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"ed kyle" wrote:
On Feb 5, 10:30 pm, robert casey wrote: "Fatal Attraction" meets "I Dream of Jeannie"? Not what NASA needed this week. Hopefully Ms. Nowak will get a good attorney, followed good some good counseling. If any of this is true, I doubt that NASA would keep her as an astronaut. They're not gonna want someone who could go loopy up in orbit... Probably a career-ending deal, but I'm also thinking that NASA might be well served to seek political help here, to have someone powerful politely "ask" the local D.A. to make the kidnapping charge go away. That would be the *worst* thing NASA could do, as it would make it look like they are attempting a coverup. Kidnapping sounds very "iffy" anyway. The charge is 'attempted kidnapping'. (Who in the jury pool hasn't become goofy-angry over a relationship conflict during their life, and at least thought about doing something stupid?). Everybody *thinks* about it - but Nowak crossed the line and *did* something about it. Juries won't tend to be sympathetic to the "you've thought about it, so she shouldn't be held responsible for actually doing it" arguement. This incident would quickly fade from the news without that more serious charge - otherwise it could become a longer-running staple of the cable talk-show circuit, like "Runaway Bride", et. al.. It would be awful hard to make that charge 'go away' considering the detailed preperation made by Nowak - including items which could be construed as showing evidence of stalking and other items which provided a greater possible threat. D. -- Touch-twice life. Eat. Drink. Laugh. -Resolved: To be more temperate in my postings. Oct 5th, 2004 JDL |
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On Tue, 6 Feb 2007 03:28:32 -0600, Bill Baker wrote
(in article ): On 2007-02-06 00:52:46 -0800, (Derek Lyons) said: "ed kyle" wrote: [...] Probably a career-ending deal, but I'm also thinking that NASA might be well served to seek political help here, to have someone powerful politely "ask" the local D.A. to make the kidnapping charge go away. That would be the *worst* thing NASA could do, as it would make it look like they are attempting a coverup. Indeed. Because she is a high-profile Federal employee, the DOJ is a lot more likely to bring a Lindbergh Act felony charge against her than some US Park Service schmuck... ...Actually, it just now occurred to me that as active duty military, she's liable to be charged under the UCMJ for this, right? Oh man, that's bad ju-ju. Ring-knocker & astronaut court-martialed for a high-profile attempted kidnapping (with hints of a planned murder)? She could be in Leavenworth until they take her out in a coffin. I don't practice criminal law, but that thought had occurred to me as well. She's in some VERY deep ****. -- You can run on for a long time, Sooner or later, God'll cut you down. ~Johnny Cash |
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Herb Schaltegger wrote:
On Tue, 6 Feb 2007 03:28:32 -0600, Bill Baker wrote (in article ): On 2007-02-06 00:52:46 -0800, (Derek Lyons) said: "ed kyle" wrote: [...] Probably a career-ending deal, but I'm also thinking that NASA might be well served to seek political help here, to have someone powerful politely "ask" the local D.A. to make the kidnapping charge go away. That would be the *worst* thing NASA could do, as it would make it look like they are attempting a coverup. Indeed. Because she is a high-profile Federal employee, the DOJ is a lot more likely to bring a Lindbergh Act felony charge against her than some US Park Service schmuck... ...Actually, it just now occurred to me that as active duty military, she's liable to be charged under the UCMJ for this, right? Oh man, that's bad ju-ju. Ring-knocker & astronaut court-martialed for a high-profile attempted kidnapping (with hints of a planned murder)? She could be in Leavenworth until they take her out in a coffin. I don't practice criminal law, but that thought had occurred to me as well. She's in some VERY deep ****. So, when do you think she'll be fit to fly again? -- The Tsiolkovsky Group : http://www.lifeform.org My Planetary BLOB : http://cosmic.lifeform.org Get A Free Orbiter Space Flight Simulator : http://orbit.medphys.ucl.ac.uk/orbit.html |
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"kT" wrote in message
... I don't practice criminal law, but that thought had occurred to me as well. She's in some VERY deep ****. So, when do you think she'll be fit to fly again? When we have a penal colony in space. |
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Herb Schaltegger wrote:
