quote:
Not sure I buy this one. We always let the civilians take charge when they want to prosecute. Something tells me there was conflicting evidence, the civilians didn't think it was a strong case, so then the military tried a courts-martial

Wouldn’t military be considered federal under dual sovereignty or separate sovereigns allowing DA to still pursue afterwards if enough evidence?

It was the reverse order, but Timothy Hennis was acquitted by state/local and when new evidence acquired (DNA) he was recalled back into service at Fort Brag just to be court martialed for same crime (actions).

This post was edited on 11/24/23 at 7:34 pm

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Posted by 777Tiger

Member since Mar 2011

73856 posts

Posted on 11/24/23 at 7:23 pm to dallastigers

quote:
Not sure I buy this one. We always let the civilians take charge when they want to prosecute. Something tells me there was conflicting evidence, the civilians didn't think it was a strong case, so then the military tried a courts-martial

Wouldn’t military be considered federal under dual sovereignty or separate sovereigns allowing DA to still pursue afterwards?

It was the reverse order, but Timothy Hennis was acquitted and when new evidence acquired (DNA) he was recalled back into service at Fort Brag just to be court martialed for same crime (actions).

been a long time since I was up on the Jeffrey McDonald case(at Bragg also,) but the military and civilian courts both wanted a piece of his arse and worked together, again, it's been a while but I don't think double jeopardy protection blankets civ and mil courts, iirc, the military was going to try him if he was acquitted in civilian court

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