who have demonstrated PTSD and TBI symptoms.

TBI/PTSD in the Courtroom

Recognizing and getting medical assistance for any TBI or PTSD is crucial to the well being of military members. If a family member or friend is being charged with a crime in the military, make sure their military attorney knows about any possible TBI events during their deployment and tell the military lawyer about any PTSD symptoms you’ve noticed since their return. A military member suffering with TBI and/or PTSD may not effectively assist in their military defense during a court-martial.

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.

Marine Corps Lt General George J. Flynn has determined to drop all charges of dereliction of duty for Chessani’s investigation and reporting of the killing of 24 civilians in Haditha, November 2005. The general directed a board of inquiry for Chessani to determine his final rank for retirement.

Boards of Inquiry

The North County Times article indicates that this may be an unusual action for the Marine Corps to take a senior officer to a board of inquiry. Most officers who are retirement eligible and faced administrative or legal actions under the UCMJ during their last held rank are usually required to demonstrate honorable service to be eligible to retire at that rank. The Law Firm of Puckett & Faraj, PC has represented several mid-level and senior officers in boards of inquiry in the last 10 years. Lt Col Chessani’s attorneys, Robert Muise and Brian Rooney have the opportunity to provide the board the chain of events in Haditha, 19Nov09 to show no dereliction of duty. We have no doubt that they will prevail and that LtCol Chessani should retire as a LtCol.

Haditha Courts-Martial

What is of concern in this latest Haditha decision is the fact that the Marine Corps has determined that seven of the original eight military members were not guilty of manslaughter, murder or dereliction of duty. They appear to be hoping they can blame the entire incident on the remaining member of the squad, SSgt Frank Wuterich, who has yet to be given either a fair or speedy trial.

Proof of Wrongdoing

Throughout the course of the last 3 ½ years of investigations and military courts-martial, the Marine Corps has yet to prove wrongdoing according to the battlefield rules of engagement or failure of command. In their zeal to convict a Marine, any Marine, they apparently have proceeded on a false premise of what actually happened during an complex insurgent attack in what was the first of five attacks on U.S. Forces in Haditha, Iraq, in November of 2005.

Criminal charges will not be filed against a construction company for the electrocution death of a Green Beret Soldier who died while showering in his barracks in Iraq. The military investigation found insufficient evidence to prove intent to commit the crime or culpable negligence, and while no one is criminally culpable in his death, the investigation showed a breach of duty of care for both the contractor and the military commanders who should have provided oversight.

Breach of Duty of Care

This incident has resulted in established procedures to ensure quality performance of construction in Iraq. Failure of the system appears to have been many small issues that culminated in a tragic event. The military investigators found that both contractors and government employees “breached their respective duties of care” identifying that while they complied with the current procedures and regulations at the time, those procedures were not thorough enough to prevent harm.

Correction of Procedures

A military investigation focuses on the intent and culpability or negligence as it relates to the Uniform Code of Military Justice. It appears in this case, the investigators could find no one person or system liable for the death, but a collection of smaller events or failures, which individually would not have caused the death. Those individual events or failures are then analyzed and corrections to procedures and regulations are identified to prevent this type of failure in the future.

Application of Military Justice

While this does not account for the loss of a Soldier, nor provide any comfort to the family nor restore his life, the military justice system does provide one answer. It is designed to thoroughly review actions on the battlefield or in garrison to ensure that anyone who does have intent to harm one of our own military members is brought to full accounting for their actions.

We, at the law firm of Puckett and Faraj, PC, consistently get positive feed back from our clients about the level of personal service and attention that we provide.  We take a personal interest in every case.  We discuss the cases.  We contemplate the client’s options and what is in her or his best interest because we want to ensure that every client receives the best legal service possible.  That level of attention and service is uncommon in the legal profession.  Unfortunately few people realize that and are often drawn only by commercials and glitzy advertisements to lawyers and law firms that are vocal on TV and other media but provide no little or no service to the client.  One such firm is the James Sokolove firm.  It appears that Mr. Sokolove has not tried a case in over three decades; yet he draws tens of thousands of clients a year.  It leaves one to wonder whether clients realize that they are trusting their lives and paying their hard earned money to someone who does not practice law when they call his number after they get it from one of his ubiquitous commercials.

