Legal Question in Military Law in Kentucky

Misguided Enthusiasim

OK, I have be accused of hacking into my platoon leaders email and also of gathering the passwords of everybody else in my platoon. I was a supervisor for a communications shelter and one day I accidently read my LTs email. Later I was doing security checks on my system and found a flaw in our computers that would allow anyone to get passwords and user names for things. This was done in offical capacity with no ill intent and I was fully authorized to do it. Some people decided to come after and completly turned the situation around and came after me and stated they were investigating me for Identy Theft. Now after 2 investigations they are trying to slam me with invasion of privacy and misuse of a government computer system. This happened 2 months ago. I have yet to be allowed to talk to a lawyer and no one will keep me appraised of whats going on. What are my options here? Can I even do anything? Can they actually be allowed to misconstrue this events into malicious intent and screw up my professional life?


Asked on 1/30/06, 8:09 pm

2 Answers from Attorneys
John K. Harris Attorney at Law

Re: Misguided Enthusiasim

You don't need to say anything to anyone without a lawyer present. Your command will probably not inform you of anything until after it decides what kind of punishment you should receive, if any. You do have a right to speak to any attorney at any time. The military trial defense team should be available to talk to you about your situation in confidence and you could possibly see about reviewing the investigation. Trial defense gets paid whether or not it zealously advocates for you; this is sad to say. There may be a trial defense attorney who is sincere and willing to advocate on your behalf, however. You could always hire a civilian lawyer but it may be a little premature at this stage of the game. Unfortunately, the military does get by with miscontruing events and facts. From my experience, the militay likes to omit key facts that could actually vindicate an individual, especially if you are on a superior's shit list. You should go to www.militaryinjustice.org and click system. Under system, read the article on "The Politics of Military Justice" by David Smallwood.

"Military Justice is to Justice as Military Music is Music" Robert Sherrill

Sincerely,

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Answered on 2/01/06, 2:01 pm
Philip D. Cave Military Law & Justice

Re: Misguided Enthusiasim

Tough as it sounds, you need to not make any statements to CID, FBI, or anyone else. That would include your supervisors/chain of command. Understand the TDS policy.

Sincerely, www.court-martial.com

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Answered on 1/30/06, 8:16 pm


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