Group Called MOMS Seeks to Make Changes in Military Justice System

Worried that her son and other soldiers were not getting justice in America’s military court system, Carolyn Dock has mobilized an activist group called MOMS with the vow that the services “will clean their house, or together we will.”

MOMS--Mothers Opposed To the Maltreatment of Service Members--says 98.5% of all servicemen accused of crimes eventually are convicted. They are assigned military lawyers who do not provide a vigorous defense, and once in prison, few inmates are paroled, the group contends.

“They willingly signed to defend our Constitution--with their lives if necessary--only to find the Constitution does not protect their rights as American citizens,” said Dock, who began challenging the military justice system after her 23-year-old son was charged in the 1984 stabbing death of a taxi driver in West Germany, where he was stationed with the 3rd U.S. Armored Division.

“The military justice system protects only the system, not the service member,” said the 52-year-old woman who reactivated MOMS last year, three years after its founder became ill.

The group now has about 1,250 member families to whom it offers advice, support and referrals to civilian lawyers. MOMS also wants to reform military law.

The Army acknowledges that its conviction rate at courts-martial during the last decade has been high, about 95%, said Paige Eversole, an Army spokeswoman.

“(But) that is almost the same conviction rate you’ll find at a federal district court,” Eversole said, adding that seven out of 10 convictions involved guilty pleas.

Of those without guilty pleas, “our conviction rate is 80%, which is lower than you’ll find in federal district court,” she said.

Todd Dock was convicted of premeditated murder and robbery. He was sentenced to death.

Dock worked nearly four years to have her son’s case reconsidered and spent at least $150,000 on legal expenses, some of which she raised by selling her house here, getting donations and holding yard sales.

In May, the Army Court of Military Review set aside the convictions and death sentence. The Army is appealing.

“I always thought that there was some reason that Todd’s situation happened. Maybe all my life I have been prepared, fighting to do something like MOMS,” she said. “Either the military will clean their house, or together we will.”

MOMS hopes to spur reforms of the Uniform Code of Military Justice within five years.

“We’re not trying to tear it down,” Dock said. “We’re just saying, ‘Hey, fellas, something is really haywire.”’

Although the organization’s name mentions mothers, one-third of its members are men. Most of the imprisoned service members are at the U.S. Disciplinary Barracks--”the DB”--in Ft. Leavenworth, Kan.

There are 1,463 inmates at the disciplinary barracks--the only maximum-security military prison in the United States, according Janet Wray, a spokeswoman at Ft. Leavenworth.

She said 65% are imprisoned for crimes against persons, such as murder, rape and assault; 18% for narcotics-related convictions; 11% for property crimes; 4% for military crimes, such as desertion; and the rest for other offenses.

“Nobody is asking that the soldiers shouldn’t be punished,” Dock explained. “All we’re asking is that their constitutional rights--that they are out there protecting for us--be extended to them as well, and that the punishment be commensurate with what happens in the civilian courts.”

“There are those soldiers who shouldn’t ever get paroled. But there are those who should have gotten probation in the first place.”

According to MOMS, 1,264 Army inmates applied for a reduction in sentence between Oct. 1, 1983, and Sept. 30, 1984. Sixteen inmates were granted some form of clemency.

MOMS also said that parole was denied to 80% of 638 Army inmates at the disciplinary barracks who were eligible and applied for parole during the period.

“Civilian courts grant parole to approximately 39% of eligible first-time offenders, normally the first time they come up for parole,” Dock said.

Lt. Col. John Garlinger, public affairs officer at Ft. Leavenworth, agreed that the majority of the barracks’ inmates likely were first-time offenders because if they had previous convictions they never would have been accepted into the service. But he said comparing civilian and military courts was an “apples and oranges argument.”

“We hold ourselves to higher standards. The (civilian prisoner) did not raise his hand to support and defend the Constitution,” Garlinger said. “The fact that parole was denied to 80% doesn’t bother me. We lock up felony criminals. These are not people who are in for tearing the tags off their mattresses.”

The families’ organization wants military parole boards made up solely of civilians.

“The convening authority (post commander) picks the jury from his own command,” according to Luther West, a retired Army lieutenant colonel, who has a private legal practice in Baltimore. “These jurors know his wishes and inclinations. They know he controls their promotion and career potential.

“It comes as no surprise that military juries in close cases can vote to please the interest of their commander. It’s a very in-house system of justice.”

Eversole, the Army spokeswoman, argued that while the commander prepares lists of potential jurors, the defense and prosecution attorneys can have potential jurors dismissed.

She also denied a MOMS claim that military defense attorneys lack “judicial independence” to argue aggressively for their clients.

“They react the same as civilian attorneys,” she said. “When they win an acquittal, they’re delighted.”

She said that since 1980, the Army has had a separate defense corps of attorneys, who work for the Army Legal Services Agency, headquartered in Falls Church, Va.

“What that means is that people who serve as defense counsel have a separate chain of command,” she said. “If you feel you’re not going to get a vigorous defense from your own service, you can ask for an attorney from another service if there is one within 100 miles.

“Also, you have the option of hiring your own civilian attorney.”

MOMS has developed a network of more than 100 civilian law firms in about 30 states and West Germany that have staff attorneys who are experienced with military courts and will handle cases at reduced fees.

Dock directs the group with the help of an executive board of couples in Maryland, Texas, Missouri, California and New York. There also are 40 state representatives and seven regional representatives.

“We act as a release valve for families who just pour out their frustrations, and a release valve for the inmates,” she said. “I got 253 letters in the month of June alone from families, inmates and others concerned.”

In addition, the group offers help to relatives visiting inmates at the disciplinary barracks.

“For most of us, this is our first run-in with crime--any kind of justice system,” Dock said. “You go to the DB and hear that clanging of the gates. I just came unglued the first time. I couldn’t handle the guards and the clanging gates.”