Judge McMahon has issued a decision in United States v. Santiago, 13 Cr. 039(CM) (S.D.N.Y. Dec. 19, 2013), in the Southern Dist. of N.Y.
It is a 56 page decision on the accused’s motion to dismiss for prosecutorial misconduct and due process, failure to allege the elements, and a Miranda violation. It is a MEJA prosecution. At the time of the alleged offenses Santiago was a Marine reservist serving in Iraq. It is alleged he injured a corpsman, because he was being – my words – a cowboy with his weapon. It is worth the read, but it is not a flattering read for Marine judge advocates, NCIS, and others – people are named. The opinion ends with the following.
Frankly, I think Michael John Carpeso [the victim] deserved a little more “Semper Fi” than he got from the United States Marine Corps.