Fort Lewis double homicide case referred capitally
The convening authority in the case of United States v. Specialist Ivette Davis has reportedly referred it to a capital general court-martial.
h/t: Phil Cave’s Court-Martial Trial Practice blog
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Do you happen to know if any other capital court-martial has involved a female accused?
Anon 2008:
Covert (of Reid v. Covert fame). Also the court-martial that resulted in Kinsella v. Krueger (can’t remember if the accused’s name was Krueger or not). I don’t think there have been any since the military death penalty got reinstated.
In Kinsella v. Krueger, the accused was named Dorothy Krueger Smith, daughter of General Walter Krueger, the war-time commander of the Sixth Army. I believe she was a dependent of a service member. Colonel Aubrey Smith of the United States Army.
Weren’t both the defendants in Reid v Covert and Kinsella v Krueger dependents of service members? Unless there is another case of which I am unaware, I believe SPC Davila may have the dubious distinction of being the first American service woman to be sent to a capital court-martial.
Maybe this should be posted on DoD’s webpage observing National Women’s History Month and saluting the many contributions of American Women to our country.
http://www.defense.gov/specials/womenshistory/
Yes, the accuseds were Clarise (sp) Covert and, I believe, a woman named Dial. Both were dependents.
I defer to Gordon Smith on the name of the accused in Krueger. One of those cases had an accused named Dial, can’t remember which one.
“Pierce County authorities transferred jurisdiction of the case to the military.” Thank goodness! What would the military have done without the cooperation of Pierce County authorities?
Perhaps I should not snark so much; it was an informative article. That sentence gave me a good chuckle, though.
JO’C–You’re thinking of US v. Joanna Dial, 9 U.S.C.M.A. 541, 26 C.M.R. 321 (CMA 1958), which held that notwithstanding Reid v. Covert, there was jurisdiction over Mrs. Dial because she was charged with a non-capital offense (manslaughter), and Reid v. Covert was limited to the question of jurisdiction over a capital offense.
I think you’re right, Cloudesley. And she was the accused at issue in Kinsella v. United States ex rel. Singleton, where the Supreme Court rejected court-martial jurisdiction over civilians for non-capital offenses.
JO’C–Aha! I knew that the CMA case couldn’t possibly be good law, but the follow-on habeas case doesn’t show up in Shepard’s, and I didn’t search any further. The habeas case was brought by Mrs. Dial’s mother, thus Kinsella rather than Dial. Learn something new every day.
Actually, Cloudesley, Kinsella was the warden. Singeton was Dial’s mother.
D’oh!