Thank you!
Aug 05
Sentencing
Colonel
Sentencing
The feeling I was getting about the sentencing phase of the court-martial, wasn’t a good one.
Colonel Grainger was a Vietnam era soldier with a reputation for being one of the tougher judges at Fort Polk. He was in his office deciding my future.
There was nothing else that I could say or do on my own.
I knew that when he came out that I would be told that prison was my destination. I just didn’t know for how long.
I’m pretty sure I said one of those prayers like, “God, please let him go easy on me.” Seemed like a good time for that.
The amount of time he took to make his sentencing decision was exactly thirty-seven minutes. Pretty quick for a serious decision like this. However it was one of the longest waiting periods of my life.
Colonel Grainger: “Court will come to order.”
A statement was made about everyone being present.
Colonel Grainger: “Before I announce the sentence there’s a couple of things that I think need to be said. First, this is probably one of the most aggravated drug cases the court has seen in recent times because of the number and types of drugs sold, the number of occasions and to the widespreadness of the distribution. Had it not been for the accused’s cooperation with the CID, this court would sentence this accused to a period of confinement close to what the government asked for.
The court believes that the accused has attempted to make the curve and make the turn toward becoming a rehabilitated member of society. And because he’s made that turn, I think it’s necessary to give him substantial credit for that. He didn’t have to do that. He could have sat back and not cooperated with the police and not done that. So the court is going to give him a lot of credit for it. And bear in mind, this is an aggravated case indeed and your prior crimes can’t go unanswered.
Counsel and accused, please rise.”
Captain Jokinen and I, stood before the military judge to receive sentencing.
I was nervous, and I’m sure I prayed one of these “God if you get me out of this” prayers.
Colonel Grainger: “Private David C. Mike, it is my duty as military judge to sentence you:
To be reduced to the grade of Private E-1, to forfeit all pay and allowances, to be confined for five years, and to be discharged from the service with a dishonorable discharge.”
The rest of the discussion about appeals and post-trial rights were a blur.
Colonel Grainger asked if I had any questions. I said, “No, Your Honor.”
I was credited thirty-seven days of pretrial confinement towards my five year sentence and then the court-martial was adjourned.
Outside the court room a few people were waiting to hear the results. Jane came for moral support. Eddie was there because if I changed my plea to not guilty, he would have been called to the stand as a witness for the prosecution. My two fellow platoon members and of course my dad. SFC Smith and Special Agent Thundercloud had already left.
In my immature bravado, I mentioned how 5 years was going to be a piece of cake. You know, “I can do this!”
My dad held up pretty well. I would not see him again for a few years. Even though all of this was going on, I knew that he still loved me. He even said it out loud in the trial.
I said my goodbyes to everyone except Eddie. I knew I would see him again very soon since I would be a witness in his court-martial.
As I got into the car that would be taking me back to the Vernon Parish Jail, the thoughts started to break through the numbness.
Five years….
I didn’t expect that.
It was more time than any of the other dealers got in the past. I was hoping for between three and four years. This would have meant that I would have gone to Fort Riley, Kansas.
They had a detention facility there that was more like a military training environment. It was much less intense and where you wanted to be if you had to do time.
A five year sentence was insurance that I would be shipped to the United States Disciplinary Barracks, Fort Leavenworth, Kansas.
Meanwhile, my dad returned to his hotel and walked into the elevator. As the doors closed shut, he let go of the strength he had been holding on to and wept.
God answered my prayer that day. Even though I didn’t think he did.
If “the wages of sin is death” (Romans 2:23a), then Colonel Grainger did go easy on me.
I may not have gotten what I deserved, but I did get what I needed.
God knew exactly how much time was necessary to spend in prison for Him to get my attention.
Article From Army Newspaper
Jul 29
Defense Closing Arguments
Captain
Defense Closing Arguments
I did not envy the position of my defense attorney.
After the prosecution’s argument, he had an uphill battle.
Trying to make me look redeemable would be a serious challenge.
There was nothing he could say in my defense, that would take away the fact that I had dug a pretty deep hole for myself.
It seems as if pity would be the only bargaining chip we would have to work with.
Judge Colonel Grainger: “Defense you may proceed”
Captain Jokinen: “Yes, Your Honor. We’re not going to offer you a fish story today, sir, because there’s very little humor involved in this case. We’ve got Private David Mike sitting there who, by his own testimony and his father’s, held a lot of promise. Instead of cracking eggs and frying them in pans on TV and saying ‘This is what drugs do to you,’ perhaps we should show before and after pictures of David Mike.
Because that’s why he’s here today.
The good thing about David Mike is that we know that he was at one time a good person. It’s clear he had a solid upbringing and a good value system. When he was initially at Fort Polk he was solid. He was not a substance abuser of any type. And then in a momentary lapse of reason he turned to drugs.
Now he probably had a lot of legitimate friends floating around that he could have associated with himself. But instead, he was introduced to the drug ecstasy which produced a bunch of chemical friends for him. Total strangers suddenly appear to be very concerned about you. Everybody is your friend. There are no problems anymore. The feeling was what he needed at that point in time. He got it through drugs. Not the right source but he got it nonetheless. And once he started with that feeling, he wanted to continue it. It led him down the road to where he stands today.
As Mr. Thundercloud pointed out, he was a problem. Private Mike has detailed for you today, he knows he was a problem. He’s freely admitted that he can’t even recall every time he handled drugs; in part, the number, and in part he was medicated the whole time he was gone. He was medicated while he was here at Fort Polk.
The testimony of Sergeant First Class Trey Smith talks about a soldier, who shows up pale, falls asleep at duty. This wasn’t a guy concerned about the Army anymore; he was concerned about keeping the high going.
