United States v. Vela
2012 CAAF LEXIS 816
| C.A.A.F. | 2012Background
- Appellant was tried by general court-martial in Iraq for unpremeditated murder, false official statement, and placing a weapon with a body.
- The victim was Ghani Nasr Khudayyer AlJanabi, an Iraqi national killed by Appellant at a hide site with a rifle in proximity.
- Hensley allegedly placed the weapon on the body; Appellant allegedly aided or abetted by silence and corroborating the cover story.
- The government sought to prove Appellant aided and abetted via specific intent, knowledge, and conduct connected to the weapon placement.
- Immunity and Kastigar issues were raised regarding whether immunized testimony was used to prosecute Appellant; appeal addressed these Mapes factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Kastigar violation—was immunized testimony used to prosecute? | Vela argues immunity used to prosecute. | Government asserts no use of immunized testimony. | Military judge did not err; government proved independent sources. |
| Legal sufficiency of aiding/abetting—did Vela place the weapon? | Vela contends no knowledge or act; no duty to interfere. | Govt. argues Vela aided by setting stage and cover-up. | Conviction for placing weapon (Article 134) is legally sufficient under aiding/abetting theory. |
Key Cases Cited
- Kastigar v. United States, 406 U.S. 441 (U.S. 1972) (government must prove independent sources for immunized testimony)
- Mapes, 59 M.J. 60 (C.A.A.F. 2003) (Mapes factors govern Kastigar review)
- Morrissette, 70 M.J. 431 (C.A.A.F. 2012) (preponderance burden for independent sources; review standard)
- Gosselin, 62 M.J. 349 (C.A.A.F. 2006) (aiding and abetting requires affirmative participation or duty to act)
- Thompson, 50 M.J. 257 (C.A.A.F. 1999) (affirmative step required to prove aiding and abetting)
- Mitchell, 66 M.J. 176 (C.A.A.F. 2008) (duty to interfere can render silence liability)
- Pritchett, 31 M.J. 213 (C.M.A. 1990) (presence at scene as factor in aiding and abetting)
- Richards, 56 M.J. 282 (C.A.A.F. 2002) (intent to cause principal's consequence supports aiding and abetting in some cases)
- Shearer, 44 M.J. 330 (C.A.A.F. 1996) (cover-up context distinguishes from mere fleeing to aid conviction)