Equal justice for a Marine? (updated)

Thomas Lifson
Marine Sgt Mike McNulty, on activation orders to Iraq (his second tour), and leaving January 2nd, is about to suffer a grave injustice.  An anti-military lawyer, apparently angy at the Marine Corps, damaged Sgt. McNulty's personal vehicle, seeing Marine Corps identification. Now the lawyer is gaming the system, and forced to leace for Iraq, Sgt. McNulty is unable to pursue the legal remedies to which he is entitled.

Blackfive offers  a detailed account, and supplies a copy of the police report on the incident:

Victim related to P/O that as he walked back to his vehicle, he observed the offender leaning up against his vehicle and rubbed/dragged his left arm and hand across the passenger side.  As offender walked away from victim's vehicle, victim observed a scratch along the rear trunk and passenger's door area where offender dragged his arm and hand over.  Victim and witness stopped offender and confronted him.  Victim has military plates and decals on his vehicle and offender made anti war and military comments to victim.  Upon P/O's arrival to scene, offender denied scratch victim's vehicle, but did admit to rubbing past it.  Victim at this time did not sign complaint, because he is leaving tour for military duty.  Offender said they accused him of scratching the car because he is Jewish.  Offender's statements/responses to P/O's questions unreasonable.    
I am infuriated.

Update:

Former S/Sgt., USMC, and now lawyer John Schedler writes:

I do not know [the law in Illinois where] Sgt. McNulty lives... but there are a couple things to look at:

1. The Soldiers' & Sailors Relief Act ( or its modern equivelant) may well preserve his rights while on deployment.  On this point a staff judge advocate on base can advise him.

2. In my state (WA) the behavior of the lawyer is professional misconduct. Sgt. McNulty should complain to the Bar Assoc  -- restitution is usually one of the orders that issues from such a finding.


What the Bar Assoc can do to this guy is rather more painful that a misdemeanor charge.

And

I just looked at the comments on Blackfive (yeah, OK, I need to stop by there more often.  Work, kids, etc.)  It occurs to met that it may be true the prosecutor is not interested.  There is ample precedent for a prosecutor to charge a crime & then seek a stay pending return from deployment of the Sgt.

So, ... if one wants to start a letter-writing campaign, making the State's Atty a target makes.  He may decide this case is worth going after anyway.

Write Mayor Daley, if he gets on board, he can put some heat on the State's Atty.

Tell Bill O'Reilly -- this is the sort of thing that fires him up.

Finally, if you can send me or give me access to the police report and any other docs, it would be my honor to make a complaint to the Bar Assoc.  I rather suspect I could find some lawyers admitted in IL that are also Marines.  A flood of complaints is a powerful motivator.

If you speak w/ the Sgt., tell him "Semper Fi."

Marine Sgt Mike McNulty, on activation orders to Iraq (his second tour), and leaving January 2nd, is about to suffer a grave injustice.  An anti-military lawyer, apparently angy at the Marine Corps, damaged Sgt. McNulty's personal vehicle, seeing Marine Corps identification. Now the lawyer is gaming the system, and forced to leace for Iraq, Sgt. McNulty is unable to pursue the legal remedies to which he is entitled.

Blackfive offers  a detailed account, and supplies a copy of the police report on the incident:

Victim related to P/O that as he walked back to his vehicle, he observed the offender leaning up against his vehicle and rubbed/dragged his left arm and hand across the passenger side.  As offender walked away from victim's vehicle, victim observed a scratch along the rear trunk and passenger's door area where offender dragged his arm and hand over.  Victim and witness stopped offender and confronted him.  Victim has military plates and decals on his vehicle and offender made anti war and military comments to victim.  Upon P/O's arrival to scene, offender denied scratch victim's vehicle, but did admit to rubbing past it.  Victim at this time did not sign complaint, because he is leaving tour for military duty.  Offender said they accused him of scratching the car because he is Jewish.  Offender's statements/responses to P/O's questions unreasonable.    
I am infuriated.

Update:

Former S/Sgt., USMC, and now lawyer John Schedler writes:

I do not know [the law in Illinois where] Sgt. McNulty lives... but there are a couple things to look at:

1. The Soldiers' & Sailors Relief Act ( or its modern equivelant) may well preserve his rights while on deployment.  On this point a staff judge advocate on base can advise him.

2. In my state (WA) the behavior of the lawyer is professional misconduct. Sgt. McNulty should complain to the Bar Assoc  -- restitution is usually one of the orders that issues from such a finding.


What the Bar Assoc can do to this guy is rather more painful that a misdemeanor charge.

And

I just looked at the comments on Blackfive (yeah, OK, I need to stop by there more often.  Work, kids, etc.)  It occurs to met that it may be true the prosecutor is not interested.  There is ample precedent for a prosecutor to charge a crime & then seek a stay pending return from deployment of the Sgt.

So, ... if one wants to start a letter-writing campaign, making the State's Atty a target makes.  He may decide this case is worth going after anyway.

Write Mayor Daley, if he gets on board, he can put some heat on the State's Atty.

Tell Bill O'Reilly -- this is the sort of thing that fires him up.

Finally, if you can send me or give me access to the police report and any other docs, it would be my honor to make a complaint to the Bar Assoc.  I rather suspect I could find some lawyers admitted in IL that are also Marines.  A flood of complaints is a powerful motivator.

If you speak w/ the Sgt., tell him "Semper Fi."