The evidence has also shown that throughout this he always maintained contact with his family. And that contact is, we would offer, a rope. Because in the war on drugs Private Mike could have been an MIA and he could have been a KIA. It was that rope to his family that finally pulled him back. They kept talking to him and they wanted to find out what was going on. They maintained that contact despite the fact it was putting them personally through hell. The dropped phone receiver… Was he in danger? Did that mean somebody killed him? What happened?
Private Mike is back to us now, albeit he was apprehended, but he is back. And what we know about Private Mike is that if you brush him off — and it’s going to take some time to do that. It’s going to take some time to get back to the Private Mike that lived in Zweibruecken, Germany with his family. There’s a good person there.
Private Mike, by his own admissions, has got a drug problem and he does need help. It wouldn’t be fair to him if it was even considered to release him, simply because he’s not over it. He developed over a short period of time a strong chemical dependency. And it’s going to take a period of deprivation, as well as counseling and psychiatric intervention, to get him back. And for that reason we would concur that confinement is appropriate in this case, Your Honor.
Now as far as his assistance to CID, clearly if Private Mike would have done things up front he wouldn’t be here today probably. But he didn’t because he was happy with his chemically induced friends. Everybody’s your buddy; they all come up to you — kinda like you’re the candy man and everybody is going to play up to you; you’re their friend. And he was scared and he took off. But he’s now back. And once he came back he did do things for them.
And you heard Mr. Thundercloud testify that as far as cooperation; he’s unrivaled. He did and told everything that he could. Productivity? He did pretty well. He’s not the best here at Fort Polk but he went beyond most everybody else. He gave names. He went out there, he made the introductions. He took two people in the tier out of the system. Unfortunately, they’ll probably be replaced. But for the time being they’re gone.
In evaluating Private Mike, sir, we ask you to concentrate on three factors.
First, his candor. He plead guilty to diverse occasions. He told you about diverse situations. There was no holding back. The only restraint was perhaps his ability to clearly recall. And that’s about it.
Two, when you look back in time you see a Private Mike that was a productive citizen and had potential. You have a foundation — the correctional process has a foundation upon which to build up a productive citizen again. Many times the people who pass through here don’t have any foundation. There’s nothing to work with. This young man has a lot to work with. It’s going to take some time to get back there.
And third, the fact that he did, in his own way, try to balance the books by helping CID. Did he do it? No. But he made a valiant effort. He provided them with information that helped them, not only off post but on post. Due to his efforts they came up with a case on a commissioned officer who was using and distributing drugs.
With that in mind, Your Honor, defense would submit that an appropriate sentence in this case would be confinement for a period of forty-two months, a bad conduct discharge, in the sense that his efforts with CID were mitigating factors. As far as reduction in rank and forfeiture, the soldier needs no money. He’s going to be in a place where he’s taken care of, where he’s reshaped, where they get back down to the foundation to make him a productive member of society again.
As for a fine, Your Honor, we would argue against a fine. The only way you would get the profits that were realized by Private David Mike would be if you could squeeze the burned synapse of his mind and get whatever is left from the drugs that caused that condition to happen.
Thank you very much, Your Honor.”
Judge Grainger said “The court is closed.” and then left the court-room to go decide my fate.
I wasn’t sure how the Judge was going to interpret all of the things that were said about me.
Everything was all out on the table and out of my hands at this time.
Next post, Colonel Grainger announces my sentence…
Jul 22
Prosecution Closing Arguments
Prosecution
Prosecution Closing Arguments
Two statements.
The last arguments by the prosecution and the defense lawyers.
One trying to punish me the other trying to keep me from being slammed with what I rightly deserved.
Both trying to convince the Judge to see things their way.
Two speeches, one decision.
After I talked it was time for the closing arguments.
Judge Colonel Grainger: “Gentlemen, are you ready for arguments?”
Prosecution: “Yes, Your Honor.”
“May it please the court, Your Honor, once again the court is at the point in the trial where it is now your responsibility to weigh all the factors and make the decision on what sentence is appropriate for this particular individual. The government would request that you remember three things when you go into your office to make those deliberations.
The first thing, remember the man here. Remember the man that’s on trial.
This is an individual who had a fantastic family. It would be great for everyone to say that they had a father that would fly half way around the world to be here by our side at a time like this. Statements from his father, and himself indicated that he had a fine upbringing. He had unlimited opportunities in the Army. He came into the service as a Private First Class and he threw it all away.
The question in the government’s mind, Your Honor, is why did he not turn to his family who loves him so much; who, it’s obvious, loves him so much? If he had problems, it would seem that his father and his family is the first place he should turn.
If not his family, then what about the Army that has been so good to him, that has taken him in and trained him, given him a home?
Instead of turning to either his family or his adoptive family, the Army, he turned to drugs. And, in addition to drugs, he turned to money.
That leads to the second point, Your Honor.
Another thing about this man that the government would like you to consider, Your Honor, is the defense that this is an individual who got scared. That’s why he went AWOL. It’s an individual who was scared of the punishment that was coming, rightly so, and instead of appearing here at trial, he went AWOL again.
But, Your Honor, it’s the government’s contention that this is not a scared little kid. This is a tough individual, someone who got involved in what was a very scary and very tough business. And that business — the second point that the government would like you to recall when you go to deliberation — is the business of selling drugs.
This soldier became the middle man. He would drive to Houston, buy drugs, and then would return to sell them in the Fort Polk area — sell them to soldiers — sell them to his fellow soldiers. First he gave them away and then later on, when he had a market, he started to sell the drugs.
And this is not some penny ante pusher. This is a dealer in quantity. If you’ll read the statement from PFC Eddie Gaines, just their association alone resulted in the selling of fourteen hundred hits of LSD in this area in a four to five month period. That’s approximately three hundred units a month of LSD being sold in this area.
