MSG Hasenbein is charged, among other things, with Reckless Endangerment, and Aggravated Assault, in violation of Article 128, UCMJ. The incident that forms the basis of the charges occurred on Mar 22nd, 2019, during a pre-mission training event where MSG Hasenbein allegedly assaulted an F3EA role player.
LTC Haake recommended General Officer Memorandum of Reprimand (GOMOR), a career-killer, to both MSG E and SFC B for allegedly lying in their sworn statements. Major General Winski of the 101st ABN signed them, effectively ruining their careers. This was because they allegedly heard the role player saying, “real world” in the video. CID voice recognition experts concluded that it was non-conclusive. Why LTC Haake didn’t go directly to MG Brennan, the 1st SFC (A) Commander is still puzzling.
The Judge has many options ahead of her: She could bring up, for example, criminal charges against Lieutenant Colonel Haake and dropping all charges altogether for MSG Hasenbein. LTC Haake could also repent for the actions that he illegally committed. The Judge is expected to make her decision in the coming days.
The Judge has made her ruling for the command influence and Article 13 motion that was heard on Jan 31st. The Court, having found the (actual and apparent) unlawful command influence, has fashioned the following remedies to negate any effects the GCMCA action may have, or be perceived to have, on the witnesses. To ensure the unlawful command influence will not prejudice the proceedings and preserve the fairness of the criminal process:
- The Government is now precluded from questioning, by either direct or cross-examination, SFC B or MSG E. The Government is also precluded from calling any witnesses to attack the credibility of either SFC B or MSG E by opinion or reputation.
- The Government is now precluded from introducing any evidence concerning the General Officer Memoranda of Reprimands given to SFC B or MSG E, the information contained in their rebuttals, or proof that either witness “accepted responsibility” for their action or inaction in the incident.
- The Defense will have latitude in any witnesses that are called.
- The Convening Authority is disqualified from taking post-trial action in this case.
MSG Hasenbein’s motion to dismiss the charges with prejudice for unlawful command influence was DENIED by the Judge.
In court this week, it was proven that LTC Haake went behind everyone’s back to put MSG Hasenbein on the BOLO list illegally. Fortunately, the BOLO has been lifted, and MSG Hasenbein and his family can now enter the base with ease.