Article 32 Hearing

The Colonel's Article 32 hearing didn't go as well as I planned admittedly, but neither was it a dismal failure.

We had some technical difficulties as the proceedings took (and will continue to take place) via a webcam-enabled messaging service. This will also benefit transcripts of the trial later.

The first charge the Colonel was accused of following the Article 32 Investigation was under Article 92. 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." I started with this as it's hard to deny (the Colonel's lower buttons on his Class-A's were straining under pressure). The Colonel's Defence Counsel, Lieutenant Colonel Mark Biggs seemed to wish to blame the USMC itself for not enforcing the regulation on Colonel Creedon, but it appeared that the Colonel himself didn't want the Corps blamed and so did not contest the charge which will now go to trial. Col.Biggs appeared upset at this, as he did Col.Creedon dismissed him from his service and elected to conduct the remainder of his defence himself as he suggested he would earlier.

I felt this was a good start and everything was working to my advantage. Next up was Article 99. 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." I introduced evidence in the form of a statement from Sith Apologist describing the event. The Colonel argued that the engagement did not take place in reality as Unreal Tournament was not reality like Soldier Of Fortune or Rainbow Six, that Sith Apologist declined to testify and was not under the jurisdiction of a subpoena. The Judge, Colonel Jack Ross, however thought there was sufficient cause for trial, so I won that too.

Article 112. came up next: Drunk On Duty. "In that Colonel Ciaran Creedon was, on August 17th 2006 found drunk while on duty while giving a statement concerning the success of the Osprey programme and made an obscene gesture." The Colonel however proved that he was not on duty at that time, he gave the statement while off duty, had been drinking but was not intoxicated and it could not be so proved otherwise. Judge Ross agreed and I dropped the Drunk On Duty charge in favour of a charge under Article 133. Conduct Unbecoming An Officer And A Gentleman - Obscene Words Or Gestures which the Judge would not accept as the Colonel was not in uniform while making the alleged gesture and that the gesture itself could not be confirmed as an obscene gesture as the evidence was censored. The charge would not go to trial- so it was two to me and one to the Colonel.

The next charge of Drunk And Disorderly, I admit, screwed up myself as I designated it under Article 133. Conduct Unbecoming An Officer And A Gentleman instead of the aforeused Article 112. Drunk On Duty (which I didn't use because we had less proof than the earlier Art. 112. charge that the Colonel was on duty) we did not have a date and the witness to disorderly was by assumption intoxicated as well. So that didn't pass the Judge either- 2 all now.

There were a further two separate and unrelated charges under Article 134. The General Article, one count of Bribery and Graft and one of Reckless Endangerment. Unfortunately I am not allowed even to detail the specifics of the charges as the Colonel enacted a Department of Defence Directive which provides a grant of immunity in a case involving classified information. The judge ruled in favour of the Colonel following consultation with the SECNAV.
Judge Ross recommended the remaining two charges for General Court-martial later this week.

Well, I guess two out of six charges going to trial isn’t so bad. A plea-bargain is in the works now- anyone have any ideas what I should get?