Record Of Trial: Session 1
Colonel Jack Ross: The court-martial will come to order. You may be seated.
Captain Harmon Rabb Jr.: This court-martial is convened by general court-martial convening order number O1125, HQ United States Marine Corps European Command, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to this court-martial for trial and were served on the accused on October 19th 2006. The accused and the following persons detailed to this court-martial are present: military judge Colonel Jack Ross United States Marine Corps, trial counsel Captain Harmon Rabb Jr. United States Navy, defense counsel Lieutenant Colonel Mark Biggs United States Marine Corps and the accused Colonel Ciaran Creedon United States Marine Corps. Court reporter is automated and sanctioned by the Judge Advocate General’s office. I, Captain Harmon Rabb Jr. have been detailed to this court-martial by Lieutenant General Leonard Wade, Commanding General, United States Marine Corps European Command. I am prosecution qualified and certified under Article 27(b) and sworn under Article 42(a).
I have not acted in any manner which might tend to disqualify me in this court-martial.
Lieutenant Colonel Mark Biggs: I Lieutenant Colonel Mark Biggs have been detailed to this court-martial by Major General Gordon Creswell, Judge Advocate General, United States Navy. I am counsel qualified and certified under Article 27(b) and sworn under Article 42(a).
I have not acted in any manner which might tend to disqualify me in this court-martial.
Colonel Ross: Colonel Creedon, You have the right to be represented in this court-martial by Lieutenant Colonel Mark Biggs, your detailed defense counsel, or you may be represented by military counsel of your own selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have your detailed counsel continue to help in your defense. However, you may request that your detailed counsel continue to act as associate counsel with the military counsel you select and Major General Gordon Creswell, the detailing authority, may approve such a request. Do you understand?
Colonel Ciaran Creedon: I do, Your Honor.
Colonel Ross: In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you have any questions about your rights to counsel?
Colonel Creedon: I do not, Your Honor.
Colonel Ross: Who do you want to represent you?
Colonel Creedon: Your Honor, I will represent myself, but will request to retain Colonel Biggs as associate council.
Colonel Ross: Colonel Creedon, have you discussed this option with your counsel?
Colonel Creedon: I have, Your Honor.
Colonel Ross: Have you been made aware of the dangers of representing yourself?
Colonel Creedon: I am, Your Honor.
Colonel Ross: Colonel Biggs, have you made Colonel Creedon aware of the dangers of representing himself?
Lt. Colonel Biggs: I have, Your Honor.
Colonel Ross: Colonel Creedon, what factors do you believe make you qualified to represent yourself in a General Court-martial.
Colonel Creedon: I have more than a passing interest in Military Law, Your Honor. I have read a large percentage of both Title 10 of the US Code including all of the UCMJ and I’ve read and comprehend most of the United States Armed Forces Manual for Courts-martial 2005 edition. Furthermore between 1996 and 2005, I watched all 136 episodes of JAG and I’ve seen every episode of NCIS aired thus far in the United States. Finally my DVD collection includes, A Few Good Men, Rules Of Engagement and Hart’s War.
Colonel Ross: More than adequate Colonel, thank you. I accept your decision to represent yourself and your request to retain Colonel Biggs is granted. Counsel for the parties have the necessary qualifications, and have been sworn. I have been detailed to this court-martial by Major General Gordon Creswell, Judge Advocate General, United States Navy.
Captain Rabb: The general nature of the charges in this case are violation of regulations and cowardice before the enemy. The charges were preferred by Rear Admiral Carl Matlin, forwarded with recommendations as to disposition by myself and investigated by Lieutenant Commander Faith Coleman. Your Honor, are you aware of any matter which may be a ground for challenge against you?
Colonel Ross: I am aware of none.
Captain Rabb: The Government has no challenge for cause against the military judge.
Colonel Creedon: The Defense has no challenge for cause against the military judge.
Colonel Ross: Colonel Creedon, Do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offence, those members would determine a sentence?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you also understand that you may request in writing or orally here in the court-martial, trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Have you discussed these choices with your associate counsel?
Colonel Creedon: I have, Your Honor.
Colonel Ross: By which type of court-martial do you choose to be tried?
Colonel Creedon: I request a trial by you, Colonel Jack Ross alone, Your Honor.
Colonel Ross: A request for trial before me alone must be entered in the record of trial. I am Colonel Jack Ross. Colonel Creedon, Have you discussed this request and the rights I just described with your associate counsel?
Colonel Creedon: I have, Your Honor.
Colonel Ross: If I approve your request for trial by me alone you give up your right to trial by a court-martial composed of members. Do you wish to request trial before me alone?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Your request is approved. The court-martial is assembled. The accused will now be arraigned.
Captain Rabb: All parties and the military judge have been furnished a copy of the
charges and specifications. Does the accused want them read?
Colonel Creedon: The accused wants the charges read.
