From Monica Benderman
July 29th, 2005 . by TomMonica Benderman has posted in our forums (she is a regular contributor) on the initial decision in Kevin’s trial. What I find most interesting is the fact that Kevin cannot appeal his sentence until the Convening Authority signs off on it and it is entirely possible that won’t happen. So Kevin could serve his entire sentence without any right to file an appeal. That’s appalling. This is no longer just an issue of military justice (or lack thereof) it is a human rights issue.
posted by Monica Benderman in TheWar.
THANK YOU — to everyone for supporting Kevin and me.
Kevin is currently in a local county jail — but he is being treated well. We are waiting to see where he will be going next, and what will be happening.
The appeals process has been initiated - BUT — Kevin has not actually been convicted as yet. He is in prison, but the conviction will not be official until the Convening Authority, Col. John Kidd, has signed off on it. He cannot make the sentence any greater, but he can reduce it. It’s doubtful that he will do that, he has an inordinate amount of disdain for me. The entire prosecution team, including witnesses, all stood outside the doorway and laughed while Kevin was walking to the van. They wanted to put him in shackles and chains “so that the media could take pictures of him that way” but his supervisor, the man they had placed in charge of that, refused to do that, so Kevin walked freely. This supervisor has been very supportive of Kevin from the start - and continues to be very upset about what is happening, as he knows the truth.
Kevin could serve his entire sentence without Col. Kidd approving the sentence, which means that he will have the potential to serve without being convicted. The reason this is a possibility is that until the sentence is confirmed, they cannot officially process the appeal, and until the conviction is official, the defense team cannot receive the full transcripts from the trial. Without these, they cannot begin to create the brief to file for the appeal.
People need to be aware of this. Please… let people know just what they are capable of.
Kevin is fine, and says THANK YOU for staying with him.
Love, Monica