More prosecutions in PVT Chen suicide

The Fayetteville Observer reports here:

[SPC] Thomas Porter Curtis . . . will be the fourth soldier to stand trial in [PVT Danny] Chen’s death.

Chen, 19, of New York, committed suicide Oct. 3 at Combat Outpost Palace in Afghanistan. . . .

 Curtis is charged with negligent homicide, reckless endangerment, six specifications of maltreatment of a subordinate, four specifications of assault and two specifications of violation of a lawful general regulation. . . .

He’s accused of using racial slurs against Chen and of throwing rocks at him, kicking him and ordering him to stand as though he’s sitting in a chair and then striking him in the thigh.

Gitmo Commission hearings delayed due to Tropical Storm Isaac

Here is Julie tate’s report at the WaPo on the latest delay in the trials of the 9/11 conspirators.  Tate writes:

A tropical storm gathering strength in the Caribbean forced the U.S. military on Wednesday to postpone the latest hearings for the five detainees charged in the Sept. 11, 2001, attacks, as officials evacuated staff members and others from Guantanamo Bay

Beard-gate rolls on [updated]

Here is the Houston Chronicle’s report on the brief filed on behalf of the military judge in the MAJ nidal hasan court-martial:

The attorneys, in a document filed on behalf of Col. Gregory Gross, contend that forcibly shaving Maj. Nidal Hasan would not violate the American-born Muslim’s religious freedoms and said it is similar to “and no more invasive than” a judge’s right to restrain a defendant who is disruptive during a court-martial.

“Forced shaving is not a novel concept in the military,” military attorneys said in the judge’s response filed with the U.S. Court of Appeals for the Armed Forces. They cited no specific cases of other soldiers being forcibly shaved. “Army regulations expressly authorize nonconsensual haircutting and face-shaving for recalcitrant incarcerated soldiers. … If the judge has authority to bind and gag a disruptive accused (soldier), then certainly he has authority to forcibly shave (Hasan).”

I am not seeing the disruptiveness analogy between gagging and shaving, other than that they both occur on the face.  Anyone have a copy of the “governemnt” brief?  Send it to noman@caaflog.com.  Update:  Here is a link to the government brief.   H/t Anon

3 Responses to “Military Justice News for August 23, 2012 [updated]”

  1. Gene Fidell says:

    The Army’s forced shaving regulation is AR 190-47, para 11-5f.

  2. SgtDad says:

    Aside from the racial slurs, how is that different from Boot Camp?  Not that I excuse bad leadership in a combat zone.

  3. Mike "No Man" Navarre says:

    Thanks Gene.  The Army really does think of everything.  So glad they gave some love to the vocational barber.  But I think the policy discriminates against stylish men who want a little scissor treatment on their quaffe.  Next Writ, Writ of Prohibition to Prohibit Discrimination Against Stylish Men.

    f. In those instances when a prisoner refuses to bathe or comply with haircut or shave standards, refuses to eat, accept necessary medical attention, or be vaccinated in accordance with Army health regulations, the prisoner may be restrained with the reasonable force necessary to administer the appropriate action. Whenever it is necessary to use reasonable and necessary force for this purpose, the following will be accomplished: (1) A properly licensed barber, or in the case of female prisoners, beautician, as established by the Army/Air Force Exchange System, will be used if available. If no exchange barber or beautician is available, a senior correctional supervisor may administer haircuts or shaves. Senior female correctional supervisors will be used in this case when haircutting for female prisoners is required. A vocational barber instructor may be used to cut the hair of male and female prisoners. . . . (5) Electric hair clippers and shavers will be used exclusively.