Military jury convicts Miami Beach soldier of desertion from Iraq

Military jury convicts Miami Beach soldier of desertion from Iraq

By RUSS BYNUM
Associated Press
Posted May 21 2004, 12:55 PM EDT

FORT STEWART, Ga. -- A military jury convicted a U.S. soldier Friday of desertion for leaving his combat unit in Iraq in protest of what he called an ``oil-driven war.''

Staff Sgt. Camilo Mejia of the Florida National Guard was found guilty by a jury of four officers and four enlisted soldiers. They deliberated about two hours.
(snip)

Mejia testified Thursday that he disobeyed orders to return to his unit after a furlough because he planned to seek status as a conscientious objector. He said he also believed he should have been discharged under a National Guard regulation limiting service of non-U.S. citizens to eight years. Mejia, a citizen of Costa Rica and Nicaragua, served for nine years.

Mejia said he became upset after seeing civilians hit by gunfire and watching an Iraqi boy die after confusion over which military doctor should treat him.
(snip/...)

http://www.sun-sentinel.com/news/local/miami/sfl-521deserter,0,7742677.story?coll=sfla-news-miami

I mean, with all the evidence coming out that the administration and its counsel essentially created bogus arguments pertaining to the application of the Geneva Convention in addition to all the bogus arguments that led us to war,...I would think the guy has some chance on appeal.

for DESERTION, innit? I'm sure those jovial tricksters on ABCCBSCNNNBCFochs will point out this jolly conundrum for the next 42 news cycles.

:argh:
dbt

And here I thought George was in the Air Force. Wait...oh heck...it's so confusing...

He faces up to a year in jail and a bad conduct discharge when he's sentenced Friday afternoon.

Coincidentally, that's what Sivits got for his frat games at Abu Ghaibr.

This kid better appeal.

"But the judge, Col. Gary Smith, ruled that evidence on the 'legality and morality' of prisoner treatment in Iraq was irrelevant to the desertion charge that Mejia shirked his duty by leaving the Army for five months."

Perhaps for Sivits, it's a case of f*cked if you do, f*cked if you don't.

:shrug:

...If he gets a PTSD eval, it's new evidence and the conviction can be set aside. It need's to be done right away.

I've seen similar cases. He does have an automatic right to appeal.

,...hell, just from reading articles and viewing pictures, I feel like I am suffering a mild form of it myself. The limited testimony that has been published clearly demonstrates the level of torment he was experiencing in witnessing the torture.

The first is that he has no insight into his response to the traumatic experience of exposure to violent killings and that this route of defense has been offered to him and he has declined it out of "principle." I know a veteran very well with PTSD who refuses to admit that he has it even though it is obvious.

The second is that he is getting incompetent* advice.

If the diagnosis is obtained the GCM authority could set aside his conviction even before certifying the record for appeal.

In any case, if the diagnosis is later established, he could have the VA do a redetermination of his character of service in order to service connect the disability and give him benefits. That is assuming that he gets a BCD and his appeal is unsuccessful. I think the defense attorney created a record on the extension of service beyond lawful obligation, so he isn't incompetent in the technical sense of the word. I did a recharacterization once on a Korean vet who was convicted of assault and various other offenses, did time and got a DD after he went nuts on a rifle range. The sound of gunfire triggered the flashbacks. He refused to go to the range, to carry a gun etc.

It's only been in recent years that more and more are open to the notion (because, fortunately, there has been some advances in educating people about how psychological distress and illnesses are every bit as real and acceptable as physical ones,...the two being intricately tied together).

It's been awhile since I looked at the DSMIV,...but, I still recall that repeated "thoughts" of the traumatic event, loss of sleep, and any change in behavior from prior practices are some of the elements associated with PTSD. Of course, depression and/or prolonged "shame/guilt" are also symptoms.

Beyond the legally strategic value of your suggestion,...I still believe that, the guy should have a strong basis of appeal based upon a legitimate refusal to obey an unlawful order.

...is almost technically impossible on appeal. Since the order is cloaked in the legal presumption of validity, the appellate court is without jurisdiction to review the factual determination in the absence of clear and compelling evidence of error.

Only an order such as those in Abu Ghraid could meet the factual predicate to defease the presumption. The burden of proof is on the defense.

But I understand your point. No military court of review or Supreme Court would set such a precedent.

If the enlistment terminated by law, military jurisdiction might be void.

It takes more courage to refuse to serve in an atrocity-filled invasion of a non-aggressive nation than it does to serve.

A year for being a hero, a year for being a villain. Maybe in 20 years someone will remember him and say "oh yeah, that took a lot of guts".

of your actions. It takes no courage if you think you are going to get off.

n/t
Can we do it again, DU'ers? Are we up to the task? I think we are.