Air Force appeal of JAG ruling denied

[unhappycamper]

Air Force appeal of JAG ruling denied
By Erik Holmes and Michael Hoffman - Staff writers
Posted : Tuesday Dec 23, 2008 18:37:00 EST

The Air Force Court of Criminal Appeals at Bolling Air Force Base in Washington, D.C., ruled Monday that the trial judge was within his authority when he ordered that Col. Michael Murphy, the former senior Air Force lawyer who was discovered to have been disbarred for more than 20 years, may not be punished even if he is convicted.

The Sept. 5 ruling that the Air Force appealed was based on the White House Military Office’s decision not to release classified details of Murphy’s service as the office’s general counsel from 2001 to 2005.

The trial judge, Army Col. Stephen Henley, said lack of access to the information would affect the defense’s ability to demonstrate Murphy’s good conduct and performance during the sentencing phase of the trial, which the judge called “a substantial right of a military accused.”

But in oral arguments Nov. 21 before the Air Force Court of Criminal Appeals, the Air Force argued Henley abused his discretion and failed to weigh less drastic alternatives to his ruling. Air Force lawyers also warned the ruling set a dangerous precedent that those with classified backgrounds could be immune from prosecution.

Chief Judge Col. James R. Wise presided over the case. In an 18-page decision, the court said a sentence of no punishment is an option of any case, so it is within Henley’s power to order that no punishment be given.


Rest of article at: http://www.airforcetimes.com/news/2008/12/airforce_murphy_ruling_122308w/%2e