Tuesday, April 19, 2011

An Officer And A Gentleman?

The Illinois Administrator has filed a complaint alleging criminal conduct involving attempts to intimidate a U.S. Army General and his spouse. The accused attorney was a civilian employee working under the General and a Major in the Army Reserves. He was later promoted to Lieutenant Colonel.

The complaint alleges he was motivated by anger that the General had not promoted him and questioned his work ethic. The conduct allegedly took place after the theft of artwork and other personal items from the General's home.

Specifically

At all times alleged in this complaint, there was in effect a criminal statute, Uniform Code of Military Justice Article 133, which provided "conduct unbecoming of an officer and a gentleman. Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct."

On June 6, 2009, Respondent mailed an envelope which was postmarked in Bedford Park, Illinois, and addressed to General Hendrix’s wife, Karen at the Hendrixes’ home in Missouri. The envelope contained a photocopy of a page from the 2003 yearbook of the AWC, which referenced General Hendrix as the recipient of an AWC Writing Award. Respondent handwrote on the page, "Ask your little bitch if he is missing something."

Respondent intended for Karen and General Hendrix to feel intimidated by his June 6, 2009 mailing. Respondent knew that his June 6, 2009 mailing would reasonably cause Karen and Mark Hendrix to feel intimidated.

 Both Karen and General Hendrix felt intimidated and threatened by the anonymous letter, which used an epithet to refer to General Hendrix and referenced an item the theft that had occurred two years earlier. The reference to the theft placed the Hendrixes in fear that the person who had sent the June 6, 2009 letter had also committed the theft, and that that person now knew where they lived and could break into their house.

On August 14, 2009, Respondent mailed an envelope which was postmarked in St. Louis, Missouri, and was addressed to General Hendrix. The envelope contained a photocopy of a group photo of the members of General Hendrix’s army strategic leader development basic course. Respondent circled and crossed out General Hendrix’s face in the photo and handwrote the words "your [sic] next" connected by a line to the photo. Respondent intended the words "your [sic] next" written next to the photo of General Hendrix, coupled with the June 6, 2009 letter referencing an item missing from General Hendrix’s office, to insinuate that General Hendrix, like the award, would disappear.

Respondent intended for Karen and General Hendrix to feel intimidated by Respondent’s act of crossing out Mark Hendrix face in the photo and writing "your [sic] next." Respondent knew that his August 14, 2009 mailing would reasonably cause Karen and General Hendrix to fell intimidated.

Both Karen and General Hendrix felt intimidated and threatened by the anonymous letter, photo and the words "your [sic] next" in the August 14, 2009, mailing. Furthermore, since the Hendrixes lived in Missouri, the Hendrixes were alarmed by the fact that the August 14, 2009, envelope had been postmarked in Missouri.

As a result of Respondent’s conduct as described...above, Respondent resigned from the Army Reserves in lieu of being criminally prosecuted by a general court martial, and he received an other than honorable discharge.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/04/the-illinois-administrator-has-filed-a-complaint-alleging-criminal-conduct-involving-attempts-to-intimidate-a-us-army-gener.html

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