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By means of Courtney Kube and Carol E. Lee
WASHINGTON — A Inexperienced Beret accused of murdering an unarmed Afghan guy desires fees dropped as a result of an investigator assigned to his case faces his personal fees of “stolen valor” – which means he allegedly claimed medals and different honors he did not earn.
In a memo filed through his legal professional Wednesday, Maj. Matt Golsteyn demanded his homicide case cross directly to trial or that the costs be brushed aside, waiving his proper to a initial listening to in army court docket.
A number of the causes Golsteyn’s legal professional, Phil Stackhouse, cites for waiving the “Article 32” initial listening to and soliciting for dismissal is that Military Sgt. 1st Magnificence Mark Delacruz, an Military Legal Investigation Command agent assigned to Golsteyn’s case, has been charged with 4 specs of “intent to mislead.” In step with the costs in opposition to Delacruz, he claimed he earned a Red Middle and falsely wore a Battle Motion Badge and different awards. The costs state “such behavior [is] of a nature to carry discredit upon the defense force.”
In his memo to the U.S. Military Particular Operations Command (USASOC), which is able to convene the army court docket for Golsteyn, Stackhouse alleges Delacruz “held himself out as a Particular Forces soldier, infantryman, sniper, and bragged about killing folks in fight.”
“Paradoxically, he is bragged about dropping his Particular Forces Tab for an alleged unhealthy shoot in fight,” which is identical allegation made in opposition to Golsteyn, Stackhouse writes.
In a observation, Legal Investigation Command (CID) showed that Delacruz, a distinct agent assigned to the Fortress Bragg CID Place of business, were charged with “the unauthorized put on” of 4 awards and falsifying promotion information. “He has been suspended from responsibility because the allegations got here to gentle in past due 2018,” mentioned the observation.
The White Space and the USASOC didn’t reply to requests for remark.
Golsteyn is accused of fatally capturing an Afghan guy, who he suspected used to be a bombmaker, on Feb. 22, 2010, in Marjah, Afghanistan. He used to be charged through the U.S. army with premeditated homicide in December 2018.
His case drew the eye of President Donald Trump, who wrote on Twitter in December that he would assessment Golsteyn’s case. He additionally referred to Golsteyn as a “U.S. army hero.”
On the similar time a spokesperson for U.S. Military Particular Operations Command mentioned “Golsteyn’s speedy commander has made up our minds that enough proof exists to warrant” the price in opposition to him.
The Afghan guy Golsteyn is accused of killing were taken into custody over suspicions that he used to be accountable for planting explosives that killed two Marines, in line with army paperwork. The paperwork say the person used to be in the end launched, however he used to be killed someday later on.
Remaining month Golsteyn requested the Military brush aside his case, alleging in a letter that the army justice device had manipulated proof in opposition to him and engaged in “questionable behavior.”
A spokesman for U.S. Particular Operations Command, Lt. Col. Loren Bymer, mentioned on the time that Golsteyn’s request used to be below assessment and “till additional understand the Article 32 initial listening to continues to be scheduled for March 14, 2019, at Fortress Bragg, N.C.”
Golsteyn’s January request for dismissal of his case centered at the means investigators used the account of his movements he supplied throughout a CIA polygraph check when he used to be making use of for a role with the undercover agent company in 2011.
His disclosure throughout the polygraph of his capturing the Afghan guy brought about the Military Legal Investigation Command (CID) to release an investigation into Golsteyn in past due 2011.
In April 2014, Golsteyn won an professional reprimand for his movements, however no formal fees had been filed on the time because of a loss of bodily proof, army officers mentioned. In 2016, Golsteyn gave the impression on FOX Information and admitted to killing the Afghan guy. The interview introduced new consideration to his case.