CAAF case at Maxwell could have DOD-wide implications

Published April 12, 2016
By Senior Airman William Blankenship
42nd Air Base Wing Public Affairs

MAXWELL AIR FORCE BASE, Ala. -- The Air Force Judge Advocate General's School hosted a Court of Appeals for the Armed Forces (CAAF) outreach argument in Air Command and Staff College's Wood Auditorium here, April 6.

This particular case was a Marine Corps case that dealt with human lie detector testimony. The decision by the court, expected to be delivered later this year, could have far reaching ramifications on future military courts-martial. This is because cases heard and decided by the CAAF set precedent in the military justice system, which has the potential to affect service members worldwide, much in the way the U.S. Supreme Court's decisions affect everyone in the United States.

The case CAAF heard, U.S. (Appellee) v. Marine Corps Sergeant Beau T. Martin, (Appellant) was held in a packed Wood Auditorium.

Contrary to his not guilty plea, a general court-martial at Camp Pendleton, California, convicted Martin of wrongful sexual contact in violation of Article 120, UCMJ. He was found not guilty of aggravated sexual assault and two other specifications of wrongful sexual contact. The members sentenced Martin to reduction to E-1 and a bad-conduct discharge. The convening authority approved the sentence. The U.S. Navy-Marine Corps Court of Criminal Appeals affirmed his conviction and sentence, finding that the testimony of the alleged victim's husband, where he stated he believed his wife and said she was telling the truth, was tantamount to impermissible human lie detector testimony, but that the error in its admission did not prejudice Sergeant Martin.

After official proceedings concluded, members of the CAAF responded to questions from the audience, which consisted of JAG and paralegal students as well as the general base populous. During the question and answer session, the judges encouraged the future JAGs and emphasized their important role in the military.

"The quality of the advocates that appear before us compare very favorably with the private sector," said Chief Judge Charles E. "Chip" Erdmann, a retired colonel from the Montana Air National Guard and former enlisted Marine. "One thing the military always does is train people well. Often times the civilian counterpart, we shake our head and wonder how they got there. You don't see that from the military JAGs."

Major Nate Himert, an instructor at the Judge Advocate General's School on Maxwell AFB, was appreciative of the CAAF visit.

"Being able to actually see an argument in front of the CAAF, for some of our students, will be a once in a lifetime opportunity," Himert said. "These new Lieutenants and Captains will soon be entering the operational Air Force and advising commanders on military justice issues, like the one argued here in Wood Auditorium. This outreach hearing was an invaluable experience for these young Judge Advocates."

The CAAF is the highest military court in the land, sitting one step below the Supreme Court of the U.S. and serves as the final military appellate authority for all Army, Air Force, Navy, Marine Corps and Coast Guard cases.