United States v. Tucker

DECISION UPON FURTHER REVIEW

HODGSON, Chief Judge:

In United States v. Rodriguez, 16 M.J. 740 (A.F.C.M.R.1983), we expressed a belief that allegations of unlawful command influence in the Air Force are not in keeping with a fair and impartial military justice system. However, based upon the facts before us, it appears that we were overly optimistic in that assessment. In the cases at bar, which have been joined for appellate review, both appellants argue that the actions of their squadron commander had a “chilling effect” on potential defense witnesses which deprived them of a fair trial. To…