Posted on Jun 9, 2023
Marine Corps drops charges against lance corporal who spent 113 days in the brig
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Posted 1 y ago
Responses: 5
They should have released her earlier. And now, leave her alone and let her get back to work
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*If* the accusations in the story are true, she is getting off extremely lightly.
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SFC Casey O'Mally
1SG Russell Scott Fruit of the poisonous tree does not work the way he described in the video.
Any charges stemming from an illegal discovery go away. Any charges stemming from an illegal law also go away.
But charges from a SEPARATE INCIDENT remain.
The movement, independent of the Vax mandate was valid. An order to get on the plain was also equally valid.
The USMC has authority to order movement completely separate of anything else. Missed movement is still missed movement. Lawful orders are still lawful orders. And forgery - which she DID COMMIT - is still forgery.
If I am in a liquor store when it is robbed, and the police mistakenly arrest me, any charges from that arrest can be dropped. If I have guns and dope on em, plus they find one of the guns tied to a different crime, that can all go away.
But if, while the cops are trying to arrest me, I pull the cop's gun and shoot him, then steal the car and lead a high-speed chase, crashing multiple times and injuring five, killing 4, I don't get to claim fruit of the poisonous tree because it all stemming from that erroneous arrest for robbing a liquor store.
The missed movement and disrespect and disobeying orders charges were separate ensuing incidents.
The forgery charge, even if dropped was completely valid, so fruit of the poisonous tree also does not apply.
Finally, while she was good at staying in one place, she was NOT good at showing up where she needed to be. Taking custody is a way (not saying the best way, but a valid way) to ensure that she shows up where she needs to be. She had already failed to do so twice in a BIG way.
She was not falsely imprisoned.
And it is not toxic leadership. It is toxic Lance.
Any charges stemming from an illegal discovery go away. Any charges stemming from an illegal law also go away.
But charges from a SEPARATE INCIDENT remain.
The movement, independent of the Vax mandate was valid. An order to get on the plain was also equally valid.
The USMC has authority to order movement completely separate of anything else. Missed movement is still missed movement. Lawful orders are still lawful orders. And forgery - which she DID COMMIT - is still forgery.
If I am in a liquor store when it is robbed, and the police mistakenly arrest me, any charges from that arrest can be dropped. If I have guns and dope on em, plus they find one of the guns tied to a different crime, that can all go away.
But if, while the cops are trying to arrest me, I pull the cop's gun and shoot him, then steal the car and lead a high-speed chase, crashing multiple times and injuring five, killing 4, I don't get to claim fruit of the poisonous tree because it all stemming from that erroneous arrest for robbing a liquor store.
The missed movement and disrespect and disobeying orders charges were separate ensuing incidents.
The forgery charge, even if dropped was completely valid, so fruit of the poisonous tree also does not apply.
Finally, while she was good at staying in one place, she was NOT good at showing up where she needed to be. Taking custody is a way (not saying the best way, but a valid way) to ensure that she shows up where she needs to be. She had already failed to do so twice in a BIG way.
She was not falsely imprisoned.
And it is not toxic leadership. It is toxic Lance.
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Lt Col Scott Shuttleworth
SFC Casey O'Mally absolutely not! But each case has to be looked at differently...blanket shoot at dawn one size fits all isn't the way to lead.IMHO
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SFC Casey O'Mally
1SG Russell Scott That is a huge leap.
I do not agree with the decision to Court Martial. IMHO she should have been given a Company Grade Art 15 when she missed movement the 1st time. A Field Grade for the forgery. The second missed movement means another field Grade and a pattern of misconduct discharge.
But let's go back to the overarching topic on this thread.... false imprisonment. She had charges pending and had PROVEN she was unwilling or unable to show up to her hearing. What do we do when that happens? We lock you up until your hearing so we can MAKE SURE you get there. That is not false imprisonment. Even if the charges are dropped. Especially if the charges are dropped without prejudice.
I do not agree with the decision to Court Martial. IMHO she should have been given a Company Grade Art 15 when she missed movement the 1st time. A Field Grade for the forgery. The second missed movement means another field Grade and a pattern of misconduct discharge.
But let's go back to the overarching topic on this thread.... false imprisonment. She had charges pending and had PROVEN she was unwilling or unable to show up to her hearing. What do we do when that happens? We lock you up until your hearing so we can MAKE SURE you get there. That is not false imprisonment. Even if the charges are dropped. Especially if the charges are dropped without prejudice.
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