United States v. Catrett

55 M.J. 400, 2001 CAAF LEXIS 1114, 2001 WL 1097774
CourtCourt of Appeals for the Armed Forces
DecidedSeptember 19, 2001
Docket01-0042/AF
StatusPublished
Cited by24 cases

This text of 55 M.J. 400 (United States v. Catrett) 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. Catrett, 55 M.J. 400, 2001 CAAF LEXIS 1114, 2001 WL 1097774 (Ark. 2001).

Opinions

Judge SULLIVAN

delivered the opinion of the Court.

During late 1997, appellant was tried by a general court-martial composed of officer and enlisted members at Cannon Air Force Base, New Mexico. Contrary to his pleas, he was found guilty of aggravated assault and wrongfully damaging an automobile, in violation of Articles 128(b)(2) and 109, Uniform Code of Military Justice, 10 USC §§ 928(b)(2) and 909, respectively. On December 18, 1997, he was sentenced to a bad-conduct discharge, confinement for 11 months, forfeiture of $300.00 pay per month for 11 months, and reduction to airman basic. The convening authority approved this sentence, except for confinement exceeding 8 months, on March 2, 1998. The Court of Criminal Appeals affirmed the findings of guilty and the approved sentence on August 16, 2000.

On February 6, 2001, this Court granted review on the following issues:

I. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT IN DENYING DEFENSE COUNSEL’S MOTION TO SUPPRESS STATEMENTS MADE BY APPELLANT AND EVIDENCE DERIVED FROM THOSE STATEMENTS.
II. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT IN ALLOWING OPINION TESTIMONY IN REBUTTAL ON THE MERITS REGARDING APPELLANT’S MILITARY CHARACTER WITHOUT PROPER FOUNDATION.
III. WHETHER THE STAFF JUDGE ADVOCATE ERRED IN FAILING TO RESPOND TO LEGAL ERRORS SUBMITTED BY THE DEFENSE TO THE STAFF JUDGE ADVOCATE RECOMMENDATION.

We resolve these issues in the Government’s favor and affirm the decision of the Court of Criminal Appeals.

The Court of Criminal Appeals, 2000 WL 1232427, found the following facts pertinent to the above issues:

I. Background
The appellant was deployed from Cannon Air Force Base (AFB), New Mexico, to Saudi Arabia from 6 May 1997 to 11 July 1997. During this deployment, the appellant asked his best friend, Airman First Class (A1C) Walker, to look after his wife. Within weeks, A1C Walker and Mrs. Catrett began a sexual affair. The relationship continued until shortly before the appellant returned home. On 25 July 1997, the appellant, his wife, and A1C Walker were at the appellant’s house in Clovis, NM. Mrs. Catrett proceeded to tell the appellant that she was unhappy and was leaving him. The appellant became upset and asked if she wanted to leave him because of A1C Walker. An argument then ensued between the appel[402]*402lant and AlC Walker. Shortly thereafter, the appellant struck AlC Walker in the back of the head with an object, knocking him onto a couch, and began striking him on his head and body with a rawhide dog bone, a brass sailfish statue, and his fists. The appellant also bit AlC Walker on his head and body and gouged AlC Walker’s eyes with his fingers. At this point, the appellant’s mother, who lived with the appellant, stopped the fight; however, the appellant indicated he intended to “finish this tonight.” AlC Walker, fearing that the appellant might attack him again, fled the house. Within seconds of AlC Walker’s departure, Mrs. Catrett fled the house and accompanied AlC Walker to the nearby residence of SSgt [Staff Sergeant] R.
A. Statements by the Wife
After leaving the appellant’s house, AlC Walker and Mrs. Catrett ran to SSgt R’s apaiftment. Once inside, AlC Walker phoned the Clovis Police Department and reported that he had been assaulted. Upon the arrival of the police, AlC Walker explained to the police what had happened. During this discussion, Mrs. Catrett was about 5 to 7 feet away from AlC Walker and the police. Shortly after the police arrived, paramedics came to the apartment, examined AlC Walker, and took him to the local hospital. Just before AlC Walker left for the hospital, Mrs. Catrett told one of the responding police officers, Officer S, that after she told the appellant she did not want to be with him anymore, the appellant got a gun and hit AlC Walker with it. Both SSgt R and Officer S testified that while at the apartment, Mrs. Catrett was excited, frantic, and appeared afraid. She repeatedly asked what was she going to do. Thereafter, Mrs. Catrett left SSgt R’s apartment with Officer S in a police vehicle and went to the appellant’s residence.
Upon arrival at the residence, while still in the police vehicle, Mrs. Catrett told Officer S that she was not having an affair with AlC Walker, that she still loved her husband, and had been with him since she was 13 years old. While in the car, Mrs. Catrett was still afraid and continued to be concerned with the consequences of what had happened. After this brief conversation, Officer S took Mrs. Catrett to the police station to obtain a written statement from her. Prior to taking her statement, Officer S informed her that she would have to sign the statement under oath, and that it would be used as evidence of what happened that night. At this point, Mrs. Ca-trett said she could not write, was scared, shaking and could not hold a pen. Officer S told her he would write the statement for her if she would relate to him what happened. She stated that after getting back from the party, she told her husband she was going to leave him. The appellant became furious, ran to their bedroom, and returned with a gun. After the appellant pushed her out of the way, the appellant and AlC Walker began to fight. She ran in and out of the room a number of times. At one point, she saw the appellant hit AlC Walker with a rawhide dog bone. After a few minutes the fight stopped, and she saw that AlC Walker was bleeding. The appellant then stated he was going to get another gun and this is when she and AlC Walker ran from the house. After giving this statement to Officer S, Mrs. Catrett was crying and was concerned about where she would go. After writing the statement, Officer S took Mrs. Catrett to Detective S in order to have him notarize the statement. When Detective S met with Mrs. Catrett, she was still emotionally upset. She was crying and nervous. At this time, Detective S felt that Mrs. Ca-trett was too upset to sign her statement in front of a notary and decided to let her leave the police station. She returned later that morning and stated that she did not want to sign the statement. She told Detective S that she had nowhere to go, no one to be with, and did not want to get her husband into any other trouble because she could only live in Clovis with him.
During the period 24 September 1997 to 3 December 1997, Mrs. Catrett provided one oral statement and one written, sworn [403]*403statement to the appellant’s defense team in which she stated that her statements to the local police authorities were false and denied the allegations against her husband. Additionally, in between her statements to the defense, she provided a written, sworn statement to the Cannon Air Force Base Office of Special Investigations (AFOSI) in which she reaffirmed the statements she made to the local police authorities on 25 July 1997. Finally, at trial, Mrs. Catrett asserted her privilege not to testify against her husband.
B. The Appellant’s Admissions to Civilian Police
After talking with AlC Walker at SSgt R’s apartment, three police officers went to the appellant’s residence. At the time the police entered the appellant’s residence, they were aware of the allegation that the appellant had assaulted AlC Walker with a handgun and considered him a suspect.

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Cite This Page — Counsel Stack

Bluebook (online)
55 M.J. 400, 2001 CAAF LEXIS 1114, 2001 WL 1097774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-catrett-armfor-2001.