Army commanders’ use of pretrial confinement is widely uneven:
In the end, Congress approved a compromise last year that created a new office of military attorneys with the power to prosecute cases related to some serious crimes such as sexual assault, domestic violence, murder and kidnapping.
Hughes later moved to Joint Base McGuire-Dix-Lakehurst in New Jersey where, in May 2020, his 16-year-old daughter told military investigators that he had sexually assaulted her two months earlier.Hughes’ commanders in New Jersey instead directed him to live on post and required him to check in by phoneDuring the investigation into his daughter’s accusation, military law enforcement discovered allegations that years earlier Hughes sexually assaulted one ex-wife and raped another.
While sitting in a room with investigators, Lee texted Alvarado and asked him to explain why he didn’t stop when she told him to.My aggressive behavior.Alvarado, it was more than aggressive. You choked me until I almost passed out and left bruises around my neck.Why didn’t you stop when I told you to?
“He’s under investigation for two sexual assaults, he’s been told to leave these people alone and then we have credible evidence that he’s committed another sexual assault,” said Geoffrey S. Corn, a former Army officer and law professor. “That’s enough to prove to me two things: No. 1, he’s dangerous and, No. 2, he might be a flight risk because he’s not getting the message he has to behave.”
Alvarado then missed several required check-ins with commanders. Such failures could trigger pretrial confinement. They didn’t. After a month of missed check-ins, Alvarado’s company commander increased how often he had to contact his superiors and required him to write a 1,000-word essay on “the importance of Army leaders ensuring the safety and well-being of their Soldiers.”
The incident, which Ochoa denies, was the first in a series of run-ins with her drill sergeants, ranging from not carrying “the appropriate amount of water” in her water bottle to more serious issues like underage drinking and eating a THC edible. “Although the Army’s case centered on drug use and possession, Ochoa was ultimately put in pretrial confinement both times for violating superior officers’ orders.”
“I think that’s going to take some time for commanders to grow into having the same knee-jerk reaction to sexual assault offenses as they do to drug offenses,” she said. “I believe if she was a soldier who they actually liked and wanted to see have a productive career, they probably would have already taken steps to do this investigation properly,” Timmons, a former military attorney, said in an interview. “But because they don’t like her, they’re going to maltreat her and they’re going to do a half-assed job prosecuting him.”
Commanders’ repeated decisions against pretrial confinement, which gave Alvarado the opportunity to assault Lee, did not draw public attention. But Alvarado’s civilian defense attorney last year, Sherry Bunn, told ProPublica and the Tribune that she believed Army leaders were simply reacting to “the press and publicity and the political nature” of Graham’s and Guillén’s deaths when they decided to confine him.
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