Justice 4 Justin :: Short, witty copy.

December 22, 2011 at 11:57 am

United States Army Court of Criminal Appeals – US V SGT Justin A Boyle – Decision

THE INJUSTICE CONTINUES

“We have considered the record of trial, the assigned errors, the briefs submitted by the parties, and the oral arguments by both parties on the assignment of errors raised. In consideration of the entire record, we hold the findings of guilty and sentence adjudged and approved by the convening authority to be correct in law and fact. Accordingly the findings of guilty and the sentence are AFFIRMED.”

The Boyle family is greatly disappointed at the findings and plan to take the appeal to the next level.

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December 8, 2011 at 8:34 pm

Posted by Fran Boyle in Announcements

Oral arguments were heard today in the appeal of SGT Boyle’s conviction. The Boyle family should have a decision in a few weeks.

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July 20, 2011 at 1:52 pm

Congressman Peter King asks for an investigation!

Posted by Fran Boyle in Announcements

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April 13, 2011 at 9:03 pm

Congressman West Responds!

Posted by Fran Boyle in Announcements

Mrs. Boyle

Thanks for your letter referencing your son, SGT Justin A Boyle. As I sit here I do not have the details of your son’s case. However, I have had the intenton of requesting a HASC hearing on military cases. My main focus is that of 1LT Michael Behenna.I will ensure Justin’s case will be reviewed as well. R/AWest

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March 20, 2011 at 7:48 pm

Posted by Fran Boyle in Announcements

Congressman Allen West
1708 Longworth HOB
Washington, DC 20515

Dear Congressman West:

My son, the former SGT Justin A. Boyle served four tours in the Middle East; three in Iraq and one in Afghanistan as a military counter intelligence agent. He conducted over 300 mounted and dismounted patrols in Ramadi during the most violent time of the war, and was credited with the capture of hundreds of insurgents. For his service in Afghanistan, he was awarded the Defense Meritorious Service Medal whose citation reads; “His accomplishments will have a lasting impact on counterintelligence.” SGT Boyle was by all accounts, an exemplary soldier who was about to begin warrant officer school when a night out with his buddies turned tragic.

My son was wrongfully accused and convicted of involuntary manslaughter in the death of a fellow paratrooper, PFC Luke Brown. If my son was a civilian, he would not have been charged and certainly not have gone to prison. The UCMJ, as it is currently written gives the convening authority absolute power, and in the words of John Emerich Edward Dalberg Acton, “Power tends to corrupt, and absolute power corrupts absolutely.” It is time for the corruption to end; good order and discipline can be achieved without the conviction and incarceration of innocent soldiers.

There were multiple unlawful command influences in the US v SGT Justin A. Boyle.
The Convening Authority went so far as to remove a major from the prosecution a few days before the court-martial began and replaced him with a captain who was also legal advisor to five of the nine panel members. The panel was comprised solely of officers and high ranking NCO’s in command positions. Our lawyer, Dan Conway told us he had never seen a panel so stacked against a soldier.

After the testimony of Dr. Michael Baden, most in the court room felt my son was sure to be found not guilty. Not me. I saw what was happening. When the guilty verdict was announced, and the sentence imposed was ten more months than the prosecution asked for, even a veteran reporter was shocked. Congressman West, it was all predetermined; the guilty verdict, the sentence, everything.

Two weeks after the trial, one of the panel members, Major Davis, approached my son’s first sergeant and asked how Justin was doing. MAJ Davis went on to tell SFC Weiss that the six that voted to convict came in with an agenda and did not listen to the judge’s instructions. A rare post-trial hearing was held based on this conversation. The hearing was nothing but an additional legal expense, a degrading ordeal for my son, and more torment for my family. Motion to dismiss was denied.

Under the 5th Amendment of the US Constitution, all citizens have the right to due process, including a fair trial and an impartial jury. Under the Uniform Code of Military Justice, the probability of a fair trial and an impartial jury is unlikely. The Convening Authority has absolute power in the selection of the court members and therefore can absolutely influence the outcome of a trial. This happened in my son’s case, and from what I have read, in 1LT Michael Behenna’s case.

Congressman Pete King and Congressman Tim Bishop are writing a joint letter to the head of the armed services committee asking for an investigation into the court-martial of SGT Justin A. Boyle. I am going to request something more of them as I am from you today.

I am asking for your support in introducing legislation that would amend the UCMJ to require a unanimous verdict to convict, allow the military unlimited access to the Supreme Court, and limit the power of the convening authority in selection of the members of the court.

I know this is a monumental task, and most have told me that it will never happen. I have always been a firm believer in never say never; anything is possible if you are willing to work hard to achieve it.

As you contemplate your response please consider visiting my website http://justice4justin.org to read about the case against my son.

Very truly yours,

Francine Boyle
Proud Military Mom

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March 19, 2011 at 11:52 am

Absolute Power Corrupts Absolutely

Posted by Fran Boyle in Announcements

Under the 5th Amendment of the US Constitution, all citizens have the right to due process, including a fair trial and an impartial jury.

Under the Uniform Code of Military Justice, the probability of a fair trial and an impartial jury is unlikely.
The Convening Authority has absolute power in the selection of the court members, and in the words of John Emerich Edward Dalberg Acton, “Power tends to corrupt, and absolute power corrupts absolutely.”

It is time to end the corruption; amend the UCMJ now!

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March 16, 2011 at 8:45 pm

Posted by Fran Boyle in Announcements

“Unlawful command influence is my enemy and I plan to defeat it.”

If you agree visit my FB page and click LIKE.

http://www.facebook.com/pages/Amend-the-Uniform-Code-of-Military-Justice/202006966484002?ref=mf

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February 17, 2011 at 7:21 pm

Albany Bound

Posted by Fran Boyle in Announcements

Mrs. Boyle will be going to Albany on March 14 to meet with Assemblyman Castelli, Assemblyman Murray and Senator Ball.

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January 29, 2011 at 12:58 pm

Posted by Fran Boyle in Announcements

Customize a digital slideshow

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January 9, 2011 at 11:55 am

Freedom Can Be Bittersweet

Posted by Fran Boyle in Announcements

While awaiting an appeal, convicted soldiers who are released from confinement are put on extended leave; still attached to the military, but without pay.
If the appeal is won, and the conviction overturned, the soldiers who still have time left on their enlistment must return to active duty. Understandably, companies are reluctant to hire these veterans knowing that their employment may be terminated by a return to the military.
Other companies will not consider hiring someone with a felony conviction, so again no employment until after the appellate process is complete, and then only if the appeal is won and the conviction overturned.
There must be a better way. Men and women who volunteer to fight for our freedom deserve better than this, especially those that have been wrongfully convicted.

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the Justice 4 Justin blog

United States Army Court of Criminal Appeals – US V SGT Justin A Boyle – Decision

Congressman Peter King asks for an investigation!

Congressman West Responds!

Absolute Power Corrupts Absolutely

Albany Bound

Freedom Can Be Bittersweet