The accused himself indicated that every weekend, from August through October, he was in the club in Alexandria selling drugs. And according to Mr. Thundercloud, their information was that he was going through a hundred to a hundred and fifty units every weekend. And what was his profit? He indicated that he was buying these units of LSD for a dollar a piece and selling them for as much as five or six dollars a piece.
This is not someone who didn’t have any idea what he was doing. This is not someone who was selling an unknown. He had taken MDMA; he had taken ecstasy. He knew what LSD did. What do they call it on the street? They call it acid. He was selling acid to his friends and to total strangers — people he didn’t know.
Now Mr. Thundercloud appeared on the stand and indicated that this individual had helped him — or had helped the government in cracking down on drug dealers. But it’s the government’s contention, Your Honor, that this was just another bargain in this businessman’s repertoire. He knew he was in trouble; he had already run from trial once because he was afraid of the punishment he was going to get, and he made a bargain with Mr. Thundercloud in order to get a less severe punishment.
And that leads me to the third point that I would like you to — that the government would like you to remember, Your Honor. And that’s what were here for. What are we trying to accomplish today; what is this court-martial for? In the first place, the government contends that we are here — this court-martial is going to punish the accused, who had committed wrongdoings, not only the AWOL, skipping out on his responsibilities, but more importantly, the use, abuse, and distribution of very harmful drugs in the Fort Polk area and also over in Houston.
But the government also thinks that this court-martial should do justice to the accused. He stated that he wants to be rehabilitated; he stated that he’s ready to come forward now and take his punishment, take the rehabilitation, and then get back to a normal life. The government suggests that he can get very good rehabilitation in a confinement facility in the detention barracks, Fort Leavenworth.
And finally, the government requests that there be a substantial sentence in this case to deter other criminals in this area. By putting David Mike into jail, we will not end the drug problem. The only thing we can do is send out a message to others like him that are selling drugs on this post and in this area. Therefore, the government requests a substantial sentence in this case.
The government feels appropriate would be a sentence of eight years — confinement of eight years — a dishonorable discharge, total forfeiture of all pay and allowances, and substantial fine. It’s the government’s contention that this individual was unlawfully enriched by his drug dealings; that it may not have been the most lucrative business because he was also taking drugs. But even if you take his suggestion for every one hundred dollars he spent he was making a hundred and fifty to two hundred dollars straight profit. So the government would request a substantial fine.
Thank you, Your Honor.”
Eight years…..?
I lost my six year pretrial agreement for going AWOL and missing my court-martial.
This lawyer really had a legitimate argument and I was in some serious trouble.
I basically was at the mercy of the Judge. I had no protection, no safety net and I was standing on a wire.
My fate, my future, everything I had left, which was only time, rested in the next statement Captain Jokinen was going to make and how it was going to affect Colonel Grainger’s decision….
Next post, Captain Jokinen gives his closing argument.
Jul 15
My Turn To Talk To The Judge
PFC Mike
My Turn To Talk To The Judge
It was my turn to talk to the Judge again.
My lawyer was trying to use what I had to say, to paint a picture for Colonel Grainger.
A picture of a broken, messed up addict.
A kid who came from a good home, but fell off the straight and narrow path.
A person who was remorseful for his stupid actions, and willing to accept punishment for his crimes.
I don’t know if what you are about to read, helped or hurt the Judge’s decision in sentencing.
I just look at it and think how pathetic I must have sounded to everyone.
Captain Jokinen told the the Judge that I would be making an unsworn statement from the counsel’s table.
I was asked about what it was like growing up in my parent’s house.
I reiterated things that my father had said during his testimony. “We had a good relationship, I went to church all the time with my family and I would do everything I could to be a better person.”
Jokinen: “Do you fault your family in any way for the trouble you got yourself in?”
Me: “No, I don’t, sir.”
Jokinen: “They’re not to blame?”
Me: “No, sir, not at all.”
My lawyer asked me about why I started going from Fort Polk to Alexandria.
I told him that I attended high school in that town and so I was driving there to reconnect with some old friends.
I started going to the night clubs with some fellow soldiers and so between the two I was surrounded by familiar faces.
Jokinen asked how I was introduced to drugs. “A friend of a friend gave me some X for free and so I tried it.”
Jokinen: “What was the effect of the first tablet?”
Me: “It was total ecstasy, that’s why they call it ecstasy. It’s — you think — okay, well I’m sure you — you think everybody likes you and you just — everybody loves each other and it’s — it’s really good.”
Jokinen: “Once you tried ecstasy why did you continue?”
Me: “I liked it, sir. And the more and more I took, I started becoming addicted to it, sir.”
Jokinen: “Your addiction led to your distribution?”
Me: “Yes, sir.”
Jokinen: “Could you describe your personal use during this period of time? Did it change at all?”
Me: “The more I could get the more I took, sir. Near the end I was taking three or four pills of ecstasy a day sometimes. And if I had it, I’d take two or three hits of LSD a day every day, sir.”
Jokinen: “Did your drug use change at all while you were on an AWOL status?”
Me: “It got more and more — it increased. I didn’t have any job to go to so I was high every day almost.”
Jokinen: “You were self-medicating?”
Me: “Yes, sir.”
Jokinen: “Did you ever try to stop and say, ‘this is getting out of control?'”
Me: “I tried to one time — I can’t remember what month it was — I said, ‘I need to quit, you know, this is ridiculous.’ And I stopped taking ecstasy, which I am addicted to. But it got — I was suffering withdrawals and I tried to — I took some LSD instead and I started getting high again and then I just started taking ecstasy again.”
Jokinen: “Now in you drug business, how were you handling stuff? I mean you’d buy so many tablets or so many hits of LSD. How would you distribute that stuff?”
Me: “I’d have it all on me and I’d carry it into the club with me. If somebody would come up to me at one, I’d give it to them for whatever the price was.”
Jokinen: Let’s say you by a hundred hits of LSD. How much would actually make it into commerce — you know — distribution?”
