NORFOLK, Va. — A navy appeals court docket has ordered a brand new sentencing listening to for a U.S. Navy SEAL who bought 10 years in jail for his function within the hazing dying of a U.S. Army Inexperienced Beret whereas the boys served in Africa.
Prosecutors did not disclose {that a} U.S. Marine who testified in opposition to the SEAL — and who participated within the hazing — had requested for clemency in alternate for his testimony, the court docket dominated. The SEAL’s protection attorneys missed the possibility to query the Marine a few “potential motive to misrepresent occasions.”
The US Navy-Marine Corps Court docket of Prison Appeals revealed the ruling final week, practically two years after Tony DeDolph obtained his decade-long punishment.
DeDolph, a Wisconsin native, was a member of the elite SEAL Staff 6. He was one 4 American servicemembers — two SEALs and two Marines — who had been charged within the dying of Army Employees Sgt. Logan Melgar, a Texas native.
The hazing occurred in 2017 whereas the boys served in Mali. Charging paperwork don’t state why they had been there. However U.S. Special Forces had been in Africa to help and practice native troops of their battle in opposition to extremists.
The case supplied a quick window into how a few of America’s most elite servicemembers have addressed grievances outdoors the legislation.
DeDolph testified throughout his 2021 court-martial that the 4 males had been attempting to get again at Melgar and train him a lesson over perceived slights. Specifically, some had been upset that they missed a celebration on the French Embassy within the capital metropolis of Bamako as a result of Melgar and the others bought separated in visitors.
DeDolph stated they plotted an elaborate prank for Melgar often called as a “tape job.” That included binding Melgar with duct tape, making use of a choke maintain to quickly knock him out after which displaying Melgar a video of the incident someday later.
DeDolph stated his function within the prank was to trigger Melgar to quickly lose consciousness by putting him in a martial-arts-style chokehold. DeDolph stated the “rear bare choke” restricts blood move within the neck and is used within the navy.
“I successfully utilized the chokehold as I’ve completed quite a few instances in coaching,” DeDolph stated.
Melgar misplaced consciousness in about 10 seconds, however did not get up after the standard 30 seconds, DeDolph testified.
“Normally by that point, the person has gotten up,” DeDolph stated. “And he didn’t.”
DeDolph pleaded responsible to involuntary manslaughter and hazing, amongst different fees. A sentencing listening to adopted, throughout which one of many Marines testified on behalf of the federal government. The appeals court docket used a synonym to establish the Marine in its ruling.
The Marine’s function within the hazing included elevating the mosquito netting round Melgar’s mattress and binding his legs and arms with tape, the appeals court docket wrote. The Marine supplied an in depth account of the assault, together with the strategies that DeDolph used to render Melgar unconscious.
DeDolph’s attorneys knew that the Marine had already pleaded responsible to fees that included negligent murder and hazing, whereas agreeing to testify in opposition to DeDolph, the court docket wrote. However DeDolph’s attorneys had been unaware that the Marine was additionally requesting much less jail time, particularly two years as a substitute of the 4 he bought.
“The truth that (the Marine) sought further clemency … in alternate for his testimony is clearly info that tended to show (his) bias, and bore on his credibility,” the appeals court docket wrote. DeDolph’s attorneys had been denied the chance to look at the Marine’s potential bias and whether or not he had a “motive to magnify his testimony.”
The Marine’s sentence was later decreased from 4 years confinement to 3 years.
“(T)here’s a cheap chance that the result of the trial would have been affected by the disclosure of the clemency request,” the court docket wrote.
