Legal Question in Military Law in Georgia

Fraternization Evidence-Army
I just found out that my ex husband got into my email account and printed off some emails that pertain to a relationship between me, an officer, and an enlisted man. He send them to both our chain of commands. My two questions are can they do anything with these because they were illegally obtained by, I think my ex husband? I never once gave him the passwords to my email accounts. He accessed emailes from multiple email accounts. and if we were tried would I take the brunt of it because I am the officer? I would rather me get punished and discharged than the enlisted member. Please help.

Asked on 3/08/08, 9:51 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

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Re: Fraternization Evidence-Army

There are a number of issues that can create a number of problems here. Your ex husband got the information unlawfully, but the military did not get it unlawfully. In other words, the evidence just fell from the sky into their hands. Whether they act upon that evidence or not depends in large measure on how you handle things.

First, you should immediately stop discussing the matter here. You should hire and retain a competent attorney familiar with the military disciplinary system, and allow him to take such action as needs to be taken. You should not make any statement without an attorney to advise you. There is a good chance that if you are brought up on charges things will go harder for you because you are an officer. But lots of times what we think of as "evidence of fraternization" may be explained as something else, or may at the very least be equivocal. That's why it is important to get a good attorney, get these emails into his hands, and sit down and have a frank discussion with him as soon as possible.

Although JAG counsel is likely available to you at no charge, you have the right to have civilian counsel of your own choosing. In some cases, that is more effective. But you need someone who can help you locally. A JAG officer may be able to provide you with a referral.

In the interim, you should have no contact with the subject of the fraternization. That means no email, no phone calls, no conversations. Keep in mind that sometimes CID will wire these people. Cut that person out of your life entirely until you speak to an attorney. I also understand that this may be the hardest advice to follow because your heart may tell you to take another path. But your heart shouldn't override your head in this situation.

I wish you the best.

Answered on 3/10/08, 10:10 am

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