Captain Rabb: The charges are:
1. In violation of Article 92 of the UCMJ, Failure to obey an order or regulation. In that Colonel Ciaran Creedon, USMC did on or about 2003-2006, violate regulation Marine Corps Order P6100.12, by wrongfully becoming overweight.
2. In violation of Article 99 of the UCMJ, Misbehaviour Before The Enemy. In that Colonel Ciaran Creedon, USMC, did, on December 18th 2004, in the presence of Sith Apologist the enemy, run away and hide. The charges are signed by myself a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Secretary Of The Navy Edward Sheffield, the convening authority.
Colonel Ross: Colonel Creedon, How do you plead? Before receiving your pleas, I advise you that any motions to dismiss any charge or to grant other relief should be made at this time.
Colonel Creedon: The Defense has no motions. I plead guilty to the first charge Failure to obey an order or regulation but Not guilty to the second charge Misbehaviour Before The Enemy.
Colonel Ross: Your plea of guilty will not be accepted unless you understand its meaning and effect. I am going to discuss your plea of guilty with you now. If you have any questions, please say so. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: A plea of guilty is the strongest form of proof known to the law. On your plea alone, without receiving any evidence, this court-martial could find you guilty of the offence to which you are pleading guilty. Your plea will not be accepted unless you understand that by pleading guilty you admit every element of each offence and you are pleading guilty because you really are guilty. If you do not believe that you are guilty, you should not plead guilty for any reason. You have the right to plead not guilty and place the burden upon the prosecution to prove your guilt. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: By your plea of guilty you waive, or in other words, you give up certain important rights. You give up these rights only as to the offenses to which you have pleaded guilty. You keep them as to the offenses to which you have pleaded not guilty. The rights you give up are: First, the right against self-incrimination, that is the right to say nothing at all about this offense. Second, the right to a trial of the facts by the court-martial, that is, the right to have this court-martial decide whether or not you are guilty based on evidence presented by the prosecution and, if you chose to do so, by the Defense. Third, the right to be confronted by the witnesses against you, that is to see and hear the witnesses against you here in the court-martial and to have them cross-examined, and to call witnesses in your behalf. Do you understand these rights?
Colonel Creedon: I do, Your Honor.
Colonel Ross: If you plead guilty, there will not be a trial of any kind as to the offence to which you are pleading guilty, so by pleading guilty you give up the rights I have just described. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Associate defense counsel, what advice have you given as to the maximum punishment for the offenses to which the accused pleaded guilty?
Lt. Colonel Biggs: Your Honor, I have advised Colonel Creedon that he could be dismissed from the United States Marine Corps, he could have all pay and allowances forfeited and could be confined for a maximum of 2 years.
Colonel Ross: Trial counsel, do you agree with that?
Captain Rabb: I do, Your Honor
Colonel Ross: Colonel Creedon, by your plea of guilty this court-martial could sentence you to the maximum authorized punishment, which is dismissal from the United States Marine Corps, have all pay and allowances forfeited and be confined for a maximum of 2 years. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you feel you have had enough time to discuss your case with your associate counsel?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Associate defence counsel, do you feel that you have had enough time to discuss the case with your client?
Lt. Colonel Biggs: I do, Your Honor.
Colonel Ross: Colonel Creedon, are you satisfied with Colonel Biggs, your associate Defense counsel, and do you believe his advice has been in your best interest?
Colonel Creedon: I am, Your Honor and I do, Your Honor.
Colonel Ross: Are you pleading guilty voluntarily?
Colonel Creedon: I am, Your Honor.
Colonel Ross: Has anyone tried to force you to plead guilty?
Colonel Creedon: No, Your Honor.
Colonel Ross: In a moment, you will be placed under oath and we will discuss the facts of your case. If what you say is not true, your statements may be used against you in a prosecution for perjury or false statement. Do you understand?
Colonel Creedon: I do, Your Honor.
Captain Rabb: Do you swear that the statements you are about to make shall be the truth, the whole truth, and nothing but the truth so help you God?
Colonel Creedon: I do.
Colonel Ross: Colonel Creedon I am going to explain the elements of the offence to which you have entered a plea of guilty. By “elements” I mean the facts which the Government would have to prove by evidence beyond a reasonable doubt before you could be found guilty if you pleaded not guilty. When I state each of these elements ask yourself if it is true, and whether you want to admit that it is true. Then be ready to talk about these facts with me. Please look at your copy of the charges and specifications. You have pleaded guilty to Charge 1, Specification 1, a violation of Article 92 of the Uniform Code of Military Justice. The elements of that offence are that you, Colonel Ciaran Creedon did on or about 2003-2006, violate Marine Corps Order P6100.12, by wrongfully becoming overweight. Do you understand this element?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Does the element correctly describe what you did?
Colonel Creedon: It does, Your Honor.
Colonel Ross: As an order of the United States Marine Corps, were you aware of the regulation.
Colonel Creedon: I was your Honor.
Colonel Ross: Do you believe it is your responsibility to know and follow the regulations of the United States Marine Corps?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you not believe that the responsibility for ensuring regulations are adhered to should be borne by the United States Marine Corps?
