I called and spoke with my son's attorney today. He had asked not to be contacted by family, but I said "To ..... with it, I'm calling anyway". Not that it did much good. The only thing concrete I found out is that the government has to go to trial within 120 days or 2 more months. From what I understood from him, there are still no actual charges filed against my son and I do not understand that. How can they hold him without charges filed? All I could do was let him know my feelings - that I feel helpless, blocked out by the military, when I first found out my son was having psychological issues and also my worst fear is that he will not get the help he needs. He did say that he may be calling me at a later date for information and all I can do is let him know that I am here to do whatever I can to help.

My son has been put on medications since this started and I can't help but wonder why this was not done before since he has been in counseling or therapy at least 5 years!

Praying for answers why all of this happened -
Pam:broken:

I am sorry that your sons attorney was not very helpful to you. All three of my husbands attorneys were great and were always letting us know to contact then day or night anytime we had a question. I am sorry that that is not the norm. My husband also was diagnosed when psychological issues upon his arrest and confinement. They charged him that day and added additional charges later but I can understand your frustration. The military is not civil law and they do not have to file charges in order to hold your son. It is sad but true and I am sorry for that. I felt so much frustration and anger during the 8 months that my husband was in pre-trial confinement and I am still feeling it now that he has been sentenced and found guilty of something that I feel was explained by his psychological issues. He has several and the court just ignored. Mental illness is not accepted very well in the military and it maybe a while before your son gets any help that he deserves or needs. All I can see is we had to write to our local congressman and enlist his help to get my husband to even get to see a therapist, however erratically he was there. All I can hope for is that my husband keeps his head on straight and holds on through clemency and appeals until we can get him out and the help he needs. Because the sad truth is that the army won't do it for him, they would rather just throw medication at it and call it good which is so far from wrong there are not words to form it.

Well I hope it helps to know that you are not the only one. Feel free to rant and rave. We are all in this together and we all need shoulders to cry on and people to rant at. That is what I am here and I especially will understand the frustration and anger that you will be experiencing as you wait for your son to go to trial. One good thing is that if they haven't charged him, they may not. The army tends to be pretty swift with things like that so you can always hope. Keep your chin up and be there for your son. He needs you like my husband needs me.

Erin

If you get the opportunity to talk to your son's attorney again, ask him if they are merely waiting for the charges to be referred. Unlike the civilian system where charges must be levied within a "reasonable" time, the military's procedure is for the charges to be recommended by a senior officer to a convening authority (usually highest in the military member's chain of command) who then refers them to an investigating officer, who in turn convenes an Article 32 hearing. When the attorney told you the government must go to trial in 120 days, are you sure he said "trial" or that they must charge him within 120 days? As a general rule, the military must follow the same rule as other jurisdictions (state and federal governments) and go to Trial in 270 days. The 120 days sounds more like the limit on how long they can hold him in PreTrial Detention before referring formal charges. You might check with the attorney to clear that up. I'm still confused about why he doesn't want to communicate with you. Anyway, I hope things become more clear for you and will be thinking good thoughts for you. Keep the faith!

~Lisa