Re: Chris' Memorandum for Character Witnesses

[Noodlenader]

Removed at Noodlenader's request after (very wise) consultation with Chris' lawyer.

livius drusus

[livius drusus]

Quote from OP deleted.

Is this going to be a problem for some of us, Jamie? If I were to say that I've known him for basically a month from his posts an internet discussion board, would they consider that "adequate knowledge"?

Cool Hand or anyone else with experience of military justice, do y'all have any ideas about how character witnesses from online friends might be received?

[Noodlenader]

I think if you specify that you've known him through a forum and you are both frequent posters, It will be okay.

The more people write in, the more the judge will see how unfair the sentence is considering ALL the people who have positive experiences with Chris :) Even if the letter is short/sweet, at least it's a letter, and I know it WILL help things out

[maddog]

Personally, I'd advise caution with this.

I have never personally been faced with evaluating such letters in making a sentencing decision, but I have reviewed appellate records containing such letters. I can tell you that letters from people who do not know the defendant well are much less valuable or influential in such a decision.

Jamie, you hinted elsewhere that you might have been vulnerable to being a "part of the investigation," and forced to testify against Chris; thus, you could be viewed as a biased source. If a flood of letters come in at your solicitation, from people who have only a short-term acquaintance with Chris, and only on a relatively anonymous "internet" board, you run the risk that they will be discounted altogether.

Another possible risk of bringing forward testimonials from "internet" friends, is that the decision-maker might be prompted to look into who these "internet" friends are. My concern is whether, if they looked publicly on this board, would they see anything that Chris had said that would be detrimental to his chances. If it were me, and I overcame that concern in my own mind, I'd limit myself to asking just one or two of the most articulate people here from among those that interacted with Chris the most, or perhaps who have actually met him and you.

The most valuable letters, of course, will be from those who have known Chris for a long time, and especially his civilian and military co-workers. Having a variety of letters from various aspects of Chris's life, (family, friends, school, acquaintances, co-workers) is more important than a large number from one source.

That said, I do not mean to discourage anyone who feels that they DO have something constructive to contribute. Jamie, you are kind, loving and brave to make this effort on Chris's behalf. Wishing you and him the best possible result,

your friend,
maddog
#66

[Noodlenader]

Thanks for the cautionary note, maddog. I admittedly don't know very much about military justice, so I was trying to do everything I thought would help. I've gotten all of his friends/coworkers/our families to write letters, and I was thinking some letters from his frige relationships would help out too.

If a couple of you would like to put together a letter, it would definitely NOT be required to specify the forum. Plus, I just thought I'd put this information out there, should anyone feel inclied to write.

[Dingfod]

My first inclination was to lend a helping hand, I've learned from interaction with Chris that he is kind and sensitive, plus has been as candid about the charges he was facing as he could be, an indication of openness and honesty. I would love to have related that to the powers that be, but I was concerned that if questioned how I know Chris it wouldn't come out favorable, so I did nothing. Sorry Jamie. I am sending Chris a letter today.

[Cool Hand]

Cool Hand or anyone else with experience of military justice, do y'all have any ideas about how character witnesses from online friends might be received?

I'll share my thoughts, but I emphasize up front that I am not Chris' attorney and thus I cannot give him legal advice. This information is likely to be flawed and based solely on my own experience and understanding of the procedural posture of Chris' case. I have no knowledge of it other than what I recall from reading a thread or two about it. It is likely that my understanding of Chris' circumstances is incomplete and/or just plain wrong.

Short answer: Don't place too much stock in my guess, but my guess is with little weight given to them.

I agree with most of Maddog's analysis and caveats.

*Note to Jamie or anyone else: I suspect the reason Liv mentioned me is that she has correctly gathered that I used to be a military lawyer. Specifically, I was a U.S. Army trial counsel for part of my tour of duty. That means I was a JAG prosecutor. If you've seen the movie A Few Good Men, then that means I was Kevin Bacon, but in a green uniform. Tom Cruise is the guy who will get these letters and send them on to Chris' BCD court-martial convening authority, most likely an O-6 colonel, like Jack Nicholson was in that movie. I have also represented officers and enlisted persons in courts-martial as a civilian defense lawyer.*

In my civilian and military practices, I've always been very reluctant to use the scattergun approach to proving the good character of my clients. I prefer quality over quantity. Give me one strong, unbiased, credible character witness who knows the defendant well and has known him or her for many years. Give me one witness who has seen him or her with great frequency and in trying circumstances, who can relate a powerful story or two which reveals something positive and extraordinary about the defendant's character. That one witness is more valuable to me than 1,000 lukewarm, generic testimonials.

I agree with Maddog. Getting solid testimony from various persons who have observed the convicted person in various roles or phases of his life is likely to be helpful in presenting a well-rounded portrait of him and his character for sentencing or clemency.

My understanding is that Chris has already been sentenced by the court-martial panel. If that is incorrect, then feel free to correct me and disregard the rest of my remarks. My guess is that letters of recommendation at this stage are to be submitted with a package to the court-martial convening authority in a bid for clemency. The convening authority is likely to be a colonel in the U.S. Air Force. I doubt that many colonels would give much weight to unsworn testimonials of character from anonymous persons who know Chris merely from interactions with him on an internet message board. Those who know him personally, face-to-face, might be in a different position, however.

I suspect that the most valuable character witness support would be in the form of sworn statements or affidavits made by persons who have known Chris for years and have had opportunities to observe him and his character in action recently. Such statements from members of his military unit, his high school teachers or college professors, or from family friends who have known him and his family a long time are of the type that I think are likely to be persuasive. Also, I think statements with tangible examples of Chris' character are much more illuminating than relatively generic "He's a great guy" type statements that I see sometimes. I try to solicit concrete testimonials, not broad generalizations that might apply to virtually anyone someone likes as a friend. Again, I'm far more interested in quality than quantity. Your mileage may vary, and I remind anyone reading this that I am merely stating my preferences.

That's just my guess, based on my experience and judgment. I am NOT giving legal advice or rendering a legal opinion. I urge Chris to rely on the advice of his lawyer(s) in this case, not on anyone else's advice which may be in conflict with it. I'm also not trying to discourage anyone from writing on in support of Chris.

Cool Hand

[livius drusus]

You know, that A Few Good Men analogy was rather embarassingly useful to me. Thanks, Cool Hand.

Just for everyone's information, I have edited the OP's request for character witness letters at Jamie's request. She and Chris' lawyer thought it best to focus on the people closest to Chris.

Which leaves everyone more than enough time to send Chris some juicy reading material. Again, his mailing address is:

Chris Loflin
Teller County Jail
PO Box 730
Divide, CO 80814

:writing:

[Noodlenader]

Oh yeah, and no porn is allowed ;)

Thanks, Liv <3 you rock