Colonel Creedon: Your Honor, I believe that for junior enlisted and company grade officers in some situations, it can be argued that they do not bear that responsibility due to youth and inexperience, however there is no such excuse for an officer holding the most senior field grade such as I.
Colonel Ross: What is your height Colonel?
Colonel Creedon: 71 inches, Your Honor
Colonel Ross: What is the Maximum allowable weight for a US Marine of that height?
Colonel Creedon: 197lbs, Your Honor.
Colonel Ross: At the time of your Article 32 investigation, what was the investigating officer’s calculation of your weight?
Colonel Creedon: 231lbs your Honor.
Colonel Ross: Do you acknowledge that you were 34lbs overweight, contrary to Marine Corps regulations at the time of the Article 32 investigation?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Have you anything to add?
Colonel Creedon: I wish to apologize to the United States Marine Corps, members of the Joint Task Forces I’ve been assigned and the officers and men from the international security, intelligence and armed-forces assigned to my command as members of the United Nations Extra-Terrestrial Invasion Defense Agency, for putting their lives in danger.
Colonel Ross: Let the record show, that I as the military judge has made every effort to elicit from the accused, facts supporting the guilty plea by questioning the accused about the offence. The questioning has developed the accused’s description of the offence and established the existence of the element of the offence. I have been alert to discrepancies in the accused’s description and between the accused’s description and any stipulation. The accused’s discussion or other information has not disclosed, in my opinion, a possible Defense. Do you admit that you are Colonel Ciaran Creedon, United States Marine Corps, the accused in this case?
Colonel Creedon: I do, Your Honor.
Colonel Ross: On January 1 2003, were you a member of the United States Marine Corps on active duty, and have you remained on active duty since then?
Colonel Creedon: Yes I was, Your Honor and I have Your Honor.
Colonel Ross: Trial Counsel, is there a pre-trial agreement in this case?
Captain Rabb: There is, Your Honor.
Colonel Ross: Please furnish me with a copy of the pre-trial agreement and designate Appellate Exhibit A.
Copy is forwarded to the military judge
Colonel Ross: Colonel Creedon, I have here Appellate Exhibit A, which is part of a pre-trial agreement between you and Secretary Of The Navy, Edward Sheffield, the convening authority. Is this your signature which appears on the bottom of page and did you read this part of the agreement?
Colonel Creedon: It is, Your Honor and yes I did, Your Honor.
Colonel Ross: Did you also read and sign Appellate Exhibit B, which is the second part of the agreement?
Colonel Creedon: Yes I did, Your Honor.
Colonel Ross: Do you believe that you fully understand the agreement?
Colonel Creedon: I do, Your Honor.
Colonel Ross: I don’t know, and I don’t want to know at this time the sentence limitation you have agreed to. However, I want you to read that part of the agreement over to yourself once again.
Pause
Colonel Ross: Without saying what it is, do you understand the maximum punishment the convening authority may approve?
Colonel Creedon: I do, Your Honor.
Colonel Ross: In a pre-trial agreement, you agree to enter a plea of guilty to the charge and specification and, in return, the convening authority agrees to approve no sentence greater than that listed in Appellate Exhibit B, which you have just read. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: If the sentence adjudged by this court-martial is greater than the one provided in the agreement, the convening authority would have to reduce the sentence to one no more severe than the one in your agreement. On the other hand, if the sentence adjudged by this court-martial is less than the one in your agreement, the convening authority cannot increase the sentence adjudged. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Is this agreement, Appellate Exhibit A and B, the entire agreement between you and the convening authority? In other words, is it correct that there are no other agreements or promises in this case?
Colonel Creedon: It is, Your Honor.
Colonel Ross: Does trial counsel agree?
Captain Rabb: I do, Your Honor.
Colonel Ross: Colonel Creedon, Do you understand your pre-trial agreement?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you or trial counsel disagree with my explanation or interpretation of the agreement in any respect?
Colonel Creedon: I do not, Your Honor
Captain Rabb: No, Your Honor
Colonel Ross: Did the offer to make a pre-trial agreement originate with the Defense?
Colonel Creedon: It did, Your Honor.
Colonel Ross: Are you entering this agreement freely and voluntarily?
Colonel Creedon: I am, Your Honor.
Colonel Ross: Has anyone tried to force you to enter this agreement?
Colonel Creedon: No, Your Honor.
Colonel Ross: Have you fully discussed this agreement with your associate counsel, and are you satisfied that his advice is in your best interest?
Colonel Creedon: Yes, Your Honor and I am Your Honor.
Colonel Ross: Although you believe you are guilty, you have a legal and a moral right to plead not guilty and to require the Government to prove its case against you, if it can, by legal and competent evidence beyond a reasonable doubt. If you were to plead not guilty, then you would be presumed under the law to be not guilty, and only by introducing evidence and proving your guilt beyond a reasonable doubt can the Government overcome that presumption. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you have any questions about your plea of guilty, your pre-trial agreement, or anything we have discussed?