Me: “Maybe fifty hits, sir”
Jokinen: “What would happen to the rest of the stuff?”
Me: “I’d eat maybe twenty-five percent of it, sir, over the time it would take for me to sell it.”
Jokinen: “So far you have been able to recall some specific events. But there was a lot of fog there. Are there periods during the time you were AWOL you were just so medicated you don’t recall anything?”
Me: “Yes, sir, several times — several weeks.”
Jokinen: “Did you ever have any bad experiences — I mean did you ever contemplate ‘This is it. I can’t take it anymore.’ — killing yourself?”
Me: “Oh, I contemplated suicide often — maybe every two weeks. I just couldn’t handle it any more for a while, sir.”
Jokinen: “Do you still have a drug problem?”
Me: “Yes, sir.”
Jokinen: “Now I imagine in a few minutes the government is going to make an argument that you’ve got quite a lucrative business you’re running here. What do you have to show for everything you did during this period of time?”
Me: “Bad memories, sir. I have nothing — no money, sir.”
Jokinen: “Why did you choose to remain in contact with your family?”
Me: ” I didn’t want them to worry about me. I wanted to make sure they knew I was okay, that I was still alive.”
Jokinen: “Did you know that you were putting your family through living hell while you were AWOL?”
Me: “Yes, sir.”
Jokinen: “How do you think you made your father feel — you know — who obviously has done very well in the Air Force, to be requested to come to his own son’s court-martial, with that message floating down through command channels?”
Me: “Very disappointed — I’m sure he’s very disappointed with me but — and maybe in his job I’m sure it was an embarrassment for him.”
Jokinen: “Is there anything else that you wish to tell the Judge?”
Me: “I have a statement that I — I wrote this down in jail. I’d like to read it to you.”
Judge Colonel Grainger: “Okay.”
Me: “I realize the charges against me are serious and I know that I’m guilty of these crimes. I have a drug problem, a problem that has changed me into a person I’m ashamed of. My addiction took away my better judgment to control my life. I have disgraced myself, my family, the United States Army, and God. I only wish I could go back and change the things I’ve done. I know that’s impossible so I’m ready to accept my punishment and move on to becoming a rehabilitated member of society. I have nothing but time ahead of me to start over, change my ways and regain the respect that I’ve lost.”
As I read this , I shake my head at my own self.
How did it ever get to this?
Why did I make these decisions?
Who was this person?
I am so very thankful for a God who says, “Stop running, come home, you are forgiven”
Even after all that I have done…
Addiction, shame, disgrace…
God doesn’t see it…
Romans 5:1
Therefore, since we have been made right in God’s sight by faith, we have peace with God because of what Jesus Christ our Lord has done for us. (NLT)
Next post, the final statements from the prosecution and the defense.
Jul 08
Special Agent Takes The Stand
Oath
Special Agent Takes The Stand
Because I decided to cooperate with the Criminal Investigation Division Drug Suppression Team, Special Agent Thundercloud said he would help me out.
I wasn’t sure to what degree he meant, but he showed up and was called as a defense witness.
He was on my side.
His testimony would be very valuable to my defense. He could convince the court that I was ready for rehabilitation because of my participation with his team.
I had trusted him and he was holding up his end of the bargain.
I realize that this relationship was transactional. He essentially was using me to take down other dealers, but there was something in him that I trusted.
I believe he liked me as a person and wanted to see me do well for myself. I was definitely glad to see him on the stand in my defense instead of working with the prosecution.
Special Agent Thundercloud was sworn in and took the stand.
My lawyer began by asking him about how he first met me.
He talked about the first time I was arrested for possession of MDMA.
He had presented me with the possibility of helping with my situation if I cooperated with his team. At that time I was not interested.
Shortly after that I absented myself. It wasn’t until my arrest at club Late Nite, that we had contact again.
That evening I told him I did not want to assist him but wanted to talk to a lawyer. The next day, I changed my mind and told him that I would work with him, even before I talked with a lawyer.
Thundercloud was asked to tell the judge about the results of my cooperating with CID and the government.
Thundercloud said, “As a result of Private Mike cooperating with the CID office and the government, he physically assisted us by taking undercover agents to know civilian drug traffickers — major drug trafficker — for the purpose of the drug traffickers selling drugs to undercover agents. We did that with two individuals. They were arrested by the local authorities that had jurisdiction and we seized approximately nine thousand dollars worth of drugs. He was then instrumental in providing information that led to the initiation of another case in which three soldiers have been titled, to include one of those soldiers being a Captain involved in drug use and distribution.”
He said that I was the driving force in giving him the information to start the investigation. Also, based on my friendship, I was able to get two witnesses to come forward who had witnessed Captain Tessler using and distributing drugs.
He did not mention that the two witnesses were the other two soldiers that were titled in the case.
He didn’t mention that I was the dealer that the three soldiers were getting the drugs from.
He did not mention that Jane was the second civilian dealer and that I had nothing to do with that arrest other than it was our drugs she was caught with.
I noticed that he crafted this statement in a way as to make me look better than I was. He actually was trying to help me.
Captain Jokinen asked Thundercloud, “In the course of your running the DST here on Fort Polk, how would you compare the efforts of Private Mike to the other informants that have worked for you? On a scale and in comparison with the others, where would he rank?”
He answered, “On a scale of one to ten, if you combine his cooperativeness, it was the best. He cooperated to the fullest that I would have any informant cooperate. And his productivity, as a result of his cooperation — when you combine those two together, I would give him an eight to and eight and a half out of the ten. As far as the informants here at Fort Polk, he would be the second best. There’s been only one better.”
Thundercloud mentioned that I provided the DST a lot of raw information that they stored in their criminal drug base.
Some names of people that they knew and some they weren’t aware of.
He also told them that I stopped a false claim against the government for some lost personal property by one of the drug trafficking soldiers.
