Maryland Military jury: Prison, dismissal for Army birther

By Jessica Gresko

Associated Press

FORT MEADE, Md. (AP) -- An Army doctor who disobeyed orders to deploy to Afghanistan because he questioned President Barack Obama's eligibility to be commander in chief was sentenced by a jury last week to six months in a military prison and dismissal from the Army.

The military jury spent nearly five hours deliberating punishment for Lt. Col. Terrence Lakin on Thursday after three days of court martial proceedings at Fort Meade, outside Baltimore.

Lakin was convicted of disobeying orders -- he had pleaded guilty to that count -- and missing a flight that would have gotten him to his eventual deployment. An Army commander, Maj. Gen. Karl Horst, still has to approve the sentence returned by the jury. Upon approval of the sentence, Lakin is granted an automatic appeal that would be considered by the Army Court of Criminal Appeals. He was to begin serving his sentence immediately.

In online videos posted on YouTube, Lakin aligned himself with the so-called "birther" movement that questions whether Obama is a natural-born citizen, as the Constitution requires for presidents, and said he was inviting his own court martial.

But Lakin said Wednesday that despite his questions about Obama's eligibility for office, he was wrong not to follow Army orders. He acknowledged that the Army was the wrong place to raise his concerns about Obama, asked to keep his job and said he was now willing to deploy.

Military prosecutors disagreed. A military prosecutor asked the jury to sentence Lakin to at least two years in a military prison and to dismiss him from the service. It was a sentence he "invited and he earned," military prosecutor Capt. Philip J. O'Beirne told the jury.

The prosecutor said Lakin had other options such as resigning or asking not to be deployed if he had issues with his orders. Instead, he used his deployment earlier this year as a political ploy, O'Beirne said, going to great lengths to create a "spectacle."

"He knew exactly what he was doing and he did it anyway," O'Beirne told the jury..

Lakin's defense attorney, Neal Puckett, asked the jury to be lenient. He described the 17-year veteran and Greeley, Colo. man as giving, compassionate and patriotic but also naive in trusting the poor advice of a previous civilian lawyer. He called Lakin the "victim of an obsession," referring to questions about Obama's eligibility, and said he made "one bad decision on one day of his career."

Dismissal from the Army would prevent Lakin from serving the 20 years needed to qualify for his military pension.

Published: Mon, Dec 20, 2010