Colonel Creedon: I do not, Your Honor.
Colonel Ross: Do you still want to plead guilty?
Colonel Creedon: I do, Your Honor.
Colonel Ross: I find that the accused has knowingly, intelligently, and consciously waived his rights against self-incrimination, to a trial of the facts by a court-martial, and to be confronted by the witnesses against him; that the accused is, in fact guilty; and his plea of guilty is accepted. Colonel Creedon, You may request to withdraw your plea of guilty any time before the sentence is announced in your case and if you have a good reason for your request, I will grant it. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: In accordance with your plea of guilty, this court-martial finds you of Specification of Charge 1 and Charge 1: Guilty. We will now proceed with the second charge. Will the prosecution make an opening statement?
Captain Rabb: I will, Your Honor.
Colonel Ross: Will the Defense make an opening statement?
Colonel Creedon: I will, Your Honor.
Colonel Ross: Proceed with opening statements.
Captain Rabb: Your Honor, I have irrefutable evidence that suggests while Colonel Creedon is obviously a hero of international repute, he did display an selfish desire for self preservation on the day specified in the charge when faced with a superior opposing force and should be found guilty of discarding the edicts of the armed forces, branded a coward, dragged outside and shot.
Colonel Ross: You are grandstanding Captain, it’s a bit early for that I think. Suggestion of sentence will be stricken from the record.
Captain Rabb: I beg your pardon Your Honor and I apologize to the court and the accused. The Government rests its opening statement.
Colonel Creedon: Your Honor, Marines are humble about their accomplishments, we do not brag about our superiority in battle. We allow these to tell our tale.
Colonel Ross: Let the record show that Colonel Creedon is pointing to his award ribbons on his chest.
Colonel Creedon: It is insane to think I or one such as I could display an act of cowardice in any military situation real or even as this case, a simulated reality, and I will prove beyond reasonable doubt- nay, beyond a shadow of a doubt that I am innocent of such a ridiculous charge. The Defense rests its opening statement.
Colonel Ross: Trial counsel may call its first witness.
Captain Rabb: The Government does not have any witnesses at this time Your Honor, I have evidence in the forms of statements from users of Colonel Creedon’s online blog: The Colonel’s Eagle.
Colonel Creedon: Objection Your Honor, on what grounds should this blog be allowed into evidence, it is not a military controlled forum?
Colonel Ross: Sustained, I need a good reason here Captain.
Captain Rabb: Your Honor, The Colonel’s Eagle contains statements made by the accused while wearing the uniform or part thereof of a United States Marine Corps Colonel and as such his statements must be subject to military law while being representative of personal military opinion.
Colonel Ross: I agree, very well, enter the blog The Colonel’s Eagle as Appellate Exhibit C.
Captain Rabb: I would like to draw your attention to the URL: http://genthar.blogspot.com/2006/09/sizemores-reality-show.html
More specifically the comments attached as follows:
Sith apologist said, on Tuesday, September 12, 2006 at 19:20:13 “He's been known to yield to superior sabre skills?
Sith Apologist said, Wednesday, September 13, 2006 18:16:20 “… referring to the Theed Palace incident ....” This is in reference to a battle which took place between Colonel Creedon and Sith Apologist c1999.
Sith Apologist said, Thursday, September 14, 2006 19:43:34 “I remember "Colonel Creedon" saying something like "holy shit, do you live in this map?", and then quitting when "Colon Creedon" killed him! Also - the Colonel officially fears Shock Rifles :)”
Sith Apologist said, Tuesday, September 19, 2006 23:21:57 “But I think I recall a "running away from the lunatic (me) with the mini-gun" incident. That was cowardice?”
Colonel Creedon: Objection Your Honor. None of these statements can surely be entered as testimony in the record of this trial. The witness is not present and has not sworn an oath.
Colonel Ross: Captain Rabb? Colonel Creedon is correct in his interpretation as to the law of evidence. Can you produce this witness: Sith Apologist?
Captain Rabb: Your Honor, the witness has declined to offer testimony on two separate occasions, is a British national and not subject to a subpoena order under military law. I would however ask Colonel Creedon if he is the sort of man who would accept the written testimony here, argue against it and attempt to disprove it if he wishes to clear his name or if he is the type of man who would rather escape from this trial on a technicality?
Colonel Ross: Colonel Creedon, you do not have to answer the trial counsel’s question. The blog comments can be declared inadmissible and Captain Rabb will have to move on to additional evidence and or witnesses. If you accept the blog comments as testimony however the full letter of the law will apply and we shall continue. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Will you accept the blog comments as testimony in these court-martial proceedings and permit me to pass judgement based on findings within all comments on The Colonel’s Eagle?
Colonel Creedon: I request a continuance to properly analyse all possible permutations of use of the blog comments as testimony Your Honor.
Colonel Ross: A continuance is granted. This court-martial is adjourned until the necessary research is complete but such that is a period of not more than 2 weeks from today.
