The Case Against SGT Boyle

SGT Boyle, a decorated combat veteran with the capture of over 400 insurgents to his credit was convicted of involuntary manslaughter and conspiracy to commit battery in the death of a fellow paratrooper, PFC Luke Brown.
At the beginning of the trial, the judge instructed the panel that SGT Boyle was innocent until proven guilty; that the burden of proof rests solely with the prosecution. He explained in order to find SGT Boyle guilty of involuntary manslaughter; the prosecution must prove beyond a reasonable doubt that SGT Boyle’s actions caused the death of PFC Luke Brown. There was reasonable doubt in every aspect of this case.

 There were also issues concerning unlawful command influence beginning with the change of prosecutors a few days before the trial, and the composition of the panel.

Five of nine panel members at SGT Boyle’s court-martial had a professional working relationship with prosecutor, CAPT Doyle who only replaced MAJ Deubbling days before the start of SGT Boyle’s trial. CAPT Doyle was their legal advisor. Why was MAJ Deubbling replaced, and why by someone who was legal counsel to 5 out of 9 panel members? Perhaps it was to influence the outcome of the court-martial.

The ranks of SGT, SSG, SFC, CWO, LT and CAPT were systemically eliminated from the panel. In private, SGT Boyle’s civilian attorney told Mr. & Mrs. Boyle he has never seen a panel so stacked against a soldier with so many people in command positions. He said, “This one takes the cake.”

SGT Boyle’s family, friends and supporters (whose numbers are now in the thousands) are convinced that someone in command at the 82nd manipulated this case to guarantee a conviction.

July 20, 2008

SGT Boyle was out with some of his fellow Army buddies on that fateful night. As the senior NCO, it was his responsibility to make sure everyone returned to post; it was his responsibility to make sure no man was left behind.
Another group of soldiers met up with SGT Boyle and his buddies at a local bar, and at the end of the night one of them was drunk and refused to return to base. SGT Boyle and the other soldiers spent about an hour trying to get PFC Luke Brown in a vehicle and back to post.

While standing in the parking lot of the Ugly Stick Saloon, PFC Brown seemed agitated. The other soldiers were trying to calm him down, but rather than calm down and get into one of the vehicles to return to post, he took off and ran toward the wood line. SGT Boyle and some of the other soldiers gave chase. During this hour long ordeal, PFC Brown threw one soldier into the back of a pick-up truck and tried to strangle another. He ran deeper and deeper into the woods and every time his buddies caught up with him he fought with them. He made statements that led SGT Boyle to believe he might harm himself.  At 6′ 2′, 250 pounds PFC Brown was not an easy guy to subdue.

SGT Boyle was trained in combatives and made the decision to use a rear naked choke hold on PFC Brown when all other means of subduing PFC Brown were exhausted. Though the struggle continued, eventually the soldiers were able to get PFC Brown in a vehicle and drive him back to base.

In their original statements to the Criminal Investigation Division the soldiers explained that PFC Brown was talking and moving when he was placed in the vehicle. Some said he was using expletives and even made an attempt to bite SGT Boyle.

When the soldiers arrived at base and removed PFC Brown from the vehicle to bring him into his barracks, he was not breathing. SGT Boyle performed CPR for 20 minutes until the EMT arrived.

PFC Brown was taken to the hospital, but unfortunately was not able to be revived.

Witness Whose Memory Got Better with Time

This was a tragic event for all involved, especially the Brown family. While they mourn the death of their loved one, they asked the Army not to make their son’s legacy the court-martial of seven soldiers. Though eight soldiers were in the wood line that night with PFC Brown, only seven were charged. The eighth soldier who was never charged became the Government’s key witness.

SGT Mitchell LaFortune was the one soldier involved in this incident that was never charged. The prosecution even stated that by testifying, SGT LaFortune implicated himself. Why then was he not charged as all the others had been?
The fact is, SGT LaFortune changed the original statement he made to the CID agent on July 20, 2008.  When questioned about his conflicting statements at the Article 32, he said “After five months of reflection, my thoughts have changed.” Anita Gorecki, defense attorney, countered the testimony telling SGT LaFortune he was the only person she knew whose memory got better with time.

Though SGT La Fortune’s account of the events of the evening in question changed without any believable explanation, LT COL Saunders wrote, “Ultimately, I found SGT LaFortune to be a creditable witness, and his explanations of discrepancies and omissions believable” (page 20, section b, Findings and Recommendations, Report of Article 32 (b), UCMJ Investigation)

At the Article 32, SGT LaFortune also testified that he was tired that night and just wanted to go home. “When I found out Brown was in the woods, I was pissed off….it is shallow, but I had just met a girl; I really just didn’t want to be there; it was two o’clock in the morning; I just wanted to get home.” He wanted to leave PFC Brown in the woods in a drunken, depressed state. SGT LaFortune was the one who invited PFC Brown out that night, even though he knew PFC Brown had just completed ASAP (Army Substance Abuse Program) a few weeks before.

