Cmdr. Bryce Benson was in charge of the Fitzgerald when it collided with a merchant vessel last June, killing seven sailors. (Navy)
How the court-martial against the Fitz’s former CO was thrown into disarray this week
By: Geoff Ziezulewicz
Once again those who should know better taint a prosecution with a failure to remain neutral. A military judge has disqualified Navy Adm. Frank Caldwell from serving as the convening authority in Benson’s case, effectively pausing the legal action against him and raising the possibility that the charges could be dismissed.
The court-martial of the former skipper of the guided-missile destroyer Fitzgerald was tossed into disarray Tuesday when a military judge ruled that the admiral who brought charges against Cmdr. Bryce Benson failed to remain neutral in his case.
For now, the decision scraps charges brought against Benson last year because the four-star disqualified himself as a convening authority with his “improper referral,” judge Capt Jonathan T. Stephens wrote in his opinion.
“The Navy is reviewing the court’s ruling and assessing legal options,” service spokesman Lt. Cmdr. Daniel Day said in an email to Navy Times. “All future action will be in the best interest of justice.”
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Henderson continues to call on the Navy to boot the two charges against Benson — dereliction in the performance of duties through negligence resulting in death and improper hazarding of a vessel — because of public comments uttered by Navy leaders that he argues have scuttled any chance for the Fitz’s ex-CO to get a fair trial.
Read the entire article here: Navy Times
Tip of the old chapeau to thebesig for the link.
Open mouth insert foot.
The other problem? The civilian ship that hit them had to settle for responsibility and damages. Don’t get me wrong, rules of the sea be damned. You need to pay attention when responsible for lives.
Well we’ve all seen FUBARs and SNAFUs, but damned if this ain’t turning into a real deep shit show. I’m sure the Swabbies in the crowd have kept up a little better than the rest of us on this cluster. Seems like the Navy can’t do anything right on this case.
Got to wonder if the UCI might have been sorta intentional, knowing that the case may be thrown out and the CPT allowed to be retired. But then again, no Naval higher would purposely do something questionable to cover the ass of a subordinate, would he?
That’s what I’m wondering, whether the admiral sabotaged the whole thing in order to a solid having to answer some uncomfortable questions down the road.
Avoid.
God, I hate this fucking iphone sometimes.
Use the settings to turn off autocorrect.
Not the Navy’s finest hour by any measure, but I doubt the four-star was looking scuttle the proceedings. He just wanted it to go his way.
A four star expecting something to go his way. I am shocked, shocked I say that such a thought would pass your lips. Shocked!
Than again, “for the good of the service” could include not having a public trail and all of those nasty truths become public. Easier just to retire him.
Yeah, I’m expecting the black helos any minute now for my sacrilege.
Is this guy an Annapolis graduate? West Point doesn’t have the only Protective Association out there, I’m pretty sure.
Yes. They are all part Ring Knockers Inc.
Frank Caldwell is an honorable man and Naval Officer. I served with him 20 years ago.
It is good to have a personal note inputted. I don’t know anyone in the case, and my comments were more of a question nature v knowledge of the case. Seems as if there is plenty of blame to go around, and it is a damn shame that these sailors had to die needlessly due to a bunch of other peoples’ errors. IIRC none of the killed sailors were on duty when the collision happened.
I personally would lay most of the total blame at the feet of the person(s) that cut the fleet/personnel to a level below what the ops tempo required. You can only go port and starboard for so long with limited training/maintenance/people for so long. Mrs. Karma is a cast iron bitch with titanium teeth and she will bite you on the ass.
Again,…God’s Peace be unto those Sailors and their Families. They did not have to die that way, that night.
Tainted investigations seem to be all the rage of late.
Doubt it was intentional. He was XO on Buffalo (right after I left) and the folks I knew who served with him swear by him.