Captain Harmon Rabb Jr.: This court-martial is convened by general court-martial convening order number O1125, HQ United States Marine Corps European Command, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to this court-martial for trial and were served on the accused on October 19th 2006. The accused and the following persons detailed to this court-martial are present: military judge Colonel Jack Ross United States Marine Corps, trial counsel Captain Harmon Rabb Jr. United States Navy, defense counsel Lieutenant Colonel Mark Biggs United States Marine Corps and the accused Colonel Ciaran Creedon United States Marine Corps. Court reporter is automated and sanctioned by the Judge Advocate General’s office. I, Captain Harmon Rabb Jr. have been detailed to this court-martial by Lieutenant General Leonard Wade, Commanding General, United States Marine Corps European Command. I am prosecution qualified and certified under Article 27(b) and sworn under Article 42(a).
I have not acted in any manner which might tend to disqualify me in this court-martial.
Lieutenant Colonel Mark Biggs: I Lieutenant Colonel Mark Biggs have been detailed to this court-martial by Major General Gordon Creswell, Judge Advocate General, United States Navy. I am counsel qualified and certified under Article 27(b) and sworn under Article 42(a).
I have not acted in any manner which might tend to disqualify me in this court-martial.
Colonel Ross: Colonel Creedon, You have the right to be represented in this court-martial by Lieutenant Colonel Mark Biggs, your detailed defense counsel, or you may be represented by military counsel of your own selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have your detailed counsel continue to help in your defense. However, you may request that your detailed counsel continue to act as associate counsel with the military counsel you select and Major General Gordon Creswell, the detailing authority, may approve such a request. Do you understand?
Colonel Ciaran Creedon: I do, Your Honor.
Colonel Ross: In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you have any questions about your rights to counsel?
Colonel Creedon: I do not, Your Honor.
Colonel Ross: Who do you want to represent you?
Colonel Creedon: Your Honor, I will represent myself, but will request to retain Colonel Biggs as associate council.
Colonel Ross: Colonel Creedon, have you discussed this option with your counsel?
Colonel Creedon: I have, Your Honor.
Colonel Ross: Have you been made aware of the dangers of representing yourself?
Colonel Creedon: I am, Your Honor.
Colonel Ross: Colonel Biggs, have you made Colonel Creedon aware of the dangers of representing himself?
Lt. Colonel Biggs: I have, Your Honor.
Colonel Ross: Colonel Creedon, what factors do you believe make you qualified to represent yourself in a General Court-martial.
Colonel Creedon: I have more than a passing interest in Military Law, Your Honor. I have read a large percentage of both Title 10 of the US Code including all of the UCMJ and I’ve read and comprehend most of the United States Armed Forces Manual for Courts-martial 2005 edition. Furthermore between 1996 and 2005, I watched all 136 episodes of JAG and I’ve seen every episode of NCIS aired thus far in the United States. Finally my DVD collection includes, A Few Good Men, Rules Of Engagement and Hart’s War.
Colonel Ross: More than adequate Colonel, thank you. I accept your decision to represent yourself and your request to retain Colonel Biggs is granted. Counsel for the parties have the necessary qualifications, and have been sworn. I have been detailed to this court-martial by Major General Gordon Creswell, Judge Advocate General, United States Navy.
Captain Rabb: The general nature of the charges in this case are violation of regulations and cowardice before the enemy. The charges were preferred by Rear Admiral Carl Matlin, forwarded with recommendations as to disposition by myself and investigated by Lieutenant Commander Faith Coleman. Your Honor, are you aware of any matter which may be a ground for challenge against you?
Colonel Ross: I am aware of none.
Captain Rabb: The Government has no challenge for cause against the military judge.
Colonel Creedon: The Defense has no challenge for cause against the military judge.
Colonel Ross: Colonel Creedon, Do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offence, those members would determine a sentence?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you also understand that you may request in writing or orally here in the court-martial, trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Have you discussed these choices with your associate counsel?
Colonel Creedon: I have, Your Honor.
Colonel Ross: By which type of court-martial do you choose to be tried?
Colonel Creedon: I request a trial by you, Colonel Jack Ross alone, Your Honor.
Colonel Ross: A request for trial before me alone must be entered in the record of trial. I am Colonel Jack Ross. Colonel Creedon, Have you discussed this request and the rights I just described with your associate counsel?
Colonel Creedon: I have, Your Honor.
Colonel Ross: If I approve your request for trial by me alone you give up your right to trial by a court-martial composed of members. Do you wish to request trial before me alone?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Your request is approved. The court-martial is assembled. The accused will now be arraigned.
Captain Rabb: All parties and the military judge have been furnished a copy of the
charges and specifications. Does the accused want them read?
Colonel Creedon: The accused wants the charges read.
Captain Rabb: The charges are:
1. In violation of Article 92 of the UCMJ, Failure to obey an order or regulation. In that Colonel Ciaran Creedon, USMC did on or about 2003-2006, violate regulation Marine Corps Order P6100.12, by wrongfully becoming overweight.
