I guess I should explain something. NCOIC, Non-Commission Officer In Charge --and I had two of them. There was the NCOIC of Criminal Law and the NCOIC of the entire SJA office. The beauty of the Army is the Chain of Command. As long as you never break it, as in skip someone in that chain, it works beautifully.
The Crim Law NCOIC was the one that told me I couldn't go to court because he folded under the pressure of the very persistent prosecutor. I exercised my right to go up the chain and so I went to the SJA NCOIC. He didn't think there was a problem with me going and so he told the lower ranking Crim Law NCOIC to let me go. Yes, I did get my way a lot around there but that was because anything and everything that was expected of me (and then some), I did. It wasn't unusual for me to be at work late nights, weekends --in fact, I spent a lot of Sunday afternoons alone in the office preparing things for the week. I did tend to get my way a lot but I also earned that right.
SGT R and I headed off for court along with some other battalion JAG clerks. The prosecutor was none too happy to see me arrive. She took me into a small room and very angrily told me while shaking her skinny litter finger in my face, "If I find out you compromised this case in an manner, no matter how small or insignificant, I will see to it I personally prosecute your case and slam you in jail!" She then spun around on her heels and exited the room, slamming the door in very overly dramatic manner. She thought she was pushing some prosecutor weight around --I thought she was acting a spoiled drama queen -- you know, with all those weeks, not years, of practicing law under her belt. Whatever! The ink was not yet dry on her diploma. Grow up.
The trial was rather short and TD was convicted. When the court recessed for a break, for the first time I could tell TD was scared. Up until then he had been his normally jolly self --a very easy going guy with a great sense of humor. Now he was quiet and even a bit agitated. Having already been found guilty, the reality of jail time was ever present. TD, SGT R, the defense attorney and I all sat in a small room together waiting to be called back in for sentencing. When it was taking longer than we anticipated, we decided to get some lunch. TD was fortunate in that he was not under any pre-trial confinement so he was free to go. The defense attorney was a little concerned it was taking so long to be called back in. He said that didn't look good.
After lunch we were called back in. Just like on TV, the defendant was asked to stand to hear his imposition of punishment. I was sitting right in the front next to SGT R, who was very much hoping TD was not going to get any confinement. She was really into the case and I think because of her own husband's disposition.
The Judge said a few words and then read the sentence which consisted of a fine, Dishonorable Discharge, Reduction in rank . . . .and 6 months confinement. As soon as the Judge said, "six months confinement" SGT R screamed out loud and grabbed and hugged me. I just sat there wondering why she was being so dramatic about it. As soon as court was dismissed the Prosecutor FLEW out of that court room. Again, just like on TV the Judge was sitting at a very high bench, the attorneys each had a table in front of the judge. Just behind the attorneys was a small wooden railing with a gate in the center that swung open. Behind the railing were wooden benches for the spectators to sit on. The Prosecutor threw her papers into her brief case and shoved that gate open and stormed herself out of court. By this time, the rest of us had gathered into the small waiting room and here comes Miss snobby prosecutor herself -- she storms into the room and gets right into my face and yells, "DON'T YOU EVER BURST OUT LIKE THAT IN MY COURTROOM AGAIN!!!!! IF YOU DO I WILL SEE TO IT YOU GET SOME NONJUDICIAL PUNISHMENT."
I just stood there starring at her because I thought she was making a fool of herself. Still wet behind the ears as an attorney, she had some weight to push around and I guess I seemed like the path of least resistance. What I found most amusing is that she wasn't even remotely in my Chain of Command so really there wasn't much she could do to me. Besides, I wasn't even the one that yelled out in court, that was SGT R.
TD was placed in the custody of SGT R and then later that night she was to turn him over to the MP's (Military Police). So we casually left court, prisoner in tow. Since I didn't drive, it was a rare treat for me to be out in a car --not having to wait for a bus to get me to and fro. On the way back we stopped at a store and I remember I bought some mascara because like I said, it wasn't often I was able to get to a store other than the very poorly stocked Shoppette that was on Hindenburg. I found the entire thing to be a bit surreal --me shopping for make-up with a convicted felon. We were really taking out time because we knew once we got back to Hindenburg, TD had to be turned over to the police. We asked him if there was anything he wanted to do or eat before we got back. He didn't want anything. He was very quiet.
We got back to SJA after duty hours for which I was glad so no one would be in the office. SGT R called the MP's to come pick TD up. I didn't wait around because one they got there they'd have to put TD in handcuffs and Ididn't want to see that. So SGT R waited there with him. I went to say goodbye and I wasn't sure exactly what to say. Like what?? "Have fun in jail?" What do you say to a guy going off to federal prison? I stood in front of him and I guess he too knew there wasn't much to say. He put his hands on my face, pulled me towards him and kissed me on the forehead. It was very sweet and tender and not in any sort of romantic way. I hugged him goodbye and left. That was the last time I ever saw him.
It wasn't long before I got a letter from TD. He was staying in Mannheim for a while before being transferred to Ft. Leavenworth. We exchanged a few letters over the next several months. Since his sentence was only for 6 months. I think it was later decided he'd not be transferred to Ft. Leavenworth but would stay at Manheim for the duration of his sentence. After that, he was sent back home to California.
TD wrote me from home and told me his mother agreed to buy me a plane ticket to come to CA to visit him. I didn't want to use my leave time going out to CA. I didn't want his mother to pay for my trip. I din't want my friendship with TD to go any further and just the fact that he asked me to come out to CA seemed he was wanting more of a relationship. I didn't want to mess things up with SSG Newsome and even if the visit out to CA was completely platonic, how would that look? "Okay so Sergeant Newsome, I'm flying out to CA to visit this guy and meet his family but we are just friends and so --I'll see you when I get back!" Uh yea, I don't think that would have gone over well.
I wrote TD back and told him I didn't want to come to CA. I never heard from him again.
Wednesday, July 29, 2009
Shopping for Make-up with a Convicted Felon
Posted by Melissa's Military Moments at 8:25 AM
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