Audio of this week’s oral arguments at the NMCCA is available at the following links:

United States v. Hackler: Oral argument audio

United States v. Chikaka: Oral argument audio

3 Responses to “NMCCA oral argument audio: Hackler & Chikaka”

  1. President Comacho says:

    Anyone happen to check the Army’s courts-martial results.  My god, how many sexual assault and rape acquittals will it take to convince these Trial Counsel that bullsh$$ cases lead to acquittals.  It would be a joke if all of those Soldiers didn’t have their life on hold for years, careers ruined, and reputation ruined.  What is going on in the JAG Corps? I never lost a case as a Trial Counsel b/c I didn’t charge offenses which did not have credible evidence.  It’s time for some adult supervision.  Are SJAs just yes men to the GCMCAs? Or are the GCMCAs moral cowards who send everything to trial b/c they fear they won’t get promoted?
     
    This is the reason I recommend young men never join military service if they plan to ever having a relationship with a woman.

  2. President Comacho says:

    Anyone happen to check the Army’s courts-martial results.  My god, how many sexual assault and rape acquittals will it take to convince these Trial Counsel that bullsh$$ cases lead to acquittals.  It would be a joke if all of those Soldiers didn’t have their life on hold for years, careers ruined, and reputation ruined.  What is going on in the JAG Corps? I never lost a case as a Trial Counsel b/c I didn’t charge offenses which did not have credible evidence. I did have a number of acquittals – all sexual /rape charges.  
     
    It’s time for some adult supervision.  Are SJAs just yes men/women to the GCMCAs? Or are the GCMCAs moral cowards who send everything to trial b/c they fear they won’t get promoted?
     

  3. k fischer says:

    Mr. President,
     
    The acquittals don’t matter much to Senator Claire McCaskill who has but two measures on her yardstick to determine how effective the recent changes are with the UCMJ in regards to sexual assault allegations:  (1) does it protect victims, and (2) does it result in more prosecutions.  The don’t see a > 50% acquittal rate.  What they see is an increase in the number of convictions. 
     
    In fact, in today’s military being falsely accused of a sexual assault and facing a court-martial is merely a normal job hazard. I had the same policy regarding charging decisions, although I did lose a rape case.  However, today’s narrative is that we just didn’t take the tough cases because we were too afraid of losing.  Truth is that I was never afraid of losing a tough case.  Instead, I was more concerned of winning a case which resulted in an innocent man going to jail, or in the very least, being flagged for a year, not promoted, turned down for promotion, not going to career advancing schools, etc. 
     
    Some TC’s don’t care about those kinds of things, which I’m hoping they are in the vast minority.  But here is a good litmus test to see if they are:  When even their fellow trial counsel refer to them as “true believers,” then I would hope they might listen and cop a clue.