Jokinen: “Now in all honesty, the evidence portrays that for a period of time Private Mike was a major thorn in your side with all the dope.”
Thundercloud: “Yes, sir, he was a major problem.”
Jokinen: “Would that lead to the conclusion then that the civilians he provided up, were even more major sores for you?”
Thundercloud: “He was a major problem and the two civilians that he took us to were his sources. So you would have to say that they were a bigger problem than him because they were his suppliers. And he had given us information that they were supplying other people as well. So they were major.”
Cross Examination.
The Prosecuting Attorney asked about Thundercloud’s involvement in law enforcement.
He said that in the eleven years of law enforcement, eight of them were in drug investigations and that he was the DST chief at Fort Polk.
The lawyer asked Thundercloud to explain what major dealer meant. “How would you characterize the accused’s dealings; what was the magnitude?”
Thundercloud: “On a given weekend, Private Mike would probably go through approximately a hundred to a hundred and fifty tablets.”
The prosecution asked what I was being arrested for on October 28th.
He told them that I was AWOL on deserter status. An informant relayed that on that date, I would be there for sure. So they came up there to get me.
Prosecution: “Did his apprehension have anything to do with drug dealings?”
Thundercloud: “We didn’t have anything to apprehend him for specifically dealing with drugs at that time. We heard of his drug dealings and the fact that he was selling drugs to soldiers and civilians in various clubs. So, to say we went up there for the sole purpose of being a deserter, no. I went up there to pick him up for being a deserter and, hopefully, to stop him from distributing any more drugs.”
The prosecution started to ask about the nature of drug dealers. Were they the type of people you would want to meet on the street?
He responded saying, “It is a pretty tough business. However, the people in the lower echelon tend to be nice people to be around with the exception that they sell drugs. It’s a big market and so there is a lot of jockeying for positions. The higher you get, it can get mean, as far as who has what and whose doing what.”
Prosecution: “What about the individuals that the accused was dealing with?”
Thundercloud: “Most of the individuals that Private Mike was dealing with were not mean. They were passive and not very aggressive.”
Prosecution: “What about the nature of the business itself, is it pleasant and fun? Are there risks that you’re taking, dealing in illicit drugs, is it scary?
Thundercloud: “The risks you’re taking are scary, yes, sir, I would say so.”
Prosecution: “That is all I have”
It seemed as if the Prosecuting Attorney was trying to make Thundercloud say something that would make the Judge see me as a lost cause and a dangerous individual.
Most of what he was saying was correct, but Thundercloud really stuck up for me as much as he could without discrediting himself.
Captain Jokinen had a few more questions.
He asked if I was high the night I was arrested.
Thundercloud said that, “Yes, sir, he appeared to be on some type of drugs.”
Jokinen asked about my second AWOL in which I missed my court-martial.
Thundercloud said that he knew someone that could get a hold of me and I called him within thirty-five minutes. He told me to come back and get it over with so I could get back on with my life. I told him I would and showed up the next day in uniform.
Jokinen: “Why would he call you?”
Thundercloud: “I believe he trusted me. I told him I would talk in his behalf and do everything I could to help him, if he cooperated with the government. He believed that I would do that.”
Jokinen: “Was he scared when he called.”
Thundercloud: “He was scared. He’s just a young kid that was afraid everybody was abandoning him and no one would help him. The pretrial agreement he originally had was for a considerable amount of time. It all piled up on him and he was scared. Unfortunately, at that time I was on temporary assignment and he couldn’t talk to me. I feel he just — like any young kid would do — he just ran.
Jokinen: “Thank you Mr. Thundercloud. Nothing further.”
I knew what I did was wrong and that I was deserving of whatever punishment was headed my way.
Special Agent Thundercloud took an interest in me and I am not sure why. Even though he was telling the truth in his testimony, there was some embellishment and I knew it.
Being an informant was a benefit to him and the Army, but he was sincerely trying to keep me from going away for a very long time.
I am glad that he was kind to me because a maximum of 36 years was on the plate.
I would still be there today if I was sentenced to the full extent of the charges.
Next post, I take the stand.
Jul 01
My Father Takes The Witness Stand
My Father
My Father Takes The Witness Stand.
The reason I wanted my dad at the trial was because he was really my best chance.
A chance at letting the court get to know the man behind the mess I had created for myself.
I thought he would be able to let the people deciding my fate, know that I had turned a very sharp corner in my life.
That this person on trial was not the real me.
My dad raised me differently than this.
He might be able to share enough, so that they could look past the crimes and see a real person.
My father entered the courtroom, was sworn in and took the witness stand.
He looked quite a bit different than everyone else wearing his Class A uniform.
It was Air Force blue with bright white Master Sergeant stripes sewn on it. Everyone else in the courtroom was wearing Army green.
Master Sergeant
Captain Jokinen started with his questioning, “Master Sergeant Mike, you are the father of the accused in this case?”
He answered, “Yes, I am.”
As with all the other witness he was asked to talk about his military experience.
He had been in for twenty years and so he had quite a few things to say about the places he had been and the things he had done.
He was asked about our family.
My dad told my lawyer that he was married and that I was the oldest of four siblings.
My brother Darren was stationed in Germany, also serving in the Air Force.
My sister Dana was in high school and my youngest brother Daniel was in seventh grade.
The family atmosphere was pretty good, and we were a fairly tight knit group. We had a Baptist background and through that my dad tried to instill Christian virtues in all of us.
Of course there were times of sibling rivalry, because no one is perfect.
We got along fairly well and my dad said that I tended to be the stabilizing influence.
When he had to go away on temporary assignments, I would take over the father role and try to keep peace in the family when things needed to be worked out between the children.
Captain Jokinen asked about my performance in high school.
My dad said that I was a pretty good student and that my grades ranged by my interest in the subjects I took.
