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92D ARW Victim _ Witness Assistance Guide

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					92D AIR REFUELING WING
  VICTIM AND WITNESS
   ASSISTANCE GUIDE




     Office of the Staff Judge Advocate
           92d Air Refueling Wing
         1. E. Bong Street, Suite 103
          Fairchild AFB WA 99011
                          TELEPHONE NUMBERS

Listed below are the telephone numbers and points of contact for organizations on
Fairchild Air Force Base, Washington that may be of some assistance to you. Please see
the information contained in this Handbook for a description of the services they provide.

Emergency Medical Services                   911

Spokane County Police                        911

Life Skills Management                       247-2731/247-2732
(Mental Health)

Airman and Family Readiness Center           247-2246 (Mr. Chris Marble)

Air Force Office of                          247-2591 (SA Jamie Rychecky)
Special Investigations

Base Legal Office                            247-4090 (TSgt Amber Martin)

Chaplain                                     247-2264 (Chaplain, Lt Col James Glass)

Security Forces                              247-5868 (Detective Timothy McShane)

Equal Opportunity                            247-7033



If you are not sure whom to call or if you have any questions, please contact TSgt Martin or
at (509) 247-4090.




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                                 INTRODUCTION

You have been assigned a Victim and Witness Liaison for Fairchild Air Force Base,
Washington which works in the Fairchild Air Force Base Legal Office, Located at 1. E.
Bong Street, Ste 103. You can reach your liaison at (509) 247-2838/4090. Their primary
duty is to ensure that all victims and witnesses’ rights are asserted properly and help is given
when requested. If you have any questions regarding any of the information contained in
this packet or any other aspect of the Victim and Witness Assistance Program (VWAP),
please contact them.

The information in the first part of this packet describes your rights as a victim or witness.

The second part provides a brief description of the services that are available to victims and
witnesses at Fairchild AFB. We encourage you to contact any of the organizations that may
be helpful. Nevertheless, remember that a victim and witness liaison is always available to
help you obtain the services you need.

The third part of this packet briefly describes the court-martial process. A Court-Marital is
similar to a civilian court. If there is to be a court-martial, a person known as the trial
counsel will be assigned. The trial counsel, usually an officer from Fairchild’s Legal Office,
will prosecute the accused. A VWAP liaison will then share the responsibility of keeping
you informed and assisting you during the court-martial process.




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                      Part I: Your Rights and Privileges

As a victim or witness of crime, you have certain rights that are briefly described below.
More detailed information regarding these rights, including the names and telephone
numbers of the persons who can assist you in obtaining the help that you need, is provided
in this information packet.

   1. You have the right to be treated with fairness and respect for your dignity and
      privacy - You have the right to a private waiting area during all legal proceedings.

   2. You have the right to reasonable protection from a suspect or the accused - You
      have the right to be free from intimidation or any other form of harassment by the
      accused or their family.

   3. You have the right to notification of all court-martial proceedings - During any
      court-martial proceedings, trial counsel will keep you informed of all developments.
      If you desire, arrangements can be made to keep you informed of events and
      proceedings that take place after the court-martial, this is called a DD Form 2704.

   4. You have the right to be present at all public court-martial proceedings, unless the
      military judge determines your testimony would be materially affected if you heard
      other testimony - If you desire, the trial counsel will assist in making arrangements
      for you to be present at court-martial proceedings whenever possible.

   5. You have the right to confer with trial counsel in the case - If you desire, trial
      counsel will keep you informed of all material developments in the court-martial.

   6. You have the right to appropriate restitution, when available – Members of the
      Fairchild Claims Office, 247-2832, can assist you when relief is available. This
      service is used only if your personal property was confiscated as evidence by a
      military official. You may also apply for Washington State compensation if needed.

   7. You have a right to information about the accused’s conviction, sentencing,
      confinement and release - If you desire, the trial counsel will assist you in obtaining
      this information, by having you initials the reverse side of the DD Form 2407.

   8. Return of Personal Property – Sometimes it is necessary for Security Forces
      Investigations Office to temporarily take various items of personal property for use
      as evidence in the case. Such items may include clothing, bedding, personal
      photographs, etc. These items are your personal property and, when possible, will
      be returned to you shortly after trial. Should the loss of this property, although
      temporary cause you any hardship, please notify the trial counsel. Also, notify the
      trial counsel if you do not want any of the property returned to you.