2. In violation of Article 99 of the UCMJ, Misbehaviour Before The Enemy. In that Colonel Ciaran Creedon, USMC, did, on December 18th 2004, in the presence of Sith Apologist the enemy, run away and hide. The charges are signed by myself a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Secretary Of The Navy Edward Sheffield, the convening authority.
Colonel Ross: Colonel Creedon, How do you plead? Before receiving your pleas, I advise you that any motions to dismiss any charge or to grant other relief should be made at this time.
Colonel Creedon: The Defense has no motions. I plead guilty to the first charge Failure to obey an order or regulation but Not guilty to the second charge Misbehaviour Before The Enemy.
Colonel Ross: Your plea of guilty will not be accepted unless you understand its meaning and effect. I am going to discuss your plea of guilty with you now. If you have any questions, please say so. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: A plea of guilty is the strongest form of proof known to the law. On your plea alone, without receiving any evidence, this court-martial could find you guilty of the offence to which you are pleading guilty. Your plea will not be accepted unless you understand that by pleading guilty you admit every element of each offence and you are pleading guilty because you really are guilty. If you do not believe that you are guilty, you should not plead guilty for any reason. You have the right to plead not guilty and place the burden upon the prosecution to prove your guilt. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: By your plea of guilty you waive, or in other words, you give up certain important rights. You give up these rights only as to the offenses to which you have pleaded guilty. You keep them as to the offenses to which you have pleaded not guilty. The rights you give up are: First, the right against self-incrimination, that is the right to say nothing at all about this offense. Second, the right to a trial of the facts by the court-martial, that is, the right to have this court-martial decide whether or not you are guilty based on evidence presented by the prosecution and, if you chose to do so, by the Defense. Third, the right to be confronted by the witnesses against you, that is to see and hear the witnesses against you here in the court-martial and to have them cross-examined, and to call witnesses in your behalf. Do you understand these rights?
Colonel Creedon: I do, Your Honor.
Colonel Ross: If you plead guilty, there will not be a trial of any kind as to the offence to which you are pleading guilty, so by pleading guilty you give up the rights I have just described. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Associate defense counsel, what advice have you given as to the maximum punishment for the offenses to which the accused pleaded guilty?
Lt. Colonel Biggs: Your Honor, I have advised Colonel Creedon that he could be dismissed from the United States Marine Corps, he could have all pay and allowances forfeited and could be confined for a maximum of 2 years.
Colonel Ross: Trial counsel, do you agree with that?
Captain Rabb: I do, Your Honor
Colonel Ross: Colonel Creedon, by your plea of guilty this court-martial could sentence you to the maximum authorized punishment, which is dismissal from the United States Marine Corps, have all pay and allowances forfeited and be confined for a maximum of 2 years. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you feel you have had enough time to discuss your case with your associate counsel?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Associate defence counsel, do you feel that you have had enough time to discuss the case with your client?
Lt. Colonel Biggs: I do, Your Honor.
Colonel Ross: Colonel Creedon, are you satisfied with Colonel Biggs, your associate Defense counsel, and do you believe his advice has been in your best interest?
Colonel Creedon: I am, Your Honor and I do, Your Honor.
Colonel Ross: Are you pleading guilty voluntarily?
Colonel Creedon: I am, Your Honor.
Colonel Ross: Has anyone tried to force you to plead guilty?
Colonel Creedon: No, Your Honor.
Colonel Ross: In a moment, you will be placed under oath and we will discuss the facts of your case. If what you say is not true, your statements may be used against you in a prosecution for perjury or false statement. Do you understand?
Colonel Creedon: I do, Your Honor.
Captain Rabb: Do you swear that the statements you are about to make shall be the truth, the whole truth, and nothing but the truth so help you God?
Colonel Creedon: I do.
Colonel Ross: Colonel Creedon I am going to explain the elements of the offence to which you have entered a plea of guilty. By “elements” I mean the facts which the Government would have to prove by evidence beyond a reasonable doubt before you could be found guilty if you pleaded not guilty. When I state each of these elements ask yourself if it is true, and whether you want to admit that it is true. Then be ready to talk about these facts with me. Please look at your copy of the charges and specifications. You have pleaded guilty to Charge 1, Specification 1, a violation of Article 92 of the Uniform Code of Military Justice. The elements of that offence are that you, Colonel Ciaran Creedon did on or about 2003-2006, violate Marine Corps Order P6100.12, by wrongfully becoming overweight. Do you understand this element?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Does the element correctly describe what you did?
Colonel Creedon: It does, Your Honor.
Colonel Ross: As an order of the United States Marine Corps, were you aware of the regulation.
Colonel Creedon: I was your Honor.
Colonel Ross: Do you believe it is your responsibility to know and follow the regulations of the United States Marine Corps?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you not believe that the responsibility for ensuring regulations are adhered to should be borne by the United States Marine Corps?
