Mr. William Yables Jr.
Installation Victim Witness Liaison Officer, MCAS New River
Mr. William Yables Jr. is the Installation Victim and Witness Liaison Officer (IVWLO) for Marine Corps Air Station New River and acts as the Installation Commanding Officer’s subject matter expert and manager for the Victim-Witness Assistance Program (VWAP) aboard the installation. In that capacity, the IVWLO chairs the VWAP Council, manages and maintains a list of all unit Victim Witness Assistance Coordinators (VWAC) and other base Victim Witness Representatives, provides liaison with local civilian services for victims of crime, tracks all services provided and is the central point of contact for the base program.
Pursuant to Marine Corps Directives, each office or agency which provides services to victims and witnesses appoints a Victim Witness Assistance Representative/coordinator and each unit (battalion and squadron level and above) appoints a Victim Witness Assistance Coordinator (VWAC). The VWAC and other representatives are responsible for that unit or office’s part of the station VWAP.
A. Be reasonably protected from the accused offender.
B. Be provided with reasonable, accurate, and timely notice of:
(1) A public hearing concerning the continuation of pretrial confinement of the accused.
(2) A preliminary hearing pursuant to Article 32, UCMJ, relating to the offense. Including the right to receive a copy of the appointing order directing the preliminary hearing.
(3) A court-martial relating to the offense, including any open hearing held pursuant to Article 39a, UCMJ, and any post-trial vacation hearing.
(4) A public proceeding of the Military Department Clemency and Parole Board relating to the offense.
(5) The release or escape of the accused, unless such notice may endanger the safety of any person.
(6) The date and time of any review of the accused’s case by an appellate court, the
scheduling (including changes and delays) of each public appellate court proceeding the victim is entitled to attend, and the decision of any appellate court or judge advocate review.
(7) Any post-trial motion, filing, or hearing that addresses either the findings or sentence of a court-martial involving the accused, the unsealing of privileged or private information of the victim, or which may result in the release of the accused.
C. The right to receive, upon request, a copy of, or access to, the recording of a preliminary hearing held under Article 32, UCMJ, as soon as practicable following the conclusion of the hearing.
D. The right to not be excluded from any public hearing or proceeding described in paragraph 040401.E. of this chapter except under such circumstances as permitted exclusion under Military Rule of Evidence 615 of reference (g).
E. Be reasonably heard, personally or through counsel, at:
(1) A public hearing concerning the continuation of confinement before the court-martial of the accused.
(2) Preliminary hearings conducted pursuant to Article 32, UCMJ, and court-martial proceedings relating to Rules 412, 513, and 514 of the Military Rules of Evidence or regarding other rights provided by statute, regulation, or case law.
(3) A public sentencing hearing relating to the offense.
(4) A public Military Department Clemency and Parole Board hearing relating to the offense.
F. The right to confer with the attorney for the U.S. Government at any proceeding described in paragraph 040401.B of this chapter.
G. The right to be consulted and express their opinion concerning:
(1) Pretrial confinement of the accused and release of the accused from pretrial confinement.
(2) Regarding offense(s) committed against the victim, any decision to not prefer charges and any decision to dispose of the charges by means other than court-martial.
(3) Regarding offense(s) committed against the victim, any decision concerning whether to dismiss or refer charges.
(4) The proposed terms and conditions of any plea agreement.
(5) About testifying as a witness. Note: while the convening authority and trial counsel should strongly consider the victim preference concerning whether to provide testimony, the victim’s to Article 39a, UCMJ, and any post-trial vacation hearing. Preference against testimony does not prevent the government using subpoena, or other appropriate legal process, to require victim testimony in the interest of justice.
H. Crime victims and their dependents who are eligible for legal assistance may consult with a military legal assistance attorney in accordance with DoDI 1030.02 Paragraph 3.4 and Volume 5 of this Manual. Additionally, victims may elect to seek the advice of a private attorney, at their own expense.
