http://www.military.com/news/article/te ... 6032310810
Members of the Pennsylvania National Guard unit based in Mt. Pleasant will face disciplinary action for wearing their uniforms while testifying in a criminal trial last week for a sergeant accused of ramming a man with his car.
Three National Guard members with the 110th Regiment were called as character witnesses for Sgt. Brandon Kopp, who was convicted of aggravated assault and driving under the influence after a two-day trial.
Kopp and his fellow guard members testified while wearing their military uniforms.
"Wearing a uniform was not permitted. He should not have done that," National Guard spokesman Kevin Cramsey said of Kopp. "And that goes for any member of the unit who participated at the proceeding."
Kopp, 27, of Youngwood got into an altercation outside an Irwin bar on Sept. 8, 2006. Jurors found Kopp not guilty of attempted homicide, but he faces up to 20 years in prison on the other charges.
Kopp will be dishonorably discharged as a result of the conviction, Cramsey said.
A July 10 memo from Maj. Gen. Jessica Wright, the adjutant general of the Pennsylvania National Guard, issued a reminder that soldiers, no matter their duty status, are prohibited from wearing military attire if they are a subject or a party in a civilian court action.
"We don't want to have someone wearing the uniform to have influence one way or the other in a court proceeding," Cramsey said.
Kopp wore his dress uniform during the trial, over objections from Assistant District Attorney Wayne Gongaware, who argued that the attire could sway jurors.
Westmoreland County President Judge John Blahovec said he allowed Kopp to wear the uniform because his military service was an element of the defense. Kopp blamed the assault on post-traumatic stress disorder brought on by a year of service in Iraq.
Blahovec said he was not made aware of any military prohibitions regarding Kopp's attire.
"I thought he had a legitimate right to wear the uniform. The fact he wore a uniform didn't impact the verdict at all," Blahovec said.
Defense attorney Daniel Beisler could not be reached for comment.
For an hour, Kopp told jurors about his year in Iraq, where he worked as a mortar technician and frequently witnessed death.
Kopp, in tearful testimony, said he was deeply affected by his military service when he came back in July 2006.
"When I got home, I wouldn't say I was suicidal, but I didn't want to be here. It was too much to think of," Kopp said.
Three regiment members, all in uniform, testified Kopp was a law-abiding citizen with a peaceful reputation.
Now they will face discipline from their commanding officer.
Maj. Dean Vought, public affairs officer for the 2nd Infantry Brigade Combat Team, which includes the 110th Regiment, said they likely will receive a reprimand.
"The soldiers were not aware of the policy and will be reprimanded and have to undergo training to inform them of the policy," Vought said.
Wearing a military uniform in court is prohibited under Pennsylvania law in certain cases. State law says that military members cannot wear their uniforms "for the purpose of obtaining aid or profit or while soliciting contributions or subscriptions."
That law, a summary offense, was used in 2005 by a state trooper who charged a former Army reservist who came to a preliminary hearing dressed in his uniform.
Levi Brighton Fisher, 21, then a student at Indiana University of Pennsylvania, came to the burglary hearing dressed in uniform. He was cited, found guilty and fined $300.
Westmoreland County District Attorney John Peck said Friday that law does not apply to Kopp.
"He doesn't appear to be violating any state law. He didn't wear it for aid or profit," Peck said.
















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