Colonel Creedon: Your Honor, I believe that for junior enlisted and company grade officers in some situations, it can be argued that they do not bear that responsibility due to youth and inexperience, however there is no such excuse for an officer holding the most senior field grade such as I.
Colonel Ross: What is your height Colonel?
Colonel Creedon: 71 inches, Your Honor
Colonel Ross: What is the Maximum allowable weight for a US Marine of that height?
Colonel Creedon: 197lbs, Your Honor.
Colonel Ross: At the time of your Article 32 investigation, what was the investigating officer’s calculation of your weight?
Colonel Creedon: 231lbs your Honor.
Colonel Ross: Do you acknowledge that you were 34lbs overweight, contrary to Marine Corps regulations at the time of the Article 32 investigation?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Have you anything to add?
Colonel Creedon: I wish to apologize to the United States Marine Corps, members of the Joint Task Forces I’ve been assigned and the officers and men from the international security, intelligence and armed-forces assigned to my command as members of the United Nations Extra-Terrestrial Invasion Defense Agency, for putting their lives in danger.
Colonel Ross: Let the record show, that I as the military judge has made every effort to elicit from the accused, facts supporting the guilty plea by questioning the accused about the offence. The questioning has developed the accused’s description of the offence and established the existence of the element of the offence. I have been alert to discrepancies in the accused’s description and between the accused’s description and any stipulation. The accused’s discussion or other information has not disclosed, in my opinion, a possible Defense. Do you admit that you are Colonel Ciaran Creedon, United States Marine Corps, the accused in this case?
Colonel Creedon: I do, Your Honor.
Colonel Ross: On January 1 2003, were you a member of the United States Marine Corps on active duty, and have you remained on active duty since then?
Colonel Creedon: Yes I was, Your Honor and I have Your Honor.
Colonel Ross: Trial Counsel, is there a pre-trial agreement in this case?
Captain Rabb: There is, Your Honor.
Colonel Ross: Please furnish me with a copy of the pre-trial agreement and designate Appellate Exhibit A.
Copy is forwarded to the military judge
Colonel Ross: Colonel Creedon, I have here Appellate Exhibit A, which is part of a pre-trial agreement between you and Secretary Of The Navy, Edward Sheffield, the convening authority. Is this your signature which appears on the bottom of page and did you read this part of the agreement?
Colonel Creedon: It is, Your Honor and yes I did, Your Honor.
Colonel Ross: Did you also read and sign Appellate Exhibit B, which is the second part of the agreement?
Colonel Creedon: Yes I did, Your Honor.
Colonel Ross: Do you believe that you fully understand the agreement?
Colonel Creedon: I do, Your Honor.
Colonel Ross: I don’t know, and I don’t want to know at this time the sentence limitation you have agreed to. However, I want you to read that part of the agreement over to yourself once again.
Pause
Colonel Ross: Without saying what it is, do you understand the maximum punishment the convening authority may approve?
Colonel Creedon: I do, Your Honor.
Colonel Ross: In a pre-trial agreement, you agree to enter a plea of guilty to the charge and specification and, in return, the convening authority agrees to approve no sentence greater than that listed in Appellate Exhibit B, which you have just read. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: If the sentence adjudged by this court-martial is greater than the one provided in the agreement, the convening authority would have to reduce the sentence to one no more severe than the one in your agreement. On the other hand, if the sentence adjudged by this court-martial is less than the one in your agreement, the convening authority cannot increase the sentence adjudged. Do you understand that?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Is this agreement, Appellate Exhibit A and B, the entire agreement between you and the convening authority? In other words, is it correct that there are no other agreements or promises in this case?
Colonel Creedon: It is, Your Honor.
Colonel Ross: Does trial counsel agree?
Captain Rabb: I do, Your Honor.
Colonel Ross: Colonel Creedon, Do you understand your pre-trial agreement?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you or trial counsel disagree with my explanation or interpretation of the agreement in any respect?
Colonel Creedon: I do not, Your Honor
Captain Rabb: No, Your Honor
Colonel Ross: Did the offer to make a pre-trial agreement originate with the Defense?
Colonel Creedon: It did, Your Honor.
Colonel Ross: Are you entering this agreement freely and voluntarily?
Colonel Creedon: I am, Your Honor.
Colonel Ross: Has anyone tried to force you to enter this agreement?
Colonel Creedon: No, Your Honor.
Colonel Ross: Have you fully discussed this agreement with your associate counsel, and are you satisfied that his advice is in your best interest?
Colonel Creedon: Yes, Your Honor and I am Your Honor.
Colonel Ross: Although you believe you are guilty, you have a legal and a moral right to plead not guilty and to require the Government to prove its case against you, if it can, by legal and competent evidence beyond a reasonable doubt. If you were to plead not guilty, then you would be presumed under the law to be not guilty, and only by introducing evidence and proving your guilt beyond a reasonable doubt can the Government overcome that presumption. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Do you have any questions about your plea of guilty, your pre-trial agreement, or anything we have discussed?
Colonel Creedon: I do not, Your Honor.
Colonel Ross: Do you still want to plead guilty?
