United States v. Campos

42 M.J. 253, 1995 CAAF LEXIS 72, 1995 WL 505502
CourtCourt of Appeals for the Armed Forces
DecidedAugust 23, 1995
DocketNo. 93-1465; CMR No. 9102015
StatusPublished
Cited by21 cases

This text of 42 M.J. 253 (United States v. Campos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Campos, 42 M.J. 253, 1995 CAAF LEXIS 72, 1995 WL 505502 (Ark. 1995).

Opinion

Opinion of the Court

WISS, Judge:

1. Notwithstanding not-guilty pleas, a military judge sitting alone as a general court-martial at Fort Hood, Texas, convicted appellant of willful disobedience of a noncommissioned officer, assaulting a noncommissioned officer in the execution of his duties, and aggravated assault, see Arts. 91 and 128, Uniform Code of Military Justice, 10 USC §§ 891 and 928, respectively. Appellant’s sentence extended to a bad-conduct discharge, confinement and forfeiture of $250.00 pay per month for 4 months, and reduction to the lowest enlisted grade. The convening authority approved these results, and the Court of Military Review1 affirmed. 37 MJ 894 (1993).

2. On appellant’s petition, we granted review of the following issues:

I
WHETHER THE EVIDENCE IS LEGALLY AND FACTUALLY INSUFFICIENT TO CONVICT APPELLANT OF THE CHARGED OFFENSES BECAUSE HE LACKED THE REQUIRED MENS REA DUE TO AUTOMATIC AND UNCONTROLLABLE BEHAVIOR BROUGHT ON BY CLAUSTROPHOBIA.
II
WHETHER THE MILITARY JUDGE IN THIS CASE WAS SUBJECTED TO UNLAWFUL COMMAND INFLUENCE BECAUSE OF HIS PERCEIVED DEMOTION DUE TO HIS LENIENT SENTENCING PHILOSOPHY, AND THE CORRESPONDING GENERAL PERCEPTION THAT A SENIOR JUDGE HAD BEEN ASSIGNED TO FORT HOOD BECAUSE OF THE SENIOR JUDGE’S HARSH SENTENCING PHILOSOPHY.
Ill
WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT BY DENYING APPELLANT’S MOTION FOR THE PRODUCTION OF FIVE WITNESSES WHOSE TESTIMONY WAS CRITICAL TO A DETERMINATION OF THE ISSUE OF UNLAWFUL COMMAND INFLUENCE AND FORCING THE DEFENSE TO ENTER INTO STIPULATIONS OF EXPECTED TESTIMONY.
[255]*255IV
WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT BY FAILING TO SUA SPONTE RECUSE HIMSELF FROM APPELLANT’S COURT-MARTIAL BECAUSE OF: 1) HIS PERSONAL FEELINGS ABOUT BEING REPLACED BY COLONEL GREEN AS THE SENIOR MILITARY JUDGE AT FORT HOOD; 2) HIS PERSONAL KNOWLEDGE OF THE FACTS RELATING TO APPELLANT’S ALLEGATION OF UNLAWFUL COMMAND INFLUENCE; AND 8) THE FACT THAT HE WAS CALLED UPON TO RULE ON THE CORRECTNESS OF HIS OWN PRIOR RULING THAT UNLAWFUL COMMAND INFLUENCE HAD NOT INFECTED APPELLANT’S COURT-MARTIAL.

3. Now, after full consideration of appellant’s complaints, we hold: As to Issue I, the evidence is legally sufficient to support the findings of guilt; as to Issue II, the military judge was not subjected to any unlawful command influence, in fact or in appearance; as to Issue III, the military judge did not abuse his discretion under the circumstances of this case in denying the defense request for witnesses and relying instead on stipulations of their expected testimony; and, as to Issue IV, the military judge did not err in not recusing himself sua sponte.

I

A

4. On February 5, 1991, appellant’s unit was on a training mission in Saudi Arabia during Operation Desert Storm. Appellant was riding in a Bradley Fighting Vehicle. The exercise required appellant to dismount, so Sergeant Han, his squad leader, ordered him to remove his Combat Vehicle Crew (CVC) helmet and to put on his kevlar helmet. Appellant complied; however, several minutes into the exercise, he put his CVC helmet back on because the vehicle noise (which that helmet mostly kept out) was causing him to have a panic attack. When Sergeant Han again ordered appellant to wear his kevlar helmet, appellant refused to remove his CVC helmet and attacked Han. After a short struggle, appellant exited the rear hatch/ramp of the vehicle and discarded his equipment in the desert. See Final Brief at 2-3; Answer to Final Brief at 2-3.

5. Shortly after this incident, the division psychiatrist, Captain Engel, examined appellant and concluded that he suffered from “combat stress reaction, moderate.” In a memorandum to appellant’s command dated February 8, Captain Engel indicated that appellant had described to him “episodes of panic when in Bradley Fighting Vehicles” and that “the onset of these attacks occurred about 3 months ago.” In his discussion of this condition, Captain Engel wrote:

a. This soldier’s panic attacks are the result of increased stress due to possible combat. This is a normal reaction to a very stressful set of circumstances called a combat stress reaction.
b. Combat stress is not a medical illness. No medical board or evacuation is necessary or indicated.
c. During this soldier’s stay on our holding area, he was instructed extensively on the use of relaxation techniques. He should perform them at least once each day.
d. This soldier does, when under stress, have difficulty dealing with confined spaces. He is likely to perform better as a soldier if his job does not call for extended periods in small spaces.
e. This soldier is responsible for his actions. He is medically cleared for any administrative or judicial actions deemed appropriate by command.

6. Appellant’s command apparently made some effort to follow Captain Engel’s recommendation concerning his duties. However, on February 12, appellant was ordered to mount his Bradley vehicle to participate in a training mission with his unit. Appellant repeatedly refused to do so. First Sergeant Chamberlain ordered appellant into a HMMWV (high mobility multi-purpose wheeled vehicle) because the battalion was moving out, and Chamberlain “started chew[256]*256ing his butt.” When appellant began fiddling with his bayonet, Chamberlain ordered him to put it down. In response, appellant growled, “I’m going to kill you,” and lunged forward to stab Chamberlain. Other soldiers intervened and restrained appellant.

7. As a consequence of these actions, the instant charges were preferred against appellant, and a sanity board convened on July 11, 1991, to examine him. By memorandum dated July 29, the board defined “automatic” behavior, which it concluded had played a role in appellant’s attacks, and then opined the degree to which it affected appellant’s control. The results of this board were made known at trial, and all three members of the board appeared as witnesses.

8. First, Captain Engel—who, it will be recalled, had seen appellant immediately after the first incident—testified that, while his initial diagnosis of appellant was combat stress reaction or simple phobia, he had changed his diagnosis to panic disorder when serving on appellant’s sanity board. He explained that he believed that appellant’s condition had worsened in the 5 months between the incidents and the convening of the sanity board. Nonetheless, he concluded that, at the time of the incidents, “automatic behavior was a factor” in appellant’s actions.

9. “Automatic” behavior, Captain Engel explained, was “[sjomething to which the individual has a limited degree of control.” Later, he clarified this comment as follows:

You know, I would—I think it’s important to say that on some level—you know, there is—how he avoids that anxiety is a matter of choice for him. And I’m not trying to make the point that he’s totally without volition, totally without responsibility.

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Cite This Page — Counsel Stack

Bluebook (online)
42 M.J. 253, 1995 CAAF LEXIS 72, 1995 WL 505502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-campos-armfor-1995.