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9. For Personal Injury Reimbursement or Property Loss – Should you suffer from
   personal injury or property damage or loss, you may be able to receive restitution.
   Call 247-2838, Base Claims office can assist you in filling out the proper forms.




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                      PART II: VICTIM SERVICES

We will make every effort to afford the services listed below, upon request, to any
person who has suffered direct physical or emotional harm, or any other damage, as a
result of an offense investigated or prosecuted by U.S. Air Force Authorities.

MILITARY AND DEPEDENTS INFORMATION

If you are a military member and you or a member of your family have been the
victims of a crime and have suffered an injury, you are entitled to medical assistance.
This assistance includes not just treatment for physical injuries, and any psychological
injuries you may have experienced. The following is a list of telephone numbers you
can use to obtain medical treatment on Fairchild Air Force Base.

Emergency Medical Care: 911

Family Care Clinic: 247-5661 or 247-2361

Counseling Services: 247-2731

SARC: 347-9906

Restitution or other relief: 247-4090 (TSgt Amber Martin)

Transitional Compensation for Abused Dependents

Many times victims of domestic abuse will not report the crime or cooperate with law
enforcement authorities because the abuser is frequently the family’s sole source of
income. Going to jail or being discharged from the Air Force cuts that income,
creating further hardship on the abused dependent.

In order to remedy this situation, the Department of Defense has created the
Transitional Compensation for Abused Dependents Program. The program is
designed to put money into the hands of the abused dependent so that they will have
the means to start a new life.

In order to receive money, the abuser must be discharged from the Air Force either by
a court-martial or admin procedure. The reason for the discharge must be for the
abuse of a dependent. Additionally, the abused dependent may not continue to live
with the abuser or share a bank account with the abuser, because the point of the
program is to enable abused to start a new life away from the abuser.

Victims may receive up to $769.00 per month. In some circumstances, payments may
be made for up to three years. Abused spouses may also receive additional amounts if
they have children. Applications are made through the legal office, contact 247-2838.



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CIVILIAN INFORMATION:

If you are a civilian not affiliated with the Armed Forces and have suffered an injury
due to a military member’s actions; you are entitled to medical assistance at no cost.
This assistance includes but is not limited to the following: treatment for physical
injuries, psychological injury, and prescription medication needed due to injury
suffered, etc. Fairchild AFB will compensate you if you a true victim of crime. The
following is a list of telephone numbers you can use to obtain medical treatment in the
civilian community.

Emergency Medical Care: 911

Deaconess Medical Center: 458-7100 / 458-5800

Holy Family Medical Center: 482-2460

Poison Control Center: 1-800-572-0638

Alcohol and Drug Abuse Services: 458-7000

Child Abuse Hotline: 456-4451 (after hours): 911

Domestic Violence Project: 327-9534 (hotline): 1-800-562-6025

Community Mental Health Center: 838-4651

Sexual Assault Center: 624-7273

Casey Family Partners: 473-4810 (Children only)

SAFeT Response Center: 747-8224 – (Sexual Assault Victims)




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     PART III: MILITARY JUSTICE / COURT-MARTIAL
                       PROCESS

    The military justice system is designed to promote good order and discipline in the
Armed Forces. It provides a system for the just disposition of criminal offenders,
provides an accused a fair trial, prevents the commission of further crime, and
appropriately punishes and rehabilitate those persons who’s guilt has been proven
beyond a reasonable doubt. In order to accomplish these goals, your cooperation with
law enforcement and other military authorities is extremely important. There is the a
tendency for victims to want to withdraw from the criminal justice process, perhaps
because of fear, frustration, or simply the desire to get as far away from the incident as
possible. Should you share any of these similar feelings, it is certainly understandable.
If you experience any of these feelings, please discuss your concerns with the assigned
Trial Counsel.

              YOUR ROLE IN THE MILITARY JUSTICE SYSTEM

The following is a brief description of the court-martial process and your role in it as a
victim or witness. The trial counsel handling your case will provide you with more
detailed information and will be able to answer your questions at each stage of the
process.

