By Mark David Blum, Esq.

It was recently my privilege to represent a true American hero. For the past 12 years, this client has been a Green Beret flight surgeon; and whereas Jack Nicholson preaches about “standing that wall”, this client has gone over the wall on more occasions than national security permits me to discuss.

Last year, the client’s ex wife celebrated her 40th birthday party and wanted the their two son’s to join her at the party. Our hero drives the two boys to the party and brings with him also his then current fiancé. He wanders off to chat and nurse on a beer. (It seems they teach these boys how to kill but not about women). Within minutes, there is shouting and the ex-wife suddenly bitchslaps the fiancé, who jumps into some guy’s car as he is leaving and storms off. Our hero, stunned, shocked, and worried, high tails it after her.

Apparently the County where all this is going on has a deputy whose job it is to drive around all night and “aggressively enforce” the DWI laws. Upon inquiry later, he said he doesn’t stake out bars or restaurants but actively makes traffic stops investigating whether the driver has been drinking.

Just as the fiancé’s vehicle turns into her driveway, this hillbilly deputy stops our hero’s vehicle. The allegation is that he is following too closely. (He was entering his driveway). Within minutes, the deputy has our hero out of his vehicle, smells the alcohol, alleges that the driver failed 3 sobriety tests, and places him under arrest. Forty five minutes later, the driver allegedly blew 0.12 on the breathalyzer.

Our military has a very different attitude toward DWI than does civilian society. In their world, DWI is a serious crime and is dealt with harshly. Based on the sheer allegation alone, the client’s driving privileges were suspended for one year, he was about to be transferred to a shithole in the Midwest, and he had a GOMAR (Bad Boy notice) placed in his “Permanent Record”. Worst of all, however, was that he was going to be compelled to resign and lose significant amounts of pay and earned rank. Three more years, and he gets his golden retirement ticket; the one for which he paid in so much blood and sweat so I can sit here safely and write this drivel.

Into my hands fell the responsibility of doing for him what he has done for us. Even a DWAI plea put his entire military career in jeopardy. The District Attorney who is running unopposed would not relent and every trick and motion I knew was not good enough to get the charges dismissed. It was heartbreaking and only one option remained.

Three weeks ago we went to trial. After a day and a half of trial, the jury deliberated 40 minutes and acquitted the client of all charges; including the traffic offense.

Now you would think that the institution whose primary mission it is to protect and defend with their blood the Constitution of the United States; namely the United States Military would recognize the impact of an acquittal of all charges and clear the client’s name.

“No”, said ‘They’. Just the mere fact that the client was arrested establishes ‘Conduct Unbecoming an Officer’. Acquitted of the traffic charge means that the arrest itself was a nullity. Hence, to continue to hold this officer accountable is a shame.

Yet, as I stand here before you today, the United States Military will not clear our hero. His military driving privileges shall remain suspended for one year and there will forever be one single blemish on his permanent record. Whether he gets the promotions and retirement for which he worked so hard is yet to be seen.

But as an American citizen, I am ashamed of my government and military. After 18 years of service and being nearly used up and carrying with him injuries and scars and a thousand unseen and unknown battles, we now turn our backs on him. The army is trying to throw him to the wolves. He is used up; his best years already gone and if they can rid themselves of this decorated hero, then they can save on their budget. For Shame.

Our Constitution has to be the loudest voice in any of our policy discussions. If our military does not respect the honor code to which they once swore, “to uphold, defend, and protect the constitution against all enemies, foreign and domestic”, including the INNOCENT UNTIL PROVEN GUILTY part, then who can trust them to keep us safe from encroachments upon other facets of the parched hemp.

It is my turn to go over that wall. Nobody gets left behind. Acquitted after trial has to have meaning or it means nothing at all. It has to stop. A soldier’s life hangs in the balance.