Marine Murdered

The details are very hazy so far in the apparent murder of Lance Corporal Maria Lauterbach. But one thing that is unsettling is that in the months preceding the murder, rape charges were levied against a corporal in her command, the corporal apparently was living off base, was not supervised in any way, and was not confined to the brig or quarters, but instead was working in relatively close proximity to Lauterbach. They presumably saw each other coming and going at the chow hall, and he could leave the base as he pleased. Lauterbach, according to various news reports, moved off base because of harassment by Laurean and, presumably, was also harassed by his peers who thought she was a “crazy, lying bitch ruining a good Marine’s career.” It’s said that the command did not ask for greater pretrial control because they accepted she was on some kind of civil terms with Corporal Cesar Laurean. Of course, if they bought the “crazy, lying bitch” stuff that could also explain their unusually lenient approach to confinement.  False charges are not unheard of in the Marines or the civil justice system. But the process should go forward in a way that guarantees everyone gets to show up to court and deliver their evidence, not reoffend during the interim, not harass witnesses during the interim, and, in this case, not murder pregnant Marines in the interim.  “Innocent until proven guilty” is an evidentiary presumption and a burden of proof placed on the prosecutors; it does not require a military command to be insensitive to a victim, presume she is lying, or suspend their common sense in making decision to confine anyone pretrial.

Since Laurean was facing a life term for rape, some recognition of a flight risk seems natural and prudent. The commander convening the court martial certainly had authority under Rule of Court Martial 304 to order a range of pretrial restraint more restrictive than an order to avoid Lcpl. Lauterbach.

Needless to say, when the alleged rape’s victim’s body turns up dead in the backyard of the accused rapist, it makes his rape defense look a lot weaker and his supporter look naive and callous. The subsequent homicide and flight suggests he committed both the rape and the homicide, a homicide of a woman eight months pregnant. Call me crazy for connecting those dots.

The biggest unsettling fact in this case before the murder were various inconsistent statements and behaviors by Lcpl. Lauterbach.  But even if she’s a compulsive liar, bipolar, and went from rape victim to civil terms with Laurean, it’s still possible she was raped. Domestic violence victims notoriously forgive their attackers, especially when those attacks (including rapes) occur within the context of volatile relationships. Even people with personality disorders and personal problems can be raped and likely are over-represented in the class of rape victims because they also are prone to risky behaviors. She unfortunately never was able to (and never will be able to) give her side of the story in the military equivalent of a Grand Jury proceeding, the Article 32 Hearing, which was scheduled to convene in Laurean’s case shortly after Lauterbach disappeared.