tag:blogger.com,1999:blog-10820485.post4230913295545559213..comments2023-11-03T09:36:22.100-04:00Comments on In From the Cold: A Return of the Murphy Defense?George Smileyhttp://www.blogger.com/profile/07049707648660651119noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-10820485.post-86477852507710057142010-02-28T11:44:26.113-05:002010-02-28T11:44:26.113-05:00"Adultery and Misuse of Official Position&quo..."Adultery and Misuse of Official Position"<br />What is the official position for the USAF, does it have a number?Brianhttps://www.blogger.com/profile/06358349301959327747noreply@blogger.comtag:blogger.com,1999:blog-10820485.post-86186040473799110722010-02-26T18:20:00.793-05:002010-02-26T18:20:00.793-05:00*yawn* So yet another senior (pick one: enlisted/o...*yawn* So yet another senior (pick one: enlisted/officer) has another alleged inappropriate contact with (pick one: sub/opposite sex/same sex.<br /><br />I would assume since the process has gotten to the court martial stage that there *might* be substance to the charges, but we'll wait for the outcome to pronounce judgment.<br /><br />As the navy has found with "friggin' in the riggin'" so the other services seem to (re)discover a fact of nature. Put men and women together in tense circumstances and sex happens. I am still waiting for the adults to finally admit that there is no stopping the spooning behind the barracks, just come up with a better way of dealing with it. If it truly is a case of senior/sub harassment, I also do not see where there could be any rational defense of the act. Sexual harassment lectures, indoctrinations, courses, and refreshers have been a natural fact of military life for 40 years. None of that should be a surprise. And on the flip side, if it comes out that this is a case of "stick to the man" on the part of the junior, then similar wrath should be meted out to the offender likewise.JoeChttps://www.blogger.com/profile/14319588770631597756noreply@blogger.comtag:blogger.com,1999:blog-10820485.post-20169010790307556292010-02-26T15:05:42.710-05:002010-02-26T15:05:42.710-05:00Ray/Storms: Fact is, the Air Force (and the other...Ray/Storms: Fact is, the Air Force (and the other branches of the armed forces) have been court-martialing people with security clearances for years. In those cases, there was apparently no problem in defense attorneys getting details of their clients military record (at least a sanitized version of their achievements) and presenting it in court. <br /><br />But the Murphy case represents a sweetheart deal of the worst sort. I fully believe that the Colonel (and his legal team) knew that the White House would never divulge details of his "classified" service and built his case around that factor, and its impact on the "good airman" defense. <br /><br />To me, the amazing thing is that the military judge, Stephen Henley, bought the argument. And Henley is an Army judge; the USAF asked an Army judge to hear the case simply because Murphy knew/worked with--or even supervised--many Air Force judges during his career. <br /><br />And once Henley made his ruling, it was affirmed by the Air Force military appeals court. At that point, Murphy was essentially a free man; the service could convict him, but he couldn't be punished. <br /><br />If I were Gurney's defense counsel, I'd be asking for details of his involvement with every classified program the Chief was ever involved with, in preparation for the "good airman" defense. I'm guessing that Gurney doesn't have the horsepower to get folks in the spook world to deny those requests, as the White House did. But the precedent of the Murphy case certainly gives them grounds for a successful appeal, in the event of conviction. <br /><br />If nothing else, the threat of a Murphy defense will probably be enough to get the Air Force to cut some sort of deal, allowing Gurney to retire as an E-8, and without any jail time. <br /><br />As I implied in the post, the Murphy case will haunt the Air Force for years to come. The legal process could have easily handled the classified elements of his career, but the White House threw him a lifeline, and the military justice system gave Murphy a stay out of jail card. This mess stinks to high heaven, even if Murphy does retire as a First Lieutenant.Anonymoushttps://www.blogger.com/profile/12712369389411084085noreply@blogger.comtag:blogger.com,1999:blog-10820485.post-63066709860530483872010-02-26T01:09:06.657-05:002010-02-26T01:09:06.657-05:00Agreed - I don't understand why the jury can&#...Agreed - I don't understand why the jury can't be read into and then out of whatever program is needed. Isn't the criteria "need to know?" If so, then theirs would be the need to hear this so-called "good airman's" record in a judicial proceeding.Storms24https://www.blogger.com/profile/14360242925876169578noreply@blogger.comtag:blogger.com,1999:blog-10820485.post-85914957190990370262010-02-25T22:29:04.056-05:002010-02-25T22:29:04.056-05:00If that sort of thing should become a common, isn&...If that sort of thing should become a common, isn't a better idea to empanel a jury consisting of people who can be cleared for those programs, rather than letting people in sensitive areas walk?Rayhttps://www.blogger.com/profile/04647814660147382997noreply@blogger.com