NOW WE'VE SEEN EVERYTHING - NATIONAL GUARD
© 2016 MilitaryCorruption.com
Timothy Wells needs a new lawyer.
The public defender he has now, is either a dummy, doesn't know the law, or has a fool for a client.
We've never seen anything like this before. Here's the details. Read this one slowly, as it gets pretty complicated. And when you're done, drop us an e-mail as to what you think. Do you feel the lieutenant has grounds to sue, or is he full of bull?
Wells is a 47 year-old Army officer with two months to go before he'd qualify for a 20-year retirement pension.
SEXUALLY EXPLOITED A CHILD
According to court papers, he was convicted in Cheyenne, Wyoming in October 2015 of "improper sexual contact" with a family member - i.e. incest. Nailed for "sexual exploitation of a child," the LT faces up to 15 years behind bars when he is sentenced.
It is the date of that sentencing that is at the center of the controversy.
No Perry Mason he, public defender Jim Barrett has asked District Court Judge Alan D, Johnson to "temporarily release" Wells from custody so he can serve two more months in the Guard to qualify for a 20-year pension.
"Mr. Wells is a member of the armed forces, and is only a couple months short of obtaining his 20-year retirement . . . he desires temporary release in order to meet that qualification requirement and fulfill his financial obligations to support his family while he is incarcerated."
THE LAW INDICATES OTHERWISE
Prosecutor Thomas Szott wasn't amused.
"Wells doesn't deserve any special consideration," he fumed. "If his crimes have, in fact, cost him his twenty-year retirement, he must bear that loss as a consequence of the choices he made. His detention pending sentencing (later this month) remains appropriate."
Note that the prosecutor has doubts about the pension, as do we.
Our legal experts say that as a convicted felon, Wells would not be able to receive any pension - military or otherwise - while in jail,and that could be for a long time. But also, the lieutenant is a member of the Wyoming National Guard.
As of press time, we haven't been able to ascertain if he is full-time AGR (Active Guard-Reserve) or an "M-Day" weekend drilling officer. If he is the later category, he could not collect retirement money until age 60, and then, he would have to have an honorable discharge.
Being convicted on sex charges, would seem to disqualify him on the spot. So we don't know if the public defender is ignorant of Army regulations, but we think the issue is moot. And if the judge were to somehow allow it, and let Wells out for the next 60 days, who's to say the convicted criminal won't take off for parts unknown.
Like we said, this is a bizarre case.