Two major military justice cases intersected today when SSgt Brian Foster took the stand at a MCB Quantico  courtroom to testify as a witness during the defense’s sentencing case in the capital court-martial of United States v. Walker.  You’ll remember that SSgt Foster was convicted of raping his wife — a conviction that was overturned by the Navy-Marine Corps Court on factual sufficiency grounds after he had already served nine years of confinement.  United States v. Foster, No. NMCCA 200101955 (N-M. Ct. Crim. App. Feb. 17, 2009). It turns out that while SSgt Foster was being unjustly confined, he was entrusted by the USDB to cut the hair of inmates on death row.  He came to know LCpl Walker from their periodic chats over the years while he would cut his hair.  SSgt Foster, who is an MP by training, testified that LCpl Walker would adjust well to being in the general population and would have a beneficial effect on the other inmates.

[Familiar disclosure–I was part of LCpl Walker’s appellate defense team.]

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