United States v. Dial
An officer was sentenced Sunday to dismissal from the Army but no time in prison after being found guilty of attempting to sexually assault a teenage family member while visiting Disneyland Paris three years ago. [The prosecution had called for up to a five-year prison sentence.]
Sua sponte the MJ
Pritchard described the verdicts as “inconsistent” after the jury announced them Saturday.
The MJ imposed the mandatory dismissal; which is good because otherwise he wouldn't have any appeal.
Sadly, the reporting from S&S is incorrect. "A Dismissal will turn into a DD."
Yep BB. As we know very few civilians know the difference and automatically assume they are the same designation.
I have to applaud the MJ for doing the right thing. Hopefully the conviction will get overturned on factual insufficiency.
What am I missing here? Why is it inconsistent to say there was an attempt but not a consummated offense?
Donald G Rehkopf, Jr.
Well, at least he's got a preserved unanimity issue . . . . .
To my fellow military justice practitioners: I was the civilian defense counsel in US v LTC Dial. The finding as to the Charge of attempted sexual assault was inconsistent with the findings on the sexual assault charges and specifications. The military judge did a service to our client by highlighting that inconsistency even as he decided that the facts did not permit him to render a finding of Not Guilty as to the attempted sexual assault. I am very hopeful that the ACCA will see it the same way, much as did the NMCCA in Colonel Wilson's case (https://www.jag.navy.mil/courts/documents/archive/2019/WILSON_201800022_UNPUB.pdf#page=53) which was a much stronger case on the mertis than our own. Feel free to reach out by email if you want information about the trial or the litigation on the unanimity motion. Semper Fi, Patrick McLain firstname.lastname@example.org
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