Legal Question in Military Law in Kentucky

court martial question

I am under investigation in the death of my son. he had a skull fracture the investigators beleive is the cause of death. at the time of questioning i foolishly made a statement inncriminating myself so my wife wouldn't be arrested.the statement was entirely false and i really have no memory of anything happening. can that staement be used against me even though i was under extreme mental strain at the time. and can i be charged with a crime i didn't commit?


Asked on 3/31/05, 11:12 am

4 Answers from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Reply: court martial question

There are many issues, but I am assuming that the CID had you sign a rights waiver before you signed the statement. Most likely you will be charged with some aspect of a homicide, but there will be a formal investigation, not by CID, called an Article 32 Investigation, after the CID is done with theirs.

You need an experienced attorney - one experienced in BOTH military justice matters as well as handling infant deaths. Check out my webpage - I will be happy to talk to you. Call or email me.

http://www.donaldgrehkopf.com/

I have handled numerous such cases [including false confession cases] in 30 years of military defense work.

Good luck,

Don Rehkopf

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Answered on 3/31/05, 4:16 pm
Philip D. Cave Military Law & Justice

Re: court martial question

There is at least one military case dealing with a situation where a spouse tries to cover for another spouse.

You should prepare to raise the issue of a false or coerced confession. You can find some links on my website:

http://www.court-martial.com

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Answered on 3/31/05, 6:51 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: court martial question

People are charged with crimes they didn't commit every day, and more importantly, the jails are full of people who swear they made false statements to clear someone else. You have made a serious error, and you need to speak to a military attorney and set this matter straight. You should also refrain from discussing this matter over the internet, as your emails may be insecure.

Contact an attorney right away.

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Answered on 3/31/05, 11:33 am
Steven Brand Steven Brand, Attorney at Law

Possibility of Being Charged

Dear Questioner:

The simple answer is that you can be charged in the death. However, you can still have a successful defense even though you provided a statement. There is a lot that we would have to talk about such as the length of the interrogation, what the investigators asked you, etc... From this information we will try to ascertain the different interrogation techniques they used and try to determine what, if anything, they did to guard against a false confession. There are expert witnesses such as Dr. Leo in California who testify about false confession issues and they are often helpful in casses such as yours.

I would be more than happy to speak with you and discuss your potential options as well as advise you of things you should do from this point forward. I agree that you should not give any more details over the internet.

Please feel free to contact me at my office at 512-259-7324, on my cell phone at 646-209-8213, e-mail me at [email protected] or visit my website at www.courtmartialbrand.com. My initial consultations are free and my clients do not pay until we have a written retainer agreement in place.

I look forward to hearing from you.

Sincerely Yours,

Steve Brand

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Answered on 3/31/05, 12:23 pm


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