Post by Anja Nieser on Sept 26, 2006 15:08:20 GMT -5
Lewis general reverses death penalty decision for soldier
Fort Lewis commander Lt. Gen. James Dubik reversed his earlier decision
that a soldier accused of killing 2 people outside a tavern should face
the death penalty if convicted.
Dubik gave no explanation, but Army officials said the change followed a
review of his original decision in May regarding Spc. Jamaal A. Lewis, a
communications specialist.
Lewis, 22, is charged with killing Pfc. Jason Jowers, 26, and another
soldier's wife, Crystal Hurley-McDowell, 23, during an attempted robbery
outside a Lakewood tavern in September 2005.
Trial is scheduled next month. Lewis now faces maximum punishment of life
without possibility of parole.
Capital cases are rare in the military. There are 6 men on military's
death row, and the last execution was in 1961.
Fort Lewis officials could not recall the last time a soldier there faced
the death penalty.
Under the military court system, commanders decide whether an accused
soldier should be court-martialed or face some lesser form of disciplinary
action.
Defense attorneys had raised questions about procedures leading to Dubik's
decision in May. Under recommendation of trial judge, Col. Debra Boudreau,
lawyers asked Dubik to reconsider the case early last month, officials
said.
Defense attorney Maj. John Hyatt was allowed to speak to Dubik about why
his client didn't deserve such a punishment.
Accusations against Lewis do not rise to the level that would merit the
death penalty in most states' civilian courts, Hyatt contends.
Lewis grew up in tough circumstances in Prince Georges County, Md., and
received good reviews for his service with the 1st Special Forces Group in
Afghanistan. His background and performance as a soldier merited leniency,
Hyatt said.
Col. Kevin Lovejoy, who took over this summer as the post's top lawyer,
also advised against the death penalty after reviewing the case.
"This is consistent with the staff judge advocate's recommendation," Lt.
Col. Robert Resnick, a senior deputy on the post's legal staff, said
Friday.
Two other soldiers involved in the case have already been convicted.
Pvt. Kevin Lambers was convicted in May of 2 counts of making false
statements and one count of being an accessory after the fact in the
killings. Pvt. Joseaf U. Griessett pleaded guilty in March to being an
accessory to a crime after the fact, obstructing justice and making a
false official statement.
Lambers, Griessett and Lewis were assigned to Group Support Company of the
1st Special Forces Group at Fort Lewis.
(source: Associated Press)
Fort Lewis commander Lt. Gen. James Dubik reversed his earlier decision
that a soldier accused of killing 2 people outside a tavern should face
the death penalty if convicted.
Dubik gave no explanation, but Army officials said the change followed a
review of his original decision in May regarding Spc. Jamaal A. Lewis, a
communications specialist.
Lewis, 22, is charged with killing Pfc. Jason Jowers, 26, and another
soldier's wife, Crystal Hurley-McDowell, 23, during an attempted robbery
outside a Lakewood tavern in September 2005.
Trial is scheduled next month. Lewis now faces maximum punishment of life
without possibility of parole.
Capital cases are rare in the military. There are 6 men on military's
death row, and the last execution was in 1961.
Fort Lewis officials could not recall the last time a soldier there faced
the death penalty.
Under the military court system, commanders decide whether an accused
soldier should be court-martialed or face some lesser form of disciplinary
action.
Defense attorneys had raised questions about procedures leading to Dubik's
decision in May. Under recommendation of trial judge, Col. Debra Boudreau,
lawyers asked Dubik to reconsider the case early last month, officials
said.
Defense attorney Maj. John Hyatt was allowed to speak to Dubik about why
his client didn't deserve such a punishment.
Accusations against Lewis do not rise to the level that would merit the
death penalty in most states' civilian courts, Hyatt contends.
Lewis grew up in tough circumstances in Prince Georges County, Md., and
received good reviews for his service with the 1st Special Forces Group in
Afghanistan. His background and performance as a soldier merited leniency,
Hyatt said.
Col. Kevin Lovejoy, who took over this summer as the post's top lawyer,
also advised against the death penalty after reviewing the case.
"This is consistent with the staff judge advocate's recommendation," Lt.
Col. Robert Resnick, a senior deputy on the post's legal staff, said
Friday.
Two other soldiers involved in the case have already been convicted.
Pvt. Kevin Lambers was convicted in May of 2 counts of making false
statements and one count of being an accessory after the fact in the
killings. Pvt. Joseaf U. Griessett pleaded guilty in March to being an
accessory to a crime after the fact, obstructing justice and making a
false official statement.
Lambers, Griessett and Lewis were assigned to Group Support Company of the
1st Special Forces Group at Fort Lewis.
(source: Associated Press)