Action expected soon in review of Air Force officer's Osan court-martial
February 4, 2006
OSAN AIR BASE, South Korea — The court-martial review of an Air Force officer sentenced last year in an Osan Air Base bar district shakedown scandal is nearing action by the U.S. 7th Air Force commander, who must decide whether to alter or let stand the sentence.
Col. Rocco Lamuro, the 7th Air Force staff judge advocate, said the case of 1st Lt. Jason D. Davis is nearing final action by Lt. Gen. Garry R. Trexler, 7th Air Force commander. Lamuro is chief lawyer for the 7th Air Force.
Air Force Col. Eric Dillow, Pacific circuit military judge, sentenced Davis on Sept. 21 to dismissal from the Air Force and two years in prison. Until March 2005, Davis headed the 51st Security Forces Squadron’s police team that patrolled the bar district outside Osan Air Base. He was tried at Osan Air Base and later confined at the Charleston Naval Brig in Charleston, S.C.
Trexler “by law has to consider everything,” said Lamuro. “He can either approve the sentence as the judge handed it down or he can lighten it. He can’t, obviously, make it heavier.”
Seventh Air Force has sent to Davis and his lawyers the official trial records and the legal recommendation Lamuro has made to Trexler on what final action to take in the Davis case, Lamuro said.
Lawyers for the defense will have from the time they receive the materials 10 days to review them, to note any alleged errors in the documents, to indicate whether they are asking leniency for Davis, and to otherwise respond, Lamuro said.
Davis’ chief defense lawyer, Air Force Capt. Elizabeth M.D. Pullin, has said the defense will ask Trexler for leniency. Pullin, circuit defense counsel out of Yokota Air Base, Japan, could not immediately be reached for comment Wednesday.
Under the law, once 7th Air Force receives the defense’s reply, Trexler must read the entire package of materials thoroughly before reaching his decision, Lamuro said.
He said 7th Air Force has confirmation that the defense received the staff judge advocate’s recommendation to Trexler on Monday. He said the remaining documents also have been sent and that 7th Air Force was awaiting confirmation that the defense received the remaining documents.
In January, Pullin said the defense had complained to Trexler that the Air Force was taking too long to get the case to him for his final action. The trial record had not been sent to Dillow for his review — a requirement under the law — until about three months after Davis’ sentencing.
The Air Force later said that that interval occurred because the court reporter had been busy with other cases and had not provided the trial transcript earlier.
Davis pleaded guilty Sept. 20 to conduct unbecoming an officer, activities prejudicial to good order and discipline or that were discrediting to the service, violating orders and making a false official statement.