Posted on Feb 14, 2019
Green Beret wants murder case tossed, says Army cop wore fake medals
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A Green Beret accused of murdering an unarmed Afghan man wants charges dropped because an investigator assigned to his case faces his own charges of "stolen valor" – meaning he allegedly claimed medals and other honors he didn't earn.
In a memo filed by his lawyer Wednesday, Maj. Matt Golsteyn demanded his murder case go straight to trial or that the charges be dismissed, waiving his right to a preliminary hearing in military court.
Among the reasons Golsteyn's lawyer, Phil Stackhouse, cites for waiving the "Article 32" preliminary hearing and requesting dismissal is that Army Sgt. 1st Class Mark Delacruz, an Army Criminal Investigation Command agent assigned to Golsteyn's case, has been charged with four specifications of "intent to deceive." According to the charges against Delacruz, he claimed he earned a Purple Heart and falsely wore a Combat Action Badge and other awards. The charges state "such conduct [is] of a nature to bring discredit upon the armed forces."
In his memo to the U.S. Army Special Operations Command (USASOC), which will convene the military court for Golsteyn, Stackhouse alleges Delacruz "held himself out as a Special Forces soldier, infantryman, sniper, and bragged about killing people in combat."
In a memo filed by his lawyer Wednesday, Maj. Matt Golsteyn demanded his murder case go straight to trial or that the charges be dismissed, waiving his right to a preliminary hearing in military court.
Among the reasons Golsteyn's lawyer, Phil Stackhouse, cites for waiving the "Article 32" preliminary hearing and requesting dismissal is that Army Sgt. 1st Class Mark Delacruz, an Army Criminal Investigation Command agent assigned to Golsteyn's case, has been charged with four specifications of "intent to deceive." According to the charges against Delacruz, he claimed he earned a Purple Heart and falsely wore a Combat Action Badge and other awards. The charges state "such conduct [is] of a nature to bring discredit upon the armed forces."
In his memo to the U.S. Army Special Operations Command (USASOC), which will convene the military court for Golsteyn, Stackhouse alleges Delacruz "held himself out as a Special Forces soldier, infantryman, sniper, and bragged about killing people in combat."
Green Beret wants murder case tossed, says Army cop wore fake medals
Posted from nbcnews.com
Murder
Afghanistan
Stolen Valor
Court Martial
Special Forces
Posted 6 y ago
Responses: 5
Well....if he does go to trial and convicted....this could be a serious reason for appeal. Any Prosecutor with a brain should not take this to trial since the Investigator is tainted and who knows how much "evidence" and "statements" are tainted? I mean, I'm no legal expert, but I would be screaming serious foul if I were in his shoes.
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Interesting, my friend PO1 William "Chip" Nagel. This certainly seems to be a novel approach to a defense in an homicide case. Kudos to the defense attorney team for using their imagination :-)
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