Colonel Creedon: I do, Your Honor.
Colonel Ross: I find that the accused has knowingly, intelligently, and consciously waived his rights against self-incrimination, to a trial of the facts by a court-martial, and to be confronted by the witnesses against him; that the accused is, in fact guilty; and his plea of guilty is accepted. Colonel Creedon, You may request to withdraw your plea of guilty any time before the sentence is announced in your case and if you have a good reason for your request, I will grant it. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: In accordance with your plea of guilty, this court-martial finds you of Specification of Charge 1 and Charge 1: Guilty. We will now proceed with the second charge. Will the prosecution make an opening statement?
Captain Rabb: I will, Your Honor.
Colonel Ross: Will the Defense make an opening statement?
Colonel Creedon: I will, Your Honor.
Colonel Ross: Proceed with opening statements.
Captain Rabb: Your Honor, I have irrefutable evidence that suggests while Colonel Creedon is obviously a hero of international repute, he did display an selfish desire for self preservation on the day specified in the charge when faced with a superior opposing force and should be found guilty of discarding the edicts of the armed forces, branded a coward, dragged outside and shot.
Colonel Ross: You are grandstanding Captain, it’s a bit early for that I think. Suggestion of sentence will be stricken from the record.
Captain Rabb: I beg your pardon Your Honor and I apologize to the court and the accused. The Government rests its opening statement.
Colonel Creedon: Your Honor, Marines are humble about their accomplishments, we do not brag about our superiority in battle. We allow these to tell our tale.
Colonel Ross: Let the record show that Colonel Creedon is pointing to his award ribbons on his chest.
Colonel Creedon: It is insane to think I or one such as I could display an act of cowardice in any military situation real or even as this case, a simulated reality, and I will prove beyond reasonable doubt- nay, beyond a shadow of a doubt that I am innocent of such a ridiculous charge. The Defense rests its opening statement.
Colonel Ross: Trial counsel may call its first witness.
Captain Rabb: The Government does not have any witnesses at this time Your Honor, I have evidence in the forms of statements from users of Colonel Creedon’s online blog: The Colonel’s Eagle.
Colonel Creedon: Objection Your Honor, on what grounds should this blog be allowed into evidence, it is not a military controlled forum?
Colonel Ross: Sustained, I need a good reason here Captain.
Captain Rabb: Your Honor, The Colonel’s Eagle contains statements made by the accused while wearing the uniform or part thereof of a United States Marine Corps Colonel and as such his statements must be subject to military law while being representative of personal military opinion.
Colonel Ross: I agree, very well, enter the blog The Colonel’s Eagle as Appellate Exhibit C.
Captain Rabb: I would like to draw your attention to the URL: http://genthar.blogspot.com/2006/09/sizemores-reality-show.html
More specifically the comments attached as follows:
Sith apologist said, on Tuesday, September 12, 2006 at 19:20:13 “He's been known to yield to superior sabre skills?
Sith Apologist said, Wednesday, September 13, 2006 18:16:20 “… referring to the Theed Palace incident ....” This is in reference to a battle which took place between Colonel Creedon and Sith Apologist c1999.
Sith Apologist said, Thursday, September 14, 2006 19:43:34 “I remember "Colonel Creedon" saying something like "holy shit, do you live in this map?", and then quitting when "Colon Creedon" killed him! Also - the Colonel officially fears Shock Rifles :)”
Sith Apologist said, Tuesday, September 19, 2006 23:21:57 “But I think I recall a "running away from the lunatic (me) with the mini-gun" incident. That was cowardice?”
Colonel Creedon: Objection Your Honor. None of these statements can surely be entered as testimony in the record of this trial. The witness is not present and has not sworn an oath.
Colonel Ross: Captain Rabb? Colonel Creedon is correct in his interpretation as to the law of evidence. Can you produce this witness: Sith Apologist?
Captain Rabb: Your Honor, the witness has declined to offer testimony on two separate occasions, is a British national and not subject to a subpoena order under military law. I would however ask Colonel Creedon if he is the sort of man who would accept the written testimony here, argue against it and attempt to disprove it if he wishes to clear his name or if he is the type of man who would rather escape from this trial on a technicality?
Colonel Ross: Colonel Creedon, you do not have to answer the trial counsel’s question. The blog comments can be declared inadmissible and Captain Rabb will have to move on to additional evidence and or witnesses. If you accept the blog comments as testimony however the full letter of the law will apply and we shall continue. Do you understand?
Colonel Creedon: I do, Your Honor.
Colonel Ross: Will you accept the blog comments as testimony in these court-martial proceedings and permit me to pass judgement based on findings within all comments on The Colonel’s Eagle?
Colonel Creedon: I request a continuance to properly analyse all possible permutations of use of the blog comments as testimony Your Honor.
Colonel Ross: A continuance is granted. This court-martial is adjourned until the necessary research is complete but such that is a period of not more than 2 weeks from today.
posted by Capt. Harmon Rabb at 12:10 am
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