Soldiers In Porn case Accept Plea...

[Lee]

One of the three 82nd Airborne Division soldiers charged with having sex for money on a military-themed gay pornography Web site has accepted a plea agreement, division officials told the Fayetteville (N.C.) Observer on Friday.

Pfc. Richard Ashley is scheduled to appear in front of a military judge Thursday to finalize the agreement, Sgt. 1st Class Dean Welch, an 82nd Airborne spokesman, told the paper.

Details of the plea agreement were not released.

The Observer reported that the two other soldiers, Pfc. Wesley K. Mitten and Pvt. Kagen B. Mullen, are scheduled to stand trial in May. Division officials said it is unclear whether Mitten and Mullen also are seeking plea agreements.

All three were charged with pandering, wrongfully engaging in sexual acts over the Internet for money and sodomy, the division said last month, according to the report. Mullen also was charged with adultery.

Unlike a general court-martial, a special court-martial does not require an Article 32 hearing, the military equivalent of a grand jury. The maximum punishment is also limited to a year in prison, forfeiture of two-thirds pay for one year, reduction in rank to E-1 and a bad-conduct discharge, according to the Uniform Code of Military Justice.

Four other soldiers received nonjudicial punishment for the same offenses, the Observer wrote. The Army is not required to disclose the names of soldiers punished under Article 15.

http://www.estripes.com/article.asp?...&article=36672

Interesting stuff, i wonder what could happen if these guys get charged and 'convicted?' of the sodomy charges, would seem to me that might be a nice legal case against the military for wrongfull termination.

Regards,

Lee

[CorbinFisher_BD]

hehe you can't claim wrongful termination. It's the military. Their legal system works very, very differently than any civil or civilian criminal legal system. Just because you're allowed to engage in sodomy in Texas now doesn't mean you're allowed to do it in the military, even while stationed in Texas.

When you're in the service, it's the UCMJ that it all comes down to. And nothing else.

[Lee]

hehe you can't claim wrongful termination. It's the military. Their legal system works very, very differently than any civil or civilian criminal legal system. Just because you're allowed to engage in sodomy in Texas now doesn't mean you're allowed to do it in the military, even while stationed in Texas.

When you're in the service, it's the UCMJ that it all comes down to. And nothing else.

This is America, you can sue anyone, for anything.

Winning the case is a different story though.

Regards,

Lee

[chadknowslaw]

This is America, you can sue anyone, for anything.

Winning the case is a different story though.

Regards,

Lee

Especially in California, which may be a function of why they have 600000 lawyers there. I believe there are not too many lawyers, just too few good ones.

There is a nice little country in the Caribbean where you must post a $25000USD bond in order to file a lawsuit. The suit is then reviewed by a magistrate, and if the suit is baseless or does not have much chance of winning, you forfeit the $25000. That cuts down on useless suits. Oh, and you must hire a local attorney, of which there are few and they know how much in demand they are so THEY charge a big fee up front. So, in order to sue a _____ company, you gotta have a bunch of cash up front that you will very likely never see again. It is a nice place to set up a holding company for your active businesses. It will not protect you from a legitimate suit, but it will keep the crappy "I spilled YOUR coffee on myself and it is your fault I scaled my pooter so you should pay me millions" lawsuits.
:penny:

[maxpower]

I think that might be a bit harsh, I like how they do things in England, loser pays all the attorneys fee's for both sides, I think that has gone a long way to clean some of this frivolous lawsuits up, with out going off the deep end, but I am not a lawyer.

[CorbinFisher_BD]

The military isn't just a job. It's an adventure. (hehe).

But... it isn't a job. Standard rules don't apply. You don't get the same kinds of workplace protections as you do in civilian employ. So things like wrongful termination or the kinds of claims you could make against an employer in a work arrangement subject to progressive civilian laws don't mean much of anything in the military.

[desslock]

Also keep in mind, the US military is an all volunteer force. It's not like they were drafted into service, and then subjected to their legal code.

If they their military service were conscripted, then they might theoretically have a civil case.

Steve