United States v. Gilbride

56 M.J. 428, 2002 CAAF LEXIS 392, 2002 WL 741947
CourtCourt of Appeals for the Armed Forces
DecidedApril 26, 2002
Docket01-0503/AF
StatusPublished
Cited by8 cases

This text of 56 M.J. 428 (United States v. Gilbride) 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. Gilbride, 56 M.J. 428, 2002 CAAF LEXIS 392, 2002 WL 741947 (Ark. 2002).

Opinions

Judge EFFRON

delivered the opinion of the Court.

A general court-martial composed of officer members convicted appellant, contrary to his pleas, of aggravated assault, in violation of Article 128, Uniform Code of Military Justice (UCMJ), 10 USC § 928. He was sentenced to a bad-conduct discharge, confinement for one year, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved the sentence but waived application of the automatic forfeitures in favor of an allotment for appellant’s dependents. The Air Force Court of Criminal Appeals affirmed the findings and sentence in an unpublished opinion.

[429]*429On appellant’s petition, we granted review of the following issue:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE REQUEST TO INTRODUCE THE WRITTEN PORTION OF APPELLANT’S INTERROGATION STATEMENT UNDER THE EVIDEN-TIARY RULE OF COMPLETENESS.

For the reasons set forth below, we affirm.

I. BACKGROUND

The assault charge in the present case involved injuries to appellant’s stepson, JB. The case arose when a doctor examining JB determined that he had a severe spiral fracture of the left femur and suspected that the injury had been caused by child abuse. According to the physician, appellant told him that JB had been injured when he fell from the sofa, and that JB later walked unimpeded. The physician suspected child abuse because, in his view, the injury could only have been caused by twisting the leg, and the child would not have been capable of walking with such an injury.

Appellant, who was interviewed by agents of the Air Force Office of Special Investigations (AFOSI) as a suspect, waived his rights and responded to their questions. After relating differing versions of events, appellant stated that the injury occurred when he was trying to dress JB. Appellant stated that because JB was squirming and uncooperative, he grabbed JB’s leg with both hands and twisted it to force the leg into JB’s pants. Appellant told the agents that JB screamed in pain, so he knew that JB was hurt, but did not know the leg was broken. Using a demonstrative doll-like figure provided by the agents, appellant showed the agents how he had injured the child.

After finishing the verbal questions, the agents asked appellant to prepare a written statement. According to Agent Carrigan, who participated in the interrogation, the request for a written statement was a routine part of the interrogation process. Appellant’s written statement was substantially similar to his verbal responses to the interrogators, except for the following:

I’m telling the truth when I say that I didn’t mean to hurt [JB]. I couldn’t ever imagine hurting a little child on purpose & I truly didn’t mean to hurt him. I’m not some psychopath child beater, I didn’t mean to hurt him, I just wanted to get his pants put back on him.

The entire interrogation, from the beginning of the inquiry through completion of appellant’s written statement, spanned approximately six hours, with no significant break between the verbal and written statements.

At trial, Agent Carrigan, who testified as a prosecution witness, recounted the content of appellant’s oral confession. Trial counsel deliberately avoided questions concerning the written statement. At the close of the direct examination, the prosecution requested a session under Article 39(a), UCMJ, 10 USC § 839(a), where trial counsel sought to preclude any attempt by the defense to introduce the written statement on the grounds that it constituted inadmissible hearsay. Defense counsel urged admission under the rule of completeness embodied in Mil.R.Evid. 106 and 304(h)(2), Manual for Courts-Martial, United States (2000 ed.).

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Bluebook (online)
56 M.J. 428, 2002 CAAF LEXIS 392, 2002 WL 741947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gilbride-armfor-2002.