Witness Number Two – Change of Statement = Plea Deal = Slap on the Wrist

The prosecution’s second witness, SGT Christopher Mignocchi, also changed his original statement made to the CID agent on July 20, 2008.  When questioned why he changed his statement he said he lied to CID because he thought it would help him.

It is interesting to note that this change only came about after SGT Mignocchi was given a plea deal that carried no jail time or reduction in rank. He basically got a slap on the wrist in exchange for his testimony.

The Brown Family – Witnesses for the DEFENSE

Michelle Brown, Luke’s sister, was present at the court martial and after listening to all of the evidence, determined that SGT Boyle should not be punished because she believed that his actions did not cause the death of her brother; she believed he was only trying to help Luke.  Although Michelle made an attempt to testify before sentencing in support of SGT Boyle, she was not permitted. She was only permitted to testify at sentencing after SGT Boyle was convicted.

As spokesperson for the Brown family, Michelle asked the panel not to give SGT Boyle jail time or discharge him from the army.  The panel ignored the wishes of the family and sentenced SGT Boyle to 10 more months than the prosecution asked for!

“Never Leave A Man Behind”

During the trial the relevance of the army ethos of “leave no man behind” was debated. Soldiers, including a chief warrant officer testified that the ethos applies to soldiers 24/7, even in a non combat situation.
There was also testimony regarding safety briefings at Fort Bragg.  Soldiers are instructed to “do whatever it takes” to bring an unruly buddy back to base and that includes choking someone out.

According to several soldiers Mrs. Boyle spoke with at Fort Bragg one of the commanders giving a safety briefing told them, “I don’t care if you have to skull drag ‘em back to post, make sure they get back here; we don’t want to air our dirty laundry out there; we don’t want civilian authorities involved.” Mrs. Boyle was also told there were sidebar conversations where soldiers were told not to call anyone in command the middle of the night or there would be Hell to pay.

Just a few days after SGT Boyle was charged (December 2008), he was at a safety briefing given by CAPT Coates where the CAPT said, “I don’t care if you have to knock that soldier out, get him back here.” Later that day, LT COL Eubanks gave the same group of soldiers a “re brief” that was void of the “knock the soldier out” order.

It was a poor attempt at covering up an order that is routinely given to soldiers every Friday. LT COL Eubanks was forced to give the re brief because the command of the 82nd tried to say that order was never given, and if it was given it was an unlawful order. If SGT Boyle refused to follow an order he would face punishment; instead he followed an order and ended up in prison.

At the end of the trial SGT Boyle stated, “I didn’t want to hurt him. I was only trying to keep him safe.” He was trying to keep him safe. He was following orders, adhering to the ethos of never leaving a man behind.

The prosecution argued that SGT Boyle could have called someone in command. No one was going to get out of bed at 3 am, SGT Boyle would have been told to handle the situation and get the soldier back to base. He would have been told to do whatever it takes.

The prosecution said SGT Boyle could have left someone behind with PFC Brown and gone back to post to get help.  PFC Brown was 6’ 2”, 250 pounds. He threw a soldier into the back of a pick-up truck without provocation, and was strangling another. Leaving a soldier with Brown was out of the question. SGT Boyle was in a no win situation and decided to do what he was trained and instructed to do.

Novice Forensic Pathologist Opinion Out Weighs World Renowned Dr. Michael Baden

The prosecution’s medical expert was Dr. Carol Solomon. Dr. Solomon was the forensic pathologist who did the autopsy on PFC Luke Brown at the time of his death. Dr. Solomon became a certified forensic pathologist in 2006, 2007 or 2008. At the Article 32, Dr. Solomon gave conflicting testimony on the year she passed her boards, so depending on which date you choose she has 1, 2 or 3 years experience as a certified forensic pathologist.
Dr. Solomon claimed to have completed 500 autopsies during her testimony at court martial. In all of these autopsies, she has only changed her opinion once. The one time Dr. Solomon changed her findings was on this case. In her original report Dr. Solomon could not rule out a heart problem because of some abnormalities in PFC Brown’s heart, therefore cause and manner of death was undetermined. When questioned as to why she changed her opinion on the cause and manner of death, she said it was because she was given additional information.