Puckett & Faraj PC

Attorneys Neal Puckett and Haytham Faraj specialize in criminal defense and trial work.  They are partners in the the premier litigation law firm of Puckett and Faraj, PC.  They have decades of trial experience defending those accused of criminal charges in federal and military courts-martial. Mr. Puckett and Mr. Faraj also represent clients in a variety of administrative hearings including Boards of Inquiry, Administrative Separation hearings, immigration removal hearings, Boards of Corrections of Military and Naval Records, Military Discharge Review Boards and National Security Clearance hearings, among others. Neal Puckett and Haytham Faraj have also represented those who have been harmed or injured by the negligence, recklessness, or deliberate acts or failures of others.

The partners take pride in providing client focused representation that seeks to ensure client accessibility to the attorneys and best in class service.  Puckett and Faraj, PC seeks maintain its position in providing the gold standard in legal representation.  The firm has offices in Alexandria, Virginia and San Diego, California.  The partners are licensed to practice in Illinois, Virginia, the Eastern District of Michigan and in all states and all over the world, including Iraq, Afghanistan, Germany, Italy, Japan, and Kuwait representing military clients.

Puckett and Faraj, PC. has been retained by Mr. Issam Hamama of El Cajon, California to defend him against charges brought by the U.S. Attorney in the Eastern District of Michigan.  Mr. Hamama, a former Iraqi citizen, served with the U.S. forces in Iraq over the last few years as a translator and cultural advisor to U.S. forces engaged in operations in Iraq.  Mr. Hamama’s charges stem from his efforts in the nineties as as an activist working to relieve the suffering of Iraqi children and civilians harmed by the U.N. sanctions against Iraq following operation Desert Shield and Desert Storm.  The case of Mr. Hamama is a companion case to several other similar cases in which some defendants pled guilty and at least one defendant was acquitted.

Puckett & Faraj PC

Neal Puckett and Haytham Faraj are criminal defense and general litigation attorneys and partners in the The Law Firm of Puckett and Faraj, PC.  They have decades of trial experience defending those accused of criminal charges in federal and military courts-martial.  Mr. Puckett and Mr. Faraj also represent clients in a variety of administrative hearings including Boards of Inquiry, Administrative Separation hearings, immigration removal hearings, Boards of Corrections of Military and Naval Records, Military Discharge Review Boards and National Security Clearance hearings, among others.  Neal Puckett and Haytham Faraj have also represented those who have been harmed or injured by the negligence, recklessness, or deliberate acts or failures of others.

The dramatic case of a National Guardsman who fragged his commander in Iraq in 2005 began in a Fort Bragg Courtroom yesterday.  During voir dire one of the jurors got himself eliminated by asking an inappropriate question of the judge and then got himself eliminated one he he protested the defense lawyer asking a similar question.  The void dire phase of a trial, including military trials is one of the most important phases in a trial.  It is where the jurors get their first introduction to the case and where the lawyers begin to build the credibility that is necessary to winning any case.

Neal Puckett and Haytham Faraj are criminal defense and general litigation attorneys and partners in the The Law Firm of Puckett and Faraj.  They have decades of experience in defending military members in courts-martial and administrative hearings.  They are also premier trial attorneys who have represneted  clients in a variety of cases.

Cisse’s chief attorney, Neal A. Puckett, insisted the death was a case of negligent homicide. He said he will submit evidence that Cisse, who served two terms in Iraq, suffers from post-traumatic stress disorder.

Here’s a link to the final story about the case: Read the article