I. Victims of an offense alleged under Articles 120, 120a, 120b, or 120c or forcible sodomy under the UCMJ or attempts to commit such offenses under Article 80, UCMJ, who are eligible for legal assistance per Military Department or National Guard Bureau policies or in accordance with Sections 1044 or 1044e of Title 10, U.S.C., may consult with a VLC in accordance with DoDI 1030.02 Paragraph 3.5 and Volume 4 of this Manual. Victims of these covered offenses will be informed by a sexual assault response coordinator (SARC), victim advocate, victim witness liaison, military criminal investigator, trial counsel, or other responsible official that they have the right to consult with a VLC as soon as they seek assistance in accordance with Section 1565b of Title 10, U.S.C., and as otherwise authorized by Military Department and National Guard Bureau policy.
J. Receive restitution as provided in accordance with state and federal law.
K. Proceedings free from unreasonable delay.
L. Be treated with fairness and respect for his or her dignity and privacy.
M. Express his or her views to the commander or convening authority as to disposition of the case.
N. Not be prevented from, or charged for, receiving a medical forensic examination.
O. Have a sexual assault evidence collection kit or its probative contents preserved, without charge.
P. Be provided a copy of any reports arising from result of a sexual assault evidence collection kit, including a deoxyribonucleic acid (DNA) profile match, toxicology report, or other information collected as part of a medical forensic examination, unless doing so would impede or compromise an ongoing investigation.
Q. Be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
R. Upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or disposal of a sexual assault evidence collection kit.
S. Upon written request, be granted further preservation of the kit or its probative contents.
T. For victims of sex-related offenses committed in the United States, to be provided an opportunity to express a preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense. Additional details concerning this notification requirement are outlined in paragraph 040402 of this Volume.
U. Where the accused was found guilty of an offense tried at a court-martial, the right to submit a written statement to the convening authority after the sentence is adjudged.
V. The right to petition the Navy and Marine Corps Court of Criminal Appeals for a writ of mandamus contesting a ruling in an Article 32, UCMJ, preliminary hearing or court-martial if the victim believes the ruling violates the victim’s rights as enumerated in Article 6b, UCMJ, or afforded by Military Rule of Evidence (MRE) 412, MRE 513, MRE 514, or MRE 615 pursuant to Article 6b(e), UCMJ.
W. In all cases arising after 1 January 2019, the victim has the following additional rights.
(1) The right to petition for an Article 30a, UCMJ, hearing before a military judge for matters arising under Article 6b(c) and (e), UCMJ.
(2) The right to petition for an Article 30a, UCMJ, hearing before a military judge for relief or quashing of an investigative subpoena.
(3) The right to decline an interview with defense counsel, or to condition such interview on the presence of trial counsel, victim advocate, and/or victims legal counsel.
(4) If named in a specification being considered in an Article 32, UCMJ, preliminary hearing, the right to submit supplemental materials for the preliminary hearing officer’s consideration within 24 hours of the preliminary hearing officer’s closing the hearing.
(5) The right, upon request, to receive a redacted recording of all open sessions of the court-martial.
(6) The right, upon request, to receive a redacted copy of the court-martial record of trial, provided the victim was named in a specification for which the accused was charged.
(7) In any case in which the victim testified, the right to receive a redacted copy of the court-martial record of trial, regardless of the findings.
(8) The right to receive a copy of any post-trial action taken by the convening authority, if applicable.
(9) The right receive a copy of the Entry of Judgement.
X. For victims of sex-related offenses, a right to receive notifications in accordance with sections 0128(i), 0142a, and 0142b of the JAGMAN. Additional details concerning these notification requirements are outlined in paragraphs 040402 and 040403 of this Volume.
Y. Notification of disposition of the case, to include the acceptance of a plea of “guilty.” The also includes the right to be notified of any decision to dispose of an alleged offense at NJP or ADSEP proceeding, and the right to notification of the time, location, and outcome of the NJP or ADSEP proceeding.