I never had any disciplinary problems.
Teachers always liked me and I got along fairly well with just about everyone.
He was asked to talk about my involvement in the JROTC program.
He said that when living in Louisiana I was in a Marine Corps JROTC unit where I was a platoon sergeant and was promoted to Cadet Second Lieutenant when I became the Drill Team Commander.
In Germany, they had an Air Force unit in which I had several positions that also included Drill Team Commander.
I was promoted to Cadet Major and was given the award of Outstanding Cadet of the Year.
Jokinen asked about my religious or church involvement.
He mentioned that I had attended some Christian schools over the years.
We regularly attended church or went to the base chapel. I had also been pretty actively involved in youth groups at all of the bases we were assigned to.
My lawyer said, “We notice David today wearing Army green and you’re in Air Force blue. Did you play a role in him entering the service?”
He replied, “No sir, not in the Army.”
He mentioned that he would have rather had me join the Air Force. It was kind of a bone of contention.
My vision would not allow me to be a helicopter pilot which was my first choice. So I followed the path of a friend of mine who was a year older.
He went in the Army as an Airborne Cavalry Scout and I made up my mind that I wanted to do that as well.
My dad said, “Well fine, I’ll back off and I’ll just let him do what he’d like to do, as long as what he does is the best he can possibly be.”
During training I would write to my family frequently. Once stationed at Ft. Polk I would call once or twice a month and write letters to fill in the gaps.
Captain Jokinen asked, “When did you first become aware of a problem with David?”
He said he didn’t remember the exact date but it was a phone call and I was rather distraught. I said, “I don’t know how to tell you this but here’s the problem.”
It hit my parents pretty hard, and they were devastated at what I had gotten myself into.
Jokinen: “Was that the David that had grown up in your home?”
Dad: “No.”
Jokinen: “Did you understand why — what was going on?”
Dad: “No, I didn’t understand. I thought either it was a very traumatic experience or a dominant personality type that he had run into. I’m not sure. But he had never smoked, he never drank, didn’t cuss. It just wasn’t —“
Jokinen: “So what he was telling you he was involved with was terribly out of character?”
Dad: “Yes, sir.”
Jokinen: “Did he tell you at any point that he was, in fact, AWOL from the United States Army?”
Dad: “Yes, sir.”
Jokinen: “Did he have any contact with you during the course of this AWOL?”
Dad: “Yes, He would never say exactly where he was, but would still call and let us know that he was okay.”
Jokinen: “Did his absence from the Army and his involvement in drugs cause concerns and problems within the family in Germany?”
Dad: “Oh, absolutely, yes”
Jokinen: “Was there anything in the minds of the various members?”
Dad: “We didn’t let the grandparents know. We tried to keep that to ourselves. But it was very distressful. We were concerned about his safety. We didn’t know — being in that type of environment — I remember one time he was talking to us on the phone and then the phone just — from a phone booth — and it got cut off in the middle. It was some type of bad connection. But we didn’t know what to think — you know — is it — has he fallen prey to someone who wanted his money or what had gone on. But he kept in contact with us.”
My lawyer asked about the relationship between me and my parents and how open it was.
My dad said that it was pretty open.
We discussed things having to do with mind and heart.
Jokinen: “How did you feel once you got word that he had been apprehended and was back in military custody?”
Dad: “Relieved. Not happy but relieved. He was in at least a stable environment — someplace we knew was predictable — he was there. We were unhappy, of course, because of the circumstances. But he — now we knew he was in one location and we felt very relieved and were able to tell the grandparents — let them know. They had been — at a certain point we finally let them know that there was a problem and not to try to write David. And they also felt the relief and they had been praying for him, that everything would turn out all right under the circumstances.”
Jokinen brought up the second AWOL.
I purposefully missed my original trial date set for the 21st of November. The Army contacted my parents to let them know I had left again.
I had been concerned about going to jail and my representation.
My dad said he told me, “Well you need to turn yourself in. It will be the best thing for you. Things will only get worse.”
Jokinen: “Do you understand that the charges of which David stands convicted are very serious charges?”
Dad: “Yes, I do.”
Jokinen: “And I would imaging as a Master Sergeant in the Air Force you can’t condone his actions?”
Dad: “No, I can’t”
Jokinen: “By your presence here what do you hope to convey to this court as to David and his future?”
Dad: “I think his future will, hopefully, become somewhat what he was before he came into the Army. We had a support group there; we got along well. He was a totally different person it seems at that point. And I think there is definitely a good chance for rehabilitation; if not in the military, of course, definitely in the civilian life. I think the core of his being can be rehabilitated. His mother and I love him and we’re there to support him no matter what happens.”
Prosecution: “No questions, Your Honor.”
As I read through these transcripts and reprocess this time in my life, I remember sitting there watching my father try to save me. I watched him hold back tears.
As a proud career military veteran, he flew from Germany on official military orders to not only attend the court-martial of this disgraceful solider, but to stand up in uniform and say, “This is my son. I love him and I would do anything for him.”
He could have turned his back on me but he didn’t even though I deserved it.
My selfish stupidity.
My blatant disregard for my upbringing.
My fall away from faith.
My slap in the face to everything he stood for.
The hell I put my family through.
My father was willing to throw it all away for me just because I was his son.
I didn’t understand this fully at the time, but my father was modeling the love of our Heavenly Father.
With God, nothing we ever do or say can make Him love us any less.
In spite of anything you have done or will do. You are forgiven!
Christ died for ALL of it, so God could look at us and say,
“This is my child, who I love and did everything for!”
Grace is something we can never fully understand.
Next post, Thundercloud takes the stand…
Jun 24
Witness
Sergeant First Class
Witness
The government calls as a witness Sergeant First Class Trey Smith.