Stages:

   1. The Crime – The entire process starts when a crime has been committed

           YOUR ROLE: Report the crime when it occurs!! Numerous agencies are
           available to assist you. The Air Force Office of Special Investigations (OSI)
           or civilian law enforcement will investigate. The hospitals, mental health,
           family advocacy, family support center, chaplains, military equal
           opportunity are also available to help.

           Pretrial Confinement – Upon request, an accused commander may place
           him/her in pre-trial confinement. There is no bail or bond procedure
           within the military. A hearing will be held, and if a determination is made
           that the accused is likely to flee or commit another serious offense, then the
           accused will be kept in confinement. Accused individuals are jailed on
           Fairchild Air Force Base.

           YOUR ROLE: Tell the investigators or trial counsel immediately if you
           know of anything indicating the accused will flee or if you fear further harm
           or violence by the accused. You will be informed of the accused release or
           non-release from pre-trial confinement.

   2. The Investigation – The investigation begins immediately after a crime has been
      committed. Generally, agents of the Security Forces or OSI will conduct the


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   investigation. If the crime occurred off base, civilian authorities usually take the
   lead role in the investigation with OSI or Security Forces closely monitoring the
   investigation.

       YOUR ROLE: Do your absolute best to cooperate fully and truthfully with
       all investigators. Each, whether military or civilian is trained in the
       particular type of case in which you are involved. Their questions are not
       intended to embarrass you but are designed to determine the critical facts in
       the case. Keep an open line of communication with the investigators
       through all stages of the process including trial and after trial.

3. Preferral of Charges – At this point a person, usually the accused’s commander,
   will formally read the charges against the person. This is the first step in going
   to trial. The accused at this time, may request to be allowed to resign from the
   Air Force rather than face court-martial. This decision is up to the Wing
   Commander aka the Base Commander.

       YOUR ROLE: You will be informed by trial counsel as to the date of
       preferral and nature of the charges against the accused. Additionally the
       defense counsel may submit an offer to resign from the Air Force rather
       than face a court-martial. The trial counsel will confer with you.

4. Article 32 Hearing – This occurs after the preferral and is similar to a grand
   jury investigation. Guilt or Innocence of the accused is not judged at this point.
   Here, a person known as an Investigation Officer will determine whether there
   is enough evidence to warrant a court-martial. The hearing is conducted much
   like a trial; you may be called in to testify.

       YOUR ROLE: You may have to appear and testify under oath regarding
       what you know about the crime. The trial counsel will already by this time
       spoken with you several times, and he/she will prepare you for questions
       during the court hearing. The defense counsel also has the right to question
       you both before and during the Article 32 Hearing. You as a victim or
       witness have the absolute right to have a VWAP representative sit with you
       during your interview with both trial and defense counsel. Please try to
       remain calm and truthful with all your responses. If you have any questions
       or concerns, bring them to the attention of the trial counsel as soon as
       possible. The Investigating Office will draft a written statement from your
       testimony and ask you to come in a few days later to review and sign it.


5. Referral of Charges by the Convening Authority – When a case is referred to a
   court-martial that means the convening authority has determined enough
   evidence exists to warrant a trial by court-martial. A convening authority is an
   Air Force Officer who has the authority to formally initiate a court martial. Two
   types of court-martials exist. General Court-Martial is held for the most serious
   crimes. A Special Court-Martial is held for less serious crimes. The difference


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   between the two types of courts is the degree of punishment that can be
   imposed if a person is found guilty of a crime.


       YOUR ROLE: Like preferral, your role is limited, but you will be
       informed by the trial counsel of what charges were referred to trial by court-
       martial, in the alternative which charges have been dismissed. You will also
       be informed of the trial date.

6. Court-Martial – THIS IS THE ACTUAL TRIAL. There are two parts. In the
   first part the members aka jurors determine the guilt or innocence of the
   accused. In The second part the members determines the punishment. The
   accused does have the right to be tried by judge alone. In that case the judge
   will determine guilt or innocence and the sentence.

       Guilt or Innocence Phase – If the accused pleads not guilty to any or all of
       the charges, then the trial counsel will attempt to prove guilt beyond a
       reasonable doubt. Trial counsel will do this by presenting evidence. This
       evidence may include the testimony or witnesses, victims, and documents.
       The defense counsel will have the same opportunity to show their evidence.

