Thread by @RepTroyNehls

Today, I reached out to Col. Maura M. Hennigan from the Marine Corps Liaison Office to get some answers on Lt. Col. Stuart Sheller’s pre-trial confinement.

I was concerned that he is being unjustly held for merely speaking out against his superiors.

This was her response:

LtCol Scheller is assigned to School of Infantry – East, Training Command. He was placed in pretrial confinement on September 27, 2021 in the Marine Corps Installations East Regional Brig aboard Marine Corps Base Camp Lejeune.

He is in an initial fourteen-day period of isolation in accordance with COVID-19 protocols.

Charges have not yet been preferred but LtCol Scheller is suspected of violating Article 88 (contempt toward officials), Article 90 (willfully disobeying superior commissioned officer),

Article 92 (failure to obey order or regulation), and Article 133 (conduct unbecoming an officer and a gentleman) of the Uniform Code of Military Justice. These are allegations and LtCol Scheller is presumed innocent until proven guilty.

A commander has probable cause to order pretrial confinement when there is a reasonable belief that: (1) an offense triable by court martial has been committed; (2) the person confined committed it; and (3) confinement is required by the circumstances.

Within 48 hours of the imposition of confinement a neutral and detached officer will review the adequacy of the probable cause to continue pretrial confinement. If continued pretrial confinement is approved, the commander shall prepare a written memorandum within 72 of the

imposition of pretrial confinement stating the reasons why the requirements for pretrial confinement have been met.

Within seven days of the imposition of pretrial confinement, a neutral and detached officer from outside the confined Marine’s chain of command will conduct a

hearing to review the commander’s probable cause determination and the necessity for pretrial confinement. LtCol Scheller’s hearing is scheduled for 3:30pm on September 30, 2021, and will occur at the Marine Corps Base Camp Lejeune Brig.

LtCol Scheller will be present at the hearing and have the opportunity, either personally or through counsel, to make a statement, present evidence, and object to his continued confinement. LtCol Scheller has been detailed military defense counsel and is also represented by

civilian defense counsel. Representatives from Training Command may also be present at the hearing to make a statement but, in accordance with brig policy, the hearing will not be open to the public.

At the hearing, the review officer from Marine Corps Installations-East will apply a preponderance of the evidence standard to determine whether: (1) an offense triable by court-martial has been committed; (2) that LtCol Scheller committed the offense; and

(3) continued confinement is necessary because it is foreseeable that: (a) LtCol Scheller will not appear at trial, pretrial hearing, or preliminary hearing; or (b) LtCol Scheller will engage in serious criminal misconduct; and (4) less severe forms of restraint are inadequate.

If the hearing officer does not release LtCol Scheller at the conclusion of the hearing, LtCol Scheller will have the opportunity to challenge his continued confinement in front of a military judge.

Although LtCol Scheller has made public comments concerning the allegations against him, the Marine Corps is prohibited by the Privacy Act of 1974 from publicly discussing pending disciplinary matters.

Furthermore, in order to ensure the integrity of the process and a thorough and impartial investigation of the allegations, the Marine Corps will not make any extrajudicial statements concerning this case in order to protect LtCol Scheller’s presumption of innocence.

I will provide updates as they become available.

Respectfully,
Colonel Maura M. Hennigan