039 United States v. Maebane

When we hear information repeated to us, we’re hardwired to begin to believe it. The positive effect we feel when we hear the information or story repeated is called the illusory truth effect. We have a pretty good example of the illusory truth effect in my family - I remember the story of why we adopted two cats very differently than everyone else. I am stuck on believing that we went to the animal shelter to meet a big white fluffy dog to potentially make our own. The rest of my family maintains the plan was always to adopt a cat. They tell me that perhaps I did meet a big white fluffy dog that day, but that we weren’t there to meet him. I know the numbers are against me, but I’ve repeated to myself, for more than 20 years now, that we went to meet a dog. I’ve rationalized it, too - most of us are allergic to cats and I can tell myself over and over that we wouldn’t go to meet a cat that most of us were allergic to. But the more I tell myself that story, the deeper it imprints into my memory. A false memory, by all other accounts. 

Following the death of Michael DeLeon, Hospital Corpsman Second Class Maebane very nearly benefited from a much darker example of the illusory truth effect.

 

 

I relied on the NMCCA appellate opinion.

If you're delving into the opinion, this pseudonym legend may serve you well:

MD: Michael DeLeon (victim) - Hospitalman Corpsman Third Class Petty Officer Delta
RD: Ryan Dini - Hospital Corpsman First Class Petty Officer Davis
MW: Mason Williams - Hospital Corpsman Second Class Petty Officer Wilson
SW: Sterling Wold - Hospital Corpsman Third Class Petty Officer Whiskey
JH: Jesse Humes - Hospital Corpsman Second Class Petty Officer Hotel

I referenced additional information from 10 News, the website DeLeon's family maintains, Stripes, and a Daily Journal article about the residual hearsay exception.

This witnesses to DeLeon's death initially maintained that DeLeon died by suicide. While this was a cover story, the topic of suicide comes up and I'd like to remind you that if you are experience thoughts of self-harm, the Suicide and Crisis Lifeline is available free-of-cost by dialing 988. Help is also available via chat on their website.

 

 

 

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Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.