SFC Smith was my platoon sergeant for six months prior to my disappearance. The prosecution secured him as a witness to discuss my performance as a soldier.
He had been on field exercises with me one time. He also had been on many ranges and received performance reports from my squad leader.
This and his eighteen years in the Army gave him the credibility to give his opinion as to my duty performance.
During questioning SFC Smith talked about the details of my job, that I had been one of the only ones to have a HUMM-V license. I was also a driver on an armored personnel carrier.
He also said I was a TOW missile loader, but that was incorrect. I was an M-60 gunner. I’m not sure why he said that. It really wasn’t important but it bothered me that the prosecution witness, my platoon sergeant, didn’t know my job.
However, I had been gone for six months.
When asked about his opinion about my duty performance, he said that it was between marginal and average. On a scale from one to ten, he would give me a three.
I was a little taken aback at this assessment but, then again during the six months that he supervised me, I was staying out all night long and I was on drugs.
Colonel Grainger asked Smith if he had an opinion as to whether or not I had any rehabilitative potential. He hesitated.
Then after being asked again he said, “I don’t feel that it would be beneficial to the military for the time, the effort, and money involved to attempt to rehabilitate him.”
He did say that in general he thought I had rehabilitative potential, just not as a soldier.
When asked about if I received an Army Achievement Medal while working for him he said, “I don’t recall, sir.”
I remember that he was the one who pinned it on my uniform.
Prosecution passed the witness to the defense for cross examination.
Captain Jokinen clarified with SFC Smith about the time that he knew me. That it was from November of ’88 until the time of departure in April of ’89.
The next question was if Smith noticed any changes in either physical appearance or habits.
His observation was that I would come to work late quite a bit. I was very pale on several occasions and that I would fall asleep while out on some of the ranges.
I am pretty sure I know what he meant with the last comment.
I was tasked to drive a HUMM-V for a Lieutenant wanting to observe some field exercises.
I had been out in the clubs using drugs every night for a week straight. Some nights never going to sleep at all.
On the first night out, being overcome with exhaustion, I passed out behind the wheel. I apologized to the Lieutenant, but he had to take over driving.
Fairly certain he reported me and this incident to SFC Smith.
I could not really argue or complain about the picture that was being painted about my performance.
SFC Smith came to the platoon at a really bad time when it came to being my supervisor. I think that if he had been there from the beginning he may have had a more supportive view.
Too late.
Nothing further from this witness.
Prosecution had nothing further at this time
Defense requested a five minute recess.
One of the defense witnesses was Specialist Alan Bear. We had been roommates since I had arrived at Fort Polk.
After being sworn in, he was asked to give his impression of me when he first came to the unit. He was asked to describe my conduct and attitude.
Because of an extensive collection of military memorabilia, my four years of JROTC and getting to know me in such close circumstances, his impression was that I was very motivated.
He mentioned that he knew that I wanted to be in the military my whole life. He said that it was evident that I wanted to be doing what I was doing and that I was pretty good at it.
He talked about how I started going to Alexandria with some friends that I met, and I would stay with them. It started out occasionally but then gradually became more often.
When asked about noticing any changes in my personality, his response was that I was basically gung-ho at first but gradually lost interest.
Captain Jokinen asked Specialist Bear if he would characterize me as a poor soldier prior to going AWOL, if things other than the Army were occupying my mind.
His answer was, “I feel yes, other things were occupying his time. But I don’t feel he really became that poor of a soldier, not any worse than some of them that are currently assigned to us.”
Bear answered a question about my social habits. Whether or not I smoke or drank.
He said I alway made a point to let people know that I did neither when approached with the opportunity.
After my capture and being released back to my unit, he noticed that I was drinking and was in total shock. He had offered alcohol to me countless times before and I always turned it down.
It seemed to him that I was no longer living by the standards I had set for myself.
In cross examination, the main information given was that Specialist Bear never saw me taking any controlled substances. He heard about the possibility and believed that it was the reason for my deterioration.
Nothing further from this witness.
Another defense witness was Specialist Jeff Raymond. He had arrived at Fort Polk about the same time as me. We were assigned to the same vehicle and were pretty good friends. Jeff and I had partied together but it was never brought up or discussed during the trial.
The same line of questioning, lead to similar answers. I had been a good soldier and a person of morals and integrity. I began going out a lot and then things started to change.
Nothing further from this witness.
The defense called the next witness:
Master Sergeant David J. Mike
My father….
Jun 17
Court Martial
court martial
Court Martial
19 DEC 89
United States vs. Private E-2 David C. Mike.
HHC 5th Battalion, 6th Infantry
Ft. Polk, LA
Court will come to order.
I had gone through some prepping for the court martial from my lawyer Captain Jokinen. I don’t know if I was really fully prepared though, but I here I was.
During the beginning and throughout the trial, Colonel Grainger discussed all of my rights and explained the proceedings to me. He told me that I could remain seated and, that I needed to answer all questions carefully.
Colonel Grainger explained to me that “Pleading guilty was equivalent a conviction and was the strongest form of proof known to the law.”
I would be pleading guilty to all of the charges but one.
To the charge of desertion I would plead not guilty, but to the lesser charge of AWOL I would plead guilty. The main difference between the two charges was the intention to return and the amount of punishment attached to each one.
For each charge, I would have to talk about specifics with dates, times and descriptions in order for me to convince the Judge and verify that I was actually guilty.
AWOL
I talked about how I was arrested a week or so prior to running away. I had never been in trouble with the law before and so I was scared to go to jail.
Running away to Houston I knew that I could get my hands on drugs. Because that is where I had been buying them from.
I told him about living in hotels and then staying with friends. He asked if I had any authorization or permission to be gone.
“No, Your Honor.”
He wanted me to discuss how I came back into control of the Army.
I told him how the arrest went down. That the Louisiana State Troopers and CID apprehended me after sending in the Deputies.
