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April 27, 2001
Military
criminal case to be appealed as part of outreach program
By Gary Solis
Dept. of Law
The United States Court of Appeals for the Armed Forces will hear the appeal of a military criminal case, The United States vs. Pvt. Tracie Stringer, Tuesday at 7:30 p.m. in Robinson Auditorium, Thayer Hall. The hearing is part of the courts educational outreach program. All cadets enrolled in the law departments core course, LW403, will be present along with American Legal Systems majors and law department faculty. Interested members of the public are also welcome to attend.
At Fort Knox, Ky., in late 1998, Stringer was facing an administrative discharge from the Army when he was charged with assault with a deadly weapon and several lesser military offenses. Ordered to pretrial confinement, Stringer was put in front of his unit, shackled and led away. Upon being returned to his unit a few days later, he was subjected to harassment and derisive cadence calls. At his court-martial he pleaded guilty to several offenses and was sentenced to 80 days confinement and a bad-conduct discharge.
The reason for the CAAF hearing Tuesday is the court-martial judges order that the Fort Knox SJA have an article highlighting the impropriety of Stingers public humiliations printed in the post newspaper or else the judge would significantly reduce Stringers period of confinement. A story did appear in the Fort Knox "Turret," although not in full compliance with the judges directions.
The legal issues to be orally argued are whether the judge had the authority to order such an article and, if he did, whether Stringer should receive the sentence reduction because the article did not fully conform to instructions. These questions bear constitutional free speech issues as well as on the authority of the judges in the military justice system. Those attending Tuesdays hearing will witness the oral arguments of the government and the defense appellate counsels and observe CAAFs five civilian judges as they question the judge advocates in their search for the interpretation of the law that should decide the case.