United States v. Tucker

DECISION

KASTL, Senior Judge:

In a single assignment of error, Sergeant Tucker asserts that:

THE ACCUSED WAS DENIED A FAIR HEARING ON SENTENCE WHEN, SHORTLY BEFORE HIS TRIAL, HIS COMMANDING OFFICER ADMONISHED OTHER MEMBERS OF HIS UNIT TO DISASSOCIATE THEMSELVES FROM THE ACCUSED AND THREE OTHER INDIVIDUALS WHO WERE ABOUT TO BE TRIED BY COURTS-MARTIAL FOR DRUG OFFENSES, AND FURTHER DIRECTED THAT ANY SENIOR NCOs CONSULT COMMAND OFFICIALS BEFORE TESTIFYING FOR THE DEFENSE IN ANY OF THE PENDING PROCEEDINGS.

This allegation raises most serious questions as to the integrity of the court-martial process.

A…