Then I was detained overnight in the Rapides Parish Jail until the military came and got me and turned me in to the Installation Detention Facilityl.
Colonel Grainger was okay with my statement regarding the charge of AWOL.
Possession of (MDMD) aka “ecstasy”
He asked me to talk about the possession charge.
I told him about the film canister that had the left over residue that they found on me. It contained ecstasy and I knew it was the drug because I consumed them all.
He asked me how I knew that the drugs were actually ecstasy (MDMA) and not caffeine or something similar. I told him that I knew because I had consumed some previously and the effect was the same as the other times I had used the drug.
The effect was nothing like caffeine but more like speed. I bought them in Alexandria at a club that was known to have dealers there.
I also knew that it was ecstasy because we had to avoid the law in order to purchase it. It wasn’t available over the counter.
He asked me if I had any legal authorization or justification to possess MDMA.
“No, Your Honor.”
He asked me if I was using it, in effect, for my own high.
“Yes, Your Honor.”
He asked me if I was a medical expert testing the drug, a doctor prescribing it or part of official law enforcement duties?
“No, Your Honor.”
Once the judge was satisfied with my answers we moved on to the next charges.
Distribution of MDMA and LSD
The wrongful distribution charges of MDMA and LSD were in various places in the states of Texas and Louisiana over a span of almost a year.
The judge wanted me talk about a specific sale on a specific day for each drug, in each state. I was supposed to recall all the events relating to one incident.
My testimony began with telling him that I started distributing at first, just to help my friends get it so they could feel the way I felt on the drugs.
I wasn’t doing it for money at that time but it escalated into a means of survival income after going AWOL.
I also could have as much as I wanted to feed my habit because the more I sold, the more I could keep for myself.
At this point Colonel Grainger said I was being too vague. He kept insisting on specifics.
Names, dates, locations, amounts of both drugs and money.
Trying to come up with something that fit his descriptions, I said “Some of my friends in the unit – I’d rather not disclose everybody’s names, Your Honor – but…”
He shot out in an angry tone..”I’m sorry, I didn’t hear the last part!”
I repeated what I said, and in so many words said,
“I am not going to make this easy for you. How you are explaining everything is not good enough. You need to convince me that you sold dope. You are under oath and I want you to tell me the truth and I want specifics. Do you understand?”
“Yes, Your Honor”
He asked me if I wanted to continue or take a small break to talk to my counsel?
I took the break.
That kind of shook me up and I felt as if things were going sour. My lawyer calmed me down and told me that I just needed to give him enough information to convince him I was guilty of selling drugs.
After returning to the court room, I agreed to the request of more specific information.
Although what I said next was not completely true it was based on encounters that I could remember as if it were true.
I made up a story about selling ecstasy in Louisiana using soldiers names that were already out of the Army.
I made up a story about selling ecstasy in Houston and I used my dealer’s name.
I used the actual events leading up to the arrest of myself and Private First Class Eddie Gaines. He had been caught with LSD that I helped him get.
I figured no harm, no foul on that story. Because, he had already confessed to the whole thing. It was his statement that led to me having these LSD charges.
I told the judge that we bought a hundred hits for a hundred dollars, and sold them for six dollars apiece.
When the judge finally asked for more specific sales of LSD, I finally said,
“There were so many times, Your Honor, it’s hard to be specific. I was doing it as a job because I didn’t think I could get a job because I was AWOL, Your Honor. I was selling every weekend.”
He seemed to be in agreement that further specifics were unnecessary.
Pleas
He asked me if my plea of guilty would admit that each element discussed would accurately describe what I did.
“Yes, Your Honor.”
He requested to know what the maximum punishment was.
The prosecution figured thirty-six years, six months, dishonorable discharge, total forfeiture of all pay and allowances, reduction to Private E-1, and the government felt that a fine would be appropriate.
Captain Jokinen agreed that the maximums were correct but that a fine didn’t make sense.
Colonel Grainger asked me if I understood the maximums.
He told me that if I plead guilty that he was supposed to take into consideration that as my first step towards rehabilitation and give me a more lenient sentence.
I was supposed to plead guilty not for a lesser sentence, but because in my own mind I felt that I was really guilty.
I answered, “Yes, Your Honor.”
He asked me, “Do you still want to plead guilty?”
Again I answered, “Yes, Your Honor.”
Captain Jokinen told me we needed to stand up.
The Judge began his announcement of findings.
“Private David C. Mike, it is my duty as military judge to find you, in accordance with your pleas..”
“Guilty”
Jun 14
Rank
Private First Class
Rank
I had been reduced in rank from an E-3 Private First Class to a Private E-2.
This was part of the punishment I received in my Article 15, from my second AWOL.
The Army felt that it was mandatory for my uniform to be correct.
So, I was taken along with my Class A uniform to a tailor.
The tailor was told to take my old stripes off and sew on the new lower rank.
Private E-2
It was kind of a low blow for me.
I had entered the Army as an E-3 Private First Class.
This was due to my four years of high school JROTC.
In Army Basic Military Training, I wore that rank from day one.
I was paid more money and given more responsibilities because of that rank.
My father was an E-7 Master Sergeant and my brother was an E-3 Airman First Class at the time.
Having those stripes was a source of pride.
I’d seen old war movies when stripes were ripped of a soldier’s uniform for misconduct.
I never thought it would happen to me that I would go backwards in rank.
I knew that as part of my court-martial sentencing I would be reduced in rank to Private E-1.
That seemed to be the standard punishment.
It seemed a little crazy to have the stripes swapped out, but the Army had regulations to uphold.
So, I had my uniform ready to go to trial, with one less stripe.
I made jokes out of everything most of the time, and this was no exception.
However, inside I was hiding my real feelings of shame.
The whole time knowing in about a week,
the other rank would be taken away….
Want to see what David sees?
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