United States v. Second Lieutenant LAWRENCE J. FRANKS

76 M.J. 808, 2017 CCA LEXIS 592, 2017 WL 3816039
CourtArmy Court of Criminal Appeals
DecidedAugust 31, 2017
DocketARMY 20140952
StatusPublished
Cited by2 cases

This text of 76 M.J. 808 (United States v. Second Lieutenant LAWRENCE J. FRANKS) is published on Counsel Stack Legal Research, covering Army Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Second Lieutenant LAWRENCE J. FRANKS, 76 M.J. 808, 2017 CCA LEXIS 592, 2017 WL 3816039 (acca 2017).

Opinions

OPINION OF THE COURT

FEBBO, Judge:

In this case, we hold that appellant’s own fear of suicide does not support a defense of duress under current precedent. We hold that the offense of desertion with intent to shirk important service was factually and legally sufficient. We also hold that the military judge properly instructed the panel on the mens rea required for the offense of conduct unbecoming an officer.

A panel sitting as a general court-martial convicted appellant, contrary to his pleas, of desertion with intent to shirk important service and conduct unbecoming an officer, in violation of Articles 85 and 133 of the Uniform Code of Military Justice, 10 U.S.C. §§ 885, 933 (2012) [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a dismissal and confinement for four years.

We review this case under Article 66, UCMJ.1 Appellant assigns four errors.2 We [812]*812find three require discussion but no relief. We have considered the matters personally-asserted by appellant pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and find they lack merit.

BACKGROUND

In spring 2008, appellant graduated from the United States Military Academy at West Point and commissioned as a medical service corps officer. In January 2009, appellant reported to 2nd Battalion, 22nd Infantry Regiment (commonly referred to as the “Triple Deuce”), 1st Brigade Combat Team (1BCT), 10th Mountain Division (Light Infantry) at Fort Drum. His duties included tracking and reporting on the medical readiness of the soldiers in the unit. His unit was on the “Patch-Chart”3 to deploy to Iraq in September 2009 as part of the “Surge.” The unit had completed reset from a redeployment, had started a new training cycle, and was preparing for another deployment, but had not yet received deployment orders.

Appellant asserts he grew disillusioned with his assignment, became depressed, and developed suicidal ideations. He stated he wanted direct contact with patients and did not enjoy a “desk job.” According to appellant, he had unreported and undiagnosed depression and suicidal ideations during high school and while attending West Point, but avoided his suicidal ideations through physical and athletic activities. He decided to join the French Foreign Legion (“the Legion”) because he believed it would be more rigorous and challenging.

On 30 March 2009, after purchasing a round trip ticket, appellant left his unit and flew to France. Before he left, he paid his rent and left his military identification card, military identification tag, West Point class ring, cell phone, and keys to his office. Appellant left his military clothing and equipment (“OCIE”) and asked his roommate to turn it in. He also wrote letters to his roommate and family indicating his suicidal ideations.

On 6 April 2009, appellant executed a five-year enlistment contract with the Legion.4 Appellant was provided a new identity by the Legion. During his enlistment, appellant deployed to Mali, Central African Republic, and Djibouti. He served as a team leader, as a medic, and on the security detail for a French Army BG.

Back in the United States, in January 2010, the Triple Deuce deployed to Afghanistan.

On 6 April 2014, appellant completed his five-year enlistment contract and was discharged from the Legion. The next day, appellant traveled to Wiesbaden, Germany and voluntarily surrendered to the U.S. Army. The government charged appellant with two specifications of desertion and one specification of conduct unbecoming an officer. A “sanity board” ordered pursuant to Rule for Court-Martial [hereinafter R.C.M.] 706 found that when appellant left his unit, he had a severe mental disease or defect—major depressive disorder—as well as recurrent, severe and active suicidal ideations and an alcohol use disorder. However, the sanity board found he understood the wr'ongfulness of his actions and could participate in his defense.

At trial, appellant admitted it was wrong to leave the Army for five years. He claimed, however, his “tunnel vision” and thoughts of suicide left him with two choices: commit suicide or join the Legion. Appellant rea[813]*813soned that since France is an ally of the U.S. and the Legion was engaged in fighting terrorism, joining the Legion was not conduct unbecoming an officer. Appellant asserts at trial and on appeal he should be commended for his decisions.

After a trial consisting of fifteen government and defense witnesses, dozens of exhibits consisting of hundreds of pages of documents, and a record of trial consisting of 1,196 pages, the panel found appellant not guilty of desertion with intent to remain permanently away, but guilty of desertion with intent to shirk his unit’s deployment, as well as conduct unbecoming an officer.

LAW AND DISCUSSION

A. Desertion with Intent to Shirk Important Service

Appellant’s duress defense claim on appeal can be summarized as follows: appellant asserts that if one will kill himself if he does not commit a crime then he is under duress and cannot be criminally liable for committing the crime. While we reject appellant’s argument, our conclusion should not be misinterpreted as a lack of understanding of the seriousness and gravity of the mental health issues of service members. Rather, our analysis focuses on whether appellant attempted to pursue a defense that was not available to him under current precedent.

1. Does Fear of One’s Own Suicide Support a Defense of Duress

A military judge has an affirmative duty to instruct on special defenses reasonably raised by the evidence. R.C.M. 920(e)(3). An instruction on a defense is not required if no reasonable panel member could find the defense applicable. United States v. Schumacher, 70 M.J. 387, 389-90 (C.A.A.F. 2011). The appellant’s defense counsel specifically requested the military judge to instruct the panel on the duress defense. Therefore, the instructional issue for the duress defense is preserved on appeal,

The defense of duress applies when:

the accused’s participation in the offense was caused by a reasonable apprehension that the accused or another innocent person would be immediately killed or would immediately suffer serious bodily injury if the accused did not commit the act. The apprehension must reasonably continue throughout the commission of the act. If the accused had any reasonable opportunity to avoid committing the act without subjecting the accused or another innocent person to the harm threatened, this defense shall not apply.

R.C.M. 916(h).

Appellant argues the military judge erred by ruling that appellant’s own suicidal idea-tions could not support a defense of duress. Appellant asserts that having only two choices, kill himself or join the Legion, he intentionally left his unit to avoid an overwhelming desire to kill himself. Appellant thought the “rigorous and regimented lifestyle would cause his suicidal ideations to diminish.”

There are several problems with appellant’s argument, and we hold the military judge did not err by denying appellant’s request to instruct the panel on the duress defense.

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Cite This Page — Counsel Stack

Bluebook (online)
76 M.J. 808, 2017 CCA LEXIS 592, 2017 WL 3816039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-second-lieutenant-lawrence-j-franks-acca-2017.