       YOUR ROLE: Whether you are a victim or witness, you will probably be
       called to testify. This means being available the day you are to testify.
       When you testify you will be placed under oath and asked questions by
       both the defense and prosecution. Most people are understandably
       apprehensive or afraid of the unknown at first. By the time you are called
       to testify, both the defense and trial counsels will have questioned you
       several times before. If you a re a civilian victim or witness of crime, the Air
       Force will compensate you for your appearing in court. You will receive
       $40.00 witness fee. If you are a resident in the local area, you will be
       compensated for any meals, miles traveled, and gas used. If you are an out
       of state resident, the Air Force will purchase an airline ticket for you to
       travel, pay for your hotel, and meals. You will be required to pay for these
       expenses up front and you will be reimbursed at a later time. You will be
       required to complete a travel voucher. Please save all receipt of purchases
       during your travel to Fairchild Air Force Base, Washington.

       Sentencing Phase – During this phase the member or the military judge will
       determine the proper amount of punishment. This procedure is similar to
       the guilt or innocence phase. The trial counsel may call witness to show
       aggravating factors concerning the crimes, such as the impact the offenses
       have had on the victim or on the Air Force. Also, trial counsel may call
       witnesses to characterize the accused’s performance with the military. The
       defense may call witnesses to lessen or mitigate punishment.

       YOUR ROLE: You may have to return to the witness stand and testify as
       to how the offenses have affected you; particularly if you are the victim.


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       Frequently, such testimony will have a great bearing upon the sentence the
       accused receives. Again, if you have any concerns, please discuss them fully
       with the trial counsel.

7. Imposition of punishment – The punishment can include reduction in grade,
   formal reprimand, fines, imprisonment, and discharge from the Air Force. If
   the punishment includes confinement, that will start immediately after the trial
   ends.

       YOUR ROLE: You will be presented with a DD Form 2704. This form is
       used to keep victim and witnesses informed of a confinee’s imprisonment.
       You will have to make the decision as to if you want to be informed of the
       confinee’s imprisonment.

8. Action by The Convening Authority – After the trial, the convening authority
   will review the results of the trial and any clemency petition submitted by the
   accused. A clemency petition is a request by the accused asking that the
   punishment be lessen for some reason. The convening authority may cancel a
   guilty verdict, may reduce a guilty verdict to a lesser offense, or lessen the
   punishment. Additionally, the convening authority may reduce or entirely
   dismiss any portion of the adjudged sentence, but he may not increase the
   sentence.

9. Appeal by the Accused – The accused may appeal the guilty verdict, the
   punishment, or both. The case is first appealed to the Air Force Court of
   Criminal Appeals. During the appeals process the accused will still be serving
   his/her sentence.

       AIR FORCE COURT OF CRIMINAL APPEALS – The first level of
       appeal within the Air Force. This court is composed of several active duty
       judges who will hear and decide appeals from trial court decisions.

       U.S. COURT OF APPEALS FOR THE ARMED FORCES – An accused
       may appeal a decision of the Air Force Court of Criminal Appeals to this
       court. It is comprised of five civilian judges. It is the highest level of appeal
       within the military. Decisions of the court are binding upon all services.
       Accused may appeal from this court to the United States Supreme Court.

       UNITED STATES SUPREME COURT – This is the next and highest
       level of appeal. All decision from this court is final.

       YOUR ROLE: Trial counsel or Victim and Witness liaison will keep you
       informed of all stages of the appeal if you wish.

10. Release from Confinement – Whether released by an appellate court, the
    convening authority, parole board, or at the natural termination of the period of



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           confinement, eventually the accused will be released unless a life sentence is
           imposed.

YOUR ROLE: Should the accused try to contact you by phone, letter, third person, or
any other manner while undergoing punishment, notify the VWAP liaison or the trial
counsel immediately. The content and purpose of the accused’s message could affect their
parole. Additionally, should you desire to know when the accused is released from
confinement and any other pertinent information about his/her release, e.g. his/her parole
officer’s name and address, the trial counsel can provide you with a point of contact.



                                  IN SUMMARY

The Victim and Witness Assistance program is here to help you. We work and represent
only the victims and witnesses of crime. We will ensure that you will be afforded all your
rights under Federal Law. We are your guides through the sometimes-confusing military
justice system. If you require assistance feel free to give us a call (247-5234).




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