Capt. Bjork’s attorney Kelley to file motion to dismiss

by Kay B. Day

Victor Kelley, founder of the National Military Justice Group, told The US Report he will have ‘multiple motions’ in the case of Capt. Carl Bjork. Bjork faces murder charges based on accusations leveled by a former Iraqi police chief in Hit. Kelley said one motion will ask for dismissal for lack of a speedy trial. “The government investigation was complete in September, 2008,” he said. “For the life of me, I don’t know why we’re getting around to a trial…if the case survives it will be tried April 22.” Kelley spoke to TUSR by phone on Friday.

Kelley said all of this is “above the defense objections.” He said the government originally wanted to try Bjork on March 1. “Then they backed off and said they needed another month and a half.”

The translator, according to evidence produced, said Bjork told Hamid to kill two insurgents. Hamid reportedly sought revenge for the killing of his son by al Qaeda Iraq.

Kelley said the translator gave 2 statements, then said they weren’t true. Then he changed his mind again and said they were true. The translator, referred to colloquially as AJ, is located somewhere in the U.S. “There’s a window of 1 month [for the government] to find him and serve him,” said Kelley. “I look forward to deposing the guy…he’s of Iraqi descent, apparently a resident of the U.S.” The translator was contract labor, not a member of the US military.

Kelley founded the National Military Justice Group. Kelley served in the US Marine Corps for 20 years and subsequently served as a special assistant US attorney in addition to practicing law and teaching. Also working on Bjork’s case is attorney Dale Saran, a reserve military officer (US Marine Corps) who has taught at the Naval War College.  Saran is also a member of the American Jujitsu Federation with a rank of Third Dan.

Bjork’s family has established a defense fund.

A support group for Bjork formed at Facebook has grown to 8,495 members. A number of people who know Bjork and who have served with him have placed testimonials to his character on the page.

CPT Josh Zeldin who served as a med officer in an infantry battalion wrote a message directly to the captain on Facebook: “I could never in a million years have pictured you in this situation and I refuse to believe it is true. Hit was a disgusting place that no one, unless they have been there could possibly know the horrors of. Again, never in a million years would I even think you'd be in this situation. In my eyes then, now and always, you are an Officer of honor and integrity that I looked up to and I will continue to do so. Don't ever forget that you ARE a hero. I pray for you and your family.”

Jonathan Papich, a soldier who served with Bjork wrote on the Facebook page, “Carl embodied everything an Army Infantry Officer should be. He tactically led my platoon by example on every mission, supported the interests of his soldiers in the politics of an infantry battalion, and appreciated the dangerous and hard work we did for him, for the work we did for the average Iraqi citizen, and for the work we did for our country—despite that work ever being known and most times not appreciated. As a world traveler with an ever itching curiosity in foreign cultures Carl ALWAYS confronted the local Iraqi population with the utmost respect and reverence…”

Papich said, “Despite fighting in one of the bloodiest battlegrounds, in the most violent province( Al Anbar was touted as being "LOST" by our wonderful left-wing media as we started our deployment)of Iraq, Carl never wavered in being a thoughtful, caring, humane human being. HE DID NOT COMMIT THIS CRIME!!!”