Caputo v. United States

17 M.J. 921, 1984 CMR LEXIS 4668
CourtU.S. Navy-Marine Corps Court of Military Review
DecidedFebruary 29, 1984
DocketMiscellaneous Docket No. 83-08
StatusPublished
Cited by1 cases

This text of 17 M.J. 921 (Caputo v. United States) is published on Counsel Stack Legal Research, covering U.S. Navy-Marine Corps Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caputo v. United States, 17 M.J. 921, 1984 CMR LEXIS 4668 (usnmcmilrev 1984).

Opinion

OPINION

GARVIN, Judge:

This case comes to the Court in the form of a Petition for Extraordinary Relief seeking to dismiss the charges on a jurisdictional basis.

On 27 May 1983 appellant appeared at a special court-martial convened at the Naval Station, Philadelphia, Pennsylvania pursuant to special court-martial convening order 83-2, Commander, Naval Reserve Readiness Command, Region Two, Scotia, New York. He appeared in civilian clothes. He was represented by his retained civilian counsel, and his detailed military counsel. At arraignment, appellant raised a motion to dismiss for lack of jurisdiction over the person, and a second motion to dismiss for [923]*923lack of jurisdiction over the offenses alleged.

Ship’s Storekeeper Third Class (SK3) Caputo, U.S. Naval Reserve, Ready (USNR-R) was charged with wrongfully and knowingly possessing two hundred “microdot” doses of lysergic acid diethylamide (LSD) with the intent to distribute in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 and with an unauthorized absence in violation of Article 86, UCMJ, 10 U.S.C. § 886. The drug offense allegedly occurred at Waikiki Beach, Honolulu, Hawaii on 13 February 1983, and the unauthorized absence was alleged to be from Naval Reserve Cargo Handling Battalion Six, Detachment “A” (NR CHB SIX, DET “A”), while appellant was on active duty at the Naval Supply Center, Pearl Harbor, Hawaii.

The facts are not disputed for the purpose of deciding the jurisdictional issues. We adopt Judge Haldeman’s findings of fact:

FINDINGS OF FACT. The following chronology and findings of fact are pertinent to both motions by the defense:

1. On 13 June 1982, at the- Naval Reserve Center, Staten Island, New York, Martin Caputo enlisted in the United States Naval Reserve, Ready, in pay grade E-4, for a period of two years. Appellate Exhibit (after this, AE) V.
2. On 13 June 1982, SK3 Caputo requested assignment, and was assigned pursuant to his request, to NR CHB SIX, DET “A”, Naval Reserve Center, Fort Wadsworth, Staten Island, New York. AE’s VI, VII, and VIII.
3. On 13 June 1982, SK3 Caputo voluntarily acknowledged that he accepted the above assignment "... fully understanding that while engaged in training pursuant thereto I shall be subject to the provisions of the Uniform Code of Military Justice.” AE VIII. (The military judge inferred voluntariness from the properly executed form containing the signature of SK3 Caputo; furthermore, the defense, in argument and presentation of the motion, made no claim of lack of understanding or involuntariness.)
4. Subsequent to 13 June 1982, SK3 Caputo regularly attended most of his scheduled inactive duty training drills and received pay for his attendance. Testimony of SK3 CAPUTO.
5. On 7 February 1983, pursuant to his contractual duty to perform 14 days active duty for training (ACDUTRA) annually, and in accordance with orders from the Chief of Naval Reserve, SK3 Caputo reported, with other members from his unit, to the Commanding Officer, Naval Supply Center, Pearl Harbor, Hawaii, for ACDUTRA. AE’s VIII and IX.
6. On 13 February 1983, SK3 Caputo was apprehended by a plain-clothes member of the Honolulu Police Department for drinking in public in the vicinity of the Kuhio Beach Center on Kalakaua Avenue, a location not on any military base or reservation. Attachment 1 to AE XI.
7. At the same place and time, the arresting police officer conducted a “search incident to arrest” and discovered a black film cannister from which were protruding ... three clear plastic bags containing purple pellets in the left front pocket of SK3 Caputo’s white sport coat. Attachment 1 to AE XI.
8. As a result of his arrest, SK3 Caputo was held in civilian custody from approximately 2145, 13 February 1983 to sometime on 15 February 1983. Attachment 1 to AE’s XI, and XV.
9. On and after 13 February 1983, authorities of SK3 Caputo’s reserve drilling unit, then in Hawaii, and authorities at his parent reserve unit in Staten Island, New York, were aware that he had been arrested for “drinking in public” and “promoting dangerous drugs” and held by civilian authorities. AE’s XI and XV.
10. On 18 February 1983, SK3 Caputo returned to his parent reserve command, detached from ACDUTRA and returned home. AE’s IX and XV.
11. Between 17 February 1983 and 2 March 1983, SK3 Caputo’s Naval Reserve chain of command became sufficiently [924]*924aware of the details of his involvement with civilian authorities to evaluate possible prosecution for the alleged offenses. (Inference based on the date of preparation of charges and the date of the request for Naval Investigative Service (NIS) assistance.)
12. On 2 and 3 March 1983, charges against SK3 Caputo, alleging possession of LSD with intent to distribute in violation of Article 134, UCMJ, and alleging unauthorized absence in violation of Article 86, UCMJ, were prepared and sworn at the Naval Reserve Center, Staten Island, New York. Charge sheet pp. 1 and 3.
13. On 10 March 1983, Commander, Naval Reserve Readiness Command (COMNAYRESREDCOM), Region TWO, prepared a letter to the Military Magistrate, Naval Base, Philadelphia, justifying planned pre-trial confinement of SK3 Caputo. AE X(d).
14. On 12 March 1983, SK3 Caputo reported for regularly scheduled inactive training duty with NR CHB SIX. AE’s X(a), (b), (c), (d) and XIII; testimony of SK3 Caputo.
15. Immediately after reporting on 12 March 1983, SK3 Caputo was advised of the charges against him, was administered warnings required by Article 31, UCMJ, 10 U.S.C. § 831, and United States v. Tempia, 16 U.S.C.M.A. 629, 37 C.M.R. 249 (1967), and was ordered into pre-trial confinement. AE X(a), (b), (c).
16. On 12 March 1983, the Commanding Officer, NR CHB SIX, by letter, extended, for an indefinite period of time, SK3 Caputo’s inactive training duty status, and ordered him to report to COMNA-VRESREDCOM, Region TWO. AE X(a).
17. On 14 March 1983, SK3 Caputo was released from pre-trial confinement. AE X(c).
18. On 14 March 1983, civil authorities in Honolulu determined they would not prosecute SK3 Caputo for the alleged “drinking in public” or the alleged “promoting dangerous drugs”. AE XI.
19. On 14 March 1983, the NIS obtained from the Honolulu Police Department official reports concerning the Caputo arrest and investigation which had been previously withheld. AE XI.
20. On 24 March 1983, SK3 Caputo, through his detailed military defense counsel, protested the extension of his inactive duty training status. AE IV.
21.

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Related

United States v. Caputo
18 M.J. 259 (United States Court of Military Appeals, 1984)

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Bluebook (online)
17 M.J. 921, 1984 CMR LEXIS 4668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caputo-v-united-states-usnmcmilrev-1984.