Article 89 hearing of LTJG Eugene Williams

[Armistead]

LTJG Eugene Williams USN.

You have been accused of the following charges.

Plantiff: Dr. Steve O.L.D. USN


Article 89—Disrespect toward a superior commissioned officer

Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

Elements.
(1) That the accused did or omitted certain acts or used certain language to or concerning a certain commissioned officer;

(2) That such behavior or language was directed toward that officer;

(3) That the officer toward whom the acts, omissions, or words were directed was the superior commissioned officer of the accused;

(4) That the accused then knew that the commissioned officer toward whom the acts, omissions, or words were directed was the accused’s superior commissioned officer.

(5) That, under the circumstances, the behavior or language was disrespectful to that commissioned officer.

It has come to this courts attention that LTJG Eugene Williams USN has, is or may be under psychiatric care, so

Pursuant to 18 USC § 4241 - Determination of mental competency to stand trial to undergo postrelease proceedings

If, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Subsim Psychiatric Hospital.

When the director of the facility in which a defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate to that effect with the clerk of this court