[Peace-discuss] CO guilty

[Dlind49 at aol.com]

Jury Finds Conscientious Objector Guilty
By THE ASSOCIATED PRESS

 
Filed at 1:12 a.m. ET

NEW ORLEANS (AP) -- A Marine reservist who said he failed to report for duty 
because he is a conscientious objector was found guilty of unauthorized 
absence but innocent of desertion Saturday.

Lance Cpl. Stephen Funk was sentenced to six months in prison and will 
receive a bad-conduct discharge, which results in his losing all military benefits, 
after he gets out of prison.

While in military custody, Funk's rank will be dropped from lance corporal to 
private, the lowest rank in the Marines, and two-thirds of his pay will be 
docked for six months.

Lt. Gen. Dennis M. McCarthy, commander of the Marine reserves, must still 
approve the sentence. He can accept or reduce the sentence.

``It seems a bit harsh for the crime,'' said Stephen Collier, Funk's lawyer, 
about the punishment. He said he would appeal to McCarthy for a lighter 
sentence.

The desertion charge accused Funk, 21, of ``shirking important duty'' for 
missing 47 days of service. His San Jose, Calif.-based unit was mobilized Feb. 13 
to load ships and cargo planes in San Diego bound for the Middle East.

Funk said he became a conscientious objector after several months of being 
trained to kill. Funk, who attended anti-war rallies while absent and later 
announced he was gay, has said that the Marines were trying to make an example of 
him.

The Seattle native argued that he did not believe he was going to be required 
to go to San Diego because those who declare themselves conscientious 
objectors are usually separated from their unit. If so, he argued, then he would not 
have had to perform the ``important duty.''

But the Marine prosecutor, Maj. Mike Sayegh, argued that during wartime, any 
presidential order to report for duty is important.

Sayegh told a jury of an officer and three enlisted personnel that the case 
``is about a kid who thought he could beat the system.''

``Does anybody honestly believe this Marine, when he read the conscientious 
objector order, did not know of his obligation to report?'' Sayegh said. ``All 
of this conscientious objector stuff is nothing but a made-up bedtime story.''

There were 27 other Marines who declared themselves conscientious objectors 
to the Iraq war. Like Funk, all were transferred to New Orleans for processing 
but none of the others were prosecuted because they still reported for duty on 
time, the Marines said.

Funk testified that he joined the Marines to earn money for college and that 
he did not think it likely he'd be activated for war.