Audio of last week’s oral argument of two cases at the Air Force CCA is available at the following links:

United States v. Yarber, argued on Wednesday, January 15, 2014

United States v. Buford, argued on Thursday, January 16, 2014

No additional case information is posted on the CCA’s website.

2 Responses to “AFCCA argument audio: Yarber & Buford”

  1. Michael Lowrey says:

    I’ve listed to the audio of these oral arguments. Both are government appeals. A quick summary:
    Yarber is a sexual assault case. The issue on appeal centers on the victim’s cell phone, which contained a text message exchange with the accused and maybe other exculpatory messages. The government didn’t take the phone into evidence though, and the victim subsequently lost it. As a remedy, the MJ, citing Article 46, RCM 703, and the Jencks Act, ordered the victim’s testimony suppressed.
    Buford is a child porn case with a twist. The issue at this stage centers on the actions of a junior security forces member and whether he was acting as an agent of the government or private actor when he, while off duty, searched a computer, something he wasn’t trained to do, and came across CP. The MJ ordered the media/accounts with the CP on it suppressed.

  2. Phil Cave says:

    Mike,
     
    The failure of OSI (the office of significantly inadequate investigations) to do this simple task is all too common.  Plenty of cases where this is happening.  I don’t understand why they don’t take a cellphone picture of the texts and have them forwarded to an agent’s phone.  And also why they don’t immediately send a preservation notice to places like Facebook and other ISP and social media sites which are becoming all too common means of relevant communications.  Good for the judge.  He’ll be reversed, which if that happens will only encourage OSI to continue doing the same thing.  Now, Army CID and NCIS, that seems to be one of the simple things they get, at least most of the time.
    Could this presage and event in the upcoming Naval Academy case – the cellphone fiasco.  Although the media issue may overshadow.