CID Agent Morgan testified that Dr. Solomon was fully briefed at the autopsy. There was no additional information.
Dr. Solomon changed her opinion from undetermined to asphyxia and homicide just two weeks before the first Article 32, and at that point could not determine whether the asphyxia was positional or due to choking. However at court martial she changed her opinion once again to asphyxia by choking.  She said she did so based on the testimony given by the government’s witnesses at trial. The same witnesses that changed their original sworn statements in exchange for immunity and a plea deal.

It is important to note that during cross examination, Dr. Solomon hesitated when asked a direct question by defense counsel, and asked the judge if she could ask trial counsel how to respond.  Of course, the judge said no, but the mere fact that Dr. Solomon needed to ask for guidance from the trial counsel during her testimony infers that the testimony was orchestrated by the prosecution.

The defense provided expert testimony from Dr. Michael Baden, a world renowned forensic pathologist and former Chief Medical Examiner of the City of New York. Dr. Baden has done more than 20,000 autopsies and is currently working as the Chief Medical Examiner for the New York State Police.  He is very familiar with the rear naked choke hold that was used to subdue PFC Brown, and testified that based on the autopsy file, it was applied properly.

After reviewing PFC Brown’s autopsy records, Dr. Baden concluded that PFC Brown died of a diseased heart. Dr. Baden testified that PFC Brown had an enlarged heart and in his opinion the stress of running around in the woods and fighting with the soldiers created a fatal cardiac arrhythmia.

Violation of the Brady Law

To help bolster Dr. Solomon’s testimony the prosecution provided testimony from Dr. Jerry Spencer, Dr. Solomon’s superior at the Armed Forces Institute of Pathology. He concurred with Dr. Solomon’s findings and actually stated on the witness stand that he found the government’s witnesses to be more credible than witnesses for the defense.

Before cross examination counsel for the defense brought a shocking revelation to the attention of the court. Dr. Spencer had been asked to resign from his previous position as a forensic pathologist in Lubbock County, Texas for keeping breast implants and an IUD he removed from a body during an autopsy in his office. A fellow employee saw the items in Dr. Spencer’s office and reported it.

This finding was disturbing to all in the courtroom. Since trial counsel was aware of the professional misconduct of one of their expert witnesses had not disclosed it (a violation of the Brady Law), the defense asked for a dismissal. The judge denied the request.
Post Trial Discussion between a Panel Member and SFC Weiss Leads to Post Trial Hearing

COL Brockington, (the judge at SGT Boyle’s court-martial) presided over a rare post trial hearing held at 9:00 AM Thursday, April 15, 2010. The hearing was being held to investigate alleged statements made to SFC Weiss by panel member (juror) MAJ Davis approximately two weeks after SGT Boyle’s court-martial.

SFC Weiss testified that MAJ Davis flagged him down in a parking lot at the PX at Fort Bragg a few weeks after the trial. He went on to say that MAJ Davis asked how Justin was doing and then asked SFC Weiss to let Justin know that he was not one of the six members that voted to convict, and added that those six came in with an “agenda” and did not follow the judge’s instructions. He also asked to remain anonymous.

Immediately before testifying, MAJ Davis was read his rights and assigned counsel. (This process actually caused a delay in the hearing).  MAJ Davis testified that he did have a conversation with SFC Weiss in the parking lot of the PX at Fort Bragg, but then added without being asked, that he could not remember who initiated the conversation. He went on to say that he asked about Boyle, but denied saying anything else.

Many of the military counter-intelligence agents who attended the post trial hearing told the Boyle’s that offering information on who initiated the conversion without being asked was an indication that MAJ Davis wasn’t telling the truth.

COL Brockington chose to believe MAJ Davis who had everything to lose over SFC Weiss who had nothing to lose. The motion for a mistrial was denied.

Conclusion

SGT Boyle was protecting other soldiers from PFC Brown while protecting PFC Brown from himself.  He has been stripped of his rank, stripped of his freedom, and stripped of his dignity for using the skills the army taught him and following orders the army gave him. For leaving no man behind, this man sits behind bars.
The Army has sent an innocent soldier to prison; someone in command wanted it this way and made it happen.  There is no other logical explanation of the outcome of this trial.
The supporters of SGT Boyle are asking for a Congressional inquiry into the objectiveness and independence of this case. A person or persons in command influenced the outcome of this trial, and that is a violation of the UCMJ.

Update

SGT Boyle was released from prison on October 28, 2010. He was granted clemency from the CG as Fort Sill, where he was imprisoned for a year. The clemency (early release) was granted because of the Brown family’s request that SGT Boyle not be sent to prison; because SGT Boyle was a model prisoner; and because an outstanding JAG officer saw in SGT Boyle all the attributes that made him such an exemplary soldier.

As of this writing, SGT Boyle awaits the outcome of his appeal. The family and friends of SGT Boyle continue to pray for justice.

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