On Tue, 6 Feb 2007 03:28:32 -0600, Bill Baker wrote (in article ): ...Actually, it just now occurred to me that as active duty military, she's liable to be charged under the UCMJ for this, right? Oh man, that's bad ju-ju. Ring-knocker & astronaut court-martialed for a high-profile attempted kidnapping (with hints of a planned murder)? She could be in Leavenworth until they take her out in a coffin. I don't practice criminal law, but that thought had occurred to me as well. She's in some VERY deep ****. IIRC; (I'm not a lawyer, I don't play one on TV, and I haven't stayed at a Holiday Inn Express - but once upon a time I was subject to the UCMJ.) Since the offense occurred off of Federal property, and involved a civilian (I.E. someone not under the UCMJ, even though employed by the DoD), civilian criminal proceedings takes precedence. Because of double jeopardy, if she is tried by a civilian court - she cannot subsequently be charged under the UCMJ for the same crime(s). The catch is however - she *can* be tried for UCMJ offenses related to the crime which are not covered by the civilian trial or are not civilian offenses. (Conduct Unbecoming for example, or under the General Article.) Her relationship with CDR Oefelein, while not an offense under civilian law, is potentially one under the UCMJ - and she could be charged with Fraternization. D. -- Touch-twice life. Eat. Drink. Laugh. -Resolved: To be more temperate in my postings. Oct 5th, 2004 JDL |
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On Tue, 6 Feb 2007 11:10:51 -0600, Derek Lyons wrote
(in article ): ince the offense occurred off of Federal property, and involved a civilian (I.E. someone not under the UCMJ, even though employed by the DoD), civilian criminal proceedings takes precedence. The victim was a USAF captain and the paramour (not directly involved in the crimes) is a Navy commander. -- You can run on for a long time, Sooner or later, God'll cut you down. ~Johnny Cash |
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Herb Schaltegger wrote:
On Tue, 6 Feb 2007 11:10:51 -0600, Derek Lyons wrote (in article ): ince the offense occurred off of Federal property, and involved a civilian (I.E. someone not under the UCMJ, even though employed by the DoD), civilian criminal proceedings takes precedence. The victim was a USAF captain and the paramour (not directly involved in the crimes) is a Navy commander. My bad. The first condition however still applies, the offense occurred off of federal property, which means civilian law could still take precedence. The UCMJ only takes unquestioned precedence when the offense occurs between individuals under the UCMJ *and* it occurs on federal property. It's not unheard of for local jurisdictions to hand over a case involving two such individuals off of federal property to the military authorities - but AFAIK, that's mostly low level stuff misdemeanors etc... Again, this is IIRC. (And dammit, the one guy I could call and get a contact at the Legal office just upped anchor and headed out to sea.) D. -- Touch-twice life. Eat. Drink. Laugh. -Resolved: To be more temperate in my postings. Oct 5th, 2004 JDL |
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On Tue, 6 Feb 2007 01:28:32 -0800, Bill Baker
wrote: ...Actually, it just now occurred to me that as active duty military, she's liable to be charged under the UCMJ for this, right? Oh man, that's bad ju-ju. Ring-knocker & astronaut court-martialed for a high-profile attempted kidnapping (with hints of a planned murder)? She could be in Leavenworth until they take her out in a coffin. Yeah, I know I'm running a little late here, but I've got to put my two cents in anyway. She won't go to Leavenworth, no matter what they charge her with and find her guilty of. It's impossible. Leavenworth is for men only. Mary "The things you learn in COTR classes" -- Mary Shafer Retired aerospace research engineer We didn't just do weird stuff at Dryden, we wrote reports about it. or Visit my new blog at http://thedigitalknitter.blogspot.com/ |
#10
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![]() Reunite Gondwanaland (Mary Shafer) wrote: On Tue, 6 Feb 2007 01:28:32 -0800, Bill Baker wrote: ...Actually, it just now occurred to me that as active duty military, she's liable to be charged under the UCMJ for this, right? Oh man, that's bad ju-ju. Ring-knocker & astronaut court-martialed for a high-profile attempted kidnapping (with hints of a planned murder)? She could be in Leavenworth until they take her out in a coffin. Yeah, I know I'm running a little late here, but I've got to put my two cents in anyway. She won't go to Leavenworth, no matter what they charge her with and find her guilty of. It's impossible. Leavenworth is for men only. Mary "The things you learn in COTR classes" What is the difference between COTR and ATR, why the switch from ATR to COTR, and when did it happen??? Eric -- Mary Shafer Retired aerospace research engineer We didn't just do weird stuff at Dryden, we wrote reports about it. or Visit my new blog at http://thedigitalknitter.blogspot.com/ |
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