Article 118 Case Study

Premeditated Murder, in violation of Article 118, UCMJ

ELEMENTS EVIDENCE PROVING ELEMENT EVIDENCE DISPROVING ELEMENT DEFINITIONS/EXPLANATIONS

/EVIDENTIARY ISSUES

Specific Intent to kill (evidence that he did it and planned to)

“I’m Going to Kill”

Aisha testified that she was aware of the note and that it was Adnan’s handwriting. The note was written months before her death.

The murder was not a murder of passion but a planned event.

“Passion” means a degree of rage, pain, or fear which prevents cool reflection (3–43–1. PREMEDITATED MURDER (ARTICLE 118)

“must have intended the act and known its probable results”

3–43–3. MURDER WHILE ENGAGING IN AN ACT INHERENTLY DANGEROUS TO ANOTHER (ARTICLE 118)

That Adnan had motive to kill her

“I’m really getting annoyed that this situation is going the way it is .

. . Your life is NOT going to end. You’ll move on and I’ll move on. But, apparently, you don’t respect my decision . . . I NEVER wanted to end this like this, so hostile and cold . . . Hate me if you will. But you should remember that I could never hate you.” Letter from Hae Min Lee to Adnan

Adnan said he didn’t care that they were broken up. This note did not provide him motive to kill her.

Than Adnan’s lack of communication is self incriminating Adnan did not try to communicate with Hae after she was murdered. They were in constant communication before her death.

That Adnan’s cell phone was in Leakin Park during her

burrial

Adnan’s cellphone records show that he made two phone calls and received an additional two
Calls near or at Leakin Park during the time of her burial.
Just because his phone was there doesn’t mean he killed her

That Adnan was in Hae’s car and ripped out a map of Leakin Park Adnan’s finger prints were found in Hae’s car.

Police found a page of map in Hae’s car with Adnan’s fingerprints on it.

The map included Leakin Park, where Hae’s body was found

That Adnan was acting out of usual character after Hae’s murder Cathy testified that Adnan and Jay came to her apartment on January 13th.

Adnan was acting suspious and was afraid of being questioned by police.

“How do you get rid of a high?” (2/16/00-210)

He was worried about smoking marijuana rather than being questioned for murder

That Adnan and Jay were together during the same day as the burial of Hae Min Lee.

“Ummm, it’s a little hard to recall, but I remember him telling me that Jay invite- invited him over to a video store that he worked at. And, he basically well Adnan walked in with his cell phone and then like- he told me to speak with Jay and I was like ‘okay’ cause Jay wanted to say hi so I said hi to Jay. And that’s all I can really recall.” NIsha

That Adnan’s lack of Alibi raises more suspicious of his actions

While he said he was at track practice then mosque, no one can 100% confirm his location

Premeditated Murder, in violation of Article 118, UCMJ

ELEMENTS EVIDENCE FOR EVIDENCE AGAINST DEFINITIONS/EXPLANATIONS

/EVIDENTIARY ISSUES

Time to consider and contemplate (Jay’s

testimony)

“No, but he tell me that ah, he’s gonna do it in her car. Um, he said to me that he was going to ah, tell her his car was broken down and ah, ask her for a ride. And that was, and that was it, that.” Jay
“The intent to kill or inflict great bodily harm may be proved by circumstantial evidence, that is, by facts or circumstances” 3–43–2. UNPREMEDITATED MURDER (ARTICLE 118)

C3C Wyatt Dial

Premeditated Murder, in violation of Article 118, UCMJ
ELEMENTS EVIDENCE FOR EVIDENCE AGAINST DEFINITIONS/EXPLANATIONS
/EVIDENTIARY ISSUES

Premeditated Murder, in violation of Article 118, UCMJ
ELEMENTS EVIDENCE FOR EVIDENCE AGAINST DEFINITIONS/EXPLANATIONS
/EVIDENTIARY ISSUES