Five judges join Army's Court of Criminal Appeals

Fort Belvoir, Va. (Oct. 16, 2014) - Five judges were selected by Lt. Gen. Flora D. Darpino, the Judge Advocate General, to become part of the Army's Court of Criminal appeals during an investiture ceremony, Oct. 9 at the U.S. Army Legal Services Agency.

Col. Kenneth J. Tozzi, Col. Mark Tellitocci, Col. Larss Gunars Celtnieks, Col. R. Tideman Penland, Jr. and Col. Gary Michael Saladino, reserve military judge, participated in the ceremony where they put on judicial robes signifying their new appointments to the U.S. Army Court of Criminal Appeals. They then took the Judicial Oath of Office.

Brig. Gen. Charles N. Pede, USALSA commander aind chief judge, presided over the ceremony.

"They took their oaths a couple of months ago but we hold a ceremony to mark the occasion of their joining the court," Pede said. "Now they can render decisions on cases that are appealed to this court from our trial courts that are all over the world. So the purpose of this ceremony is to affirm their role as military judges in the appellate process."

Tellitocci said being appointed made him happy to take on a tough job. He also enjoyed having his Family participate in the ceremony.

Tellitocci's previous assignments include staff judge advocate, Combined Security Transition Command-Afghanistan; staff judge advocate, U.S. Army Africa and Southern European Task Force, Vicenza, Italy; and chief, Defense Appellate Division, U.S. Army Legal Services Agency, Arlington, Virginia.

"I thought it was a very nice ceremony," he said. "I think the best part about it was we got to have our Families there to participate in it."

Family members helped the judges put on their robes and stood with them as each judge said the oath.

"I'm just happy my Family was (able) to take part in the ceremony because they don't often have the opportunity to be close enough to be there and see something like this," Celtnieks said, adding that his wife, children and parents were able to attend the ceremony. "I am very happy they were able to share the moment with me."

Celtnieks previous assignments include chief, Tort Claims Division, U.S. Army Claims Service, Fort Meade, Maryland; deputy staff judge advocate, Detachment South/SouthWest, U.S. Forces-Afghanistan; and Regional Defense Counsel (Atlantic Region), U.S. Army Trial Defense Service, Fort Meade, Maryland.

"It's a big responsibility (and) I trust that I'm up to the task," he said. "There are a lot of smart people on the court and I'm the newest judge."

Tellitocci said there are a couple of hundred colonels in the U.S. Army JAG Corps and their records were looked through very carefully by the Judge Advocate General to determine who was best suited for the court.

"The ceremony was very important to mark the appointment of new judges who are affiliated with the court and it's important to be recognized by the Judge Advocate General," Saladino said.

Saladino said he and the other judges will continue to do great work as judges of the court.

Saladino's assignments include being a member of the Army Office of the General Counsel at the Pentagon; the Navy Office General Counsel, Command Judge Advocate, special assistant U.S. attorney; U.S. Army civilian attorney; and as assistant district attorney in Massachusetts.

"It's vitally important to the military justice system to have an appellate court review taking place in the field throughout the world whether it be a case that happens right here on Fort Belvoir or one that's happened with our deployed troops in Afghanistan," Saladino said. "Those cases that warrant review will be reviewed in extreme detail in the U.S. Army court of criminal appeals ... to ensure that military justice is served throughout the world."

Penland said he was both happy and humbled to be selected for the assignment and considers it a significant accomplishment.

Penland's previous assignments include staff judge advocate, 1st Cavalry Division, Fort Hood, Texas; legal advisor, Standing Joint Force Headquarters, U.S. Northern Command, Peterson Air Force Base, Colorado; and deputy staff judge advocate, Fort Carson, Colorado.

He said the judges must "demonstrate sound judgment without any prejudice for or against either side."

"There is an expectation that despite whatever the popular sentiment is at the time about a certain offense … that we act with impartiality guided only by the law and our conscious," he said.

Tozzi also said he was extremely honored to be part of the ceremony and the U.S. Army Court of Criminal Appeals.

His assignments include U.S. Army Judge Advocate General's Corps; senior judge, U.S. Army Court of Criminal Appeals; and Chief, U.S. Army Environmental Law Division and command counsel, U.S. Army Environmental Command, Aberdeen Proving Ground, Maryland.

USALSA is a legal office with almost 500 civilian and active-duty personnel, which provides legal support all over the world, Pede said.

"The Military Justice Act of 1968 was a watershed moment in our military justice history, which created trial judges at the trial level just like the civilian courts and created this court," he said. "From that point forward, we've established a reputation as an excellent reflection of justice and due process in the criminal justice arena."