Comments on: Capt Fontana found not guilty

By: dreadnaught

dreadnaught — Tue, 24 Nov 2009 03:26:04 +0000

Mr. Mathews is correct, NMCMR did overturn the conviction of CDR Billig, 26 M.J. 744. We can only hope that we do not revisit the multi-year investigation that followed that opinion. See, USNMCMR v. Cheney, 30 M.J. 29.

By: Christopher Mathews

Christopher Mathews — Tue, 24 Nov 2009 01:26:17 +0000

Cossio, I believe you’re referring to CDR Billig, a cardiac surgeon at Bethesda Naval Hospital. If memory serves, it was the then-NMCMR that overturned his conviction.

By: Navyman

Navyman — Mon, 23 Nov 2009 23:05:49 +0000

sounded like a witch hunt to me, doses are a matter of subjection as it relates to pain control and comfort. Pain after all is subjective, only he who feels it knows it.

This case could be debated as a matter of poor judgement and maybe a general lack of understanding of paliative care, but murder? Please

By: Anonymous

Anonymous — Mon, 23 Nov 2009 19:27:21 +0000

This shouldn’t be a surprise. Military prosecutors tend to over-charge. Fortunately, the MJ saw through this overkill. It’s sad that the air force may still separate this guy. That’s military justice, I suppose.

By: Cossio

Cossio — Mon, 23 Nov 2009 05:30:13 +0000

I would also note that Medical “Malpractice” (for lack of a better word) are hard to prosecute.

I seem to remember a physician accused of neglegent homicide years ago (I think in the Navy). I also rember there were allegations that the Navy Court of Appeals was tampered with (one of the Judge had an IG complaint which spun off another legal issue).

CAAF reversed…

Darn it, can’t seem to rember the case, very interesting though.

By: Cossio

Cossio — Mon, 23 Nov 2009 05:24:52 +0000

Wow. Was this a Judge-Alone trial? The article made it seem it was. That is a big wow.

By: Southern Defense Counsel

Southern Defense Counsel — Sun, 22 Nov 2009 14:10:24 +0000

How long before the press starts comparing this to Hasan and asking if Hasan could be acquitted? Any takers on that?

I think that this case was interesting, but absent a confession the Prosecution was going to have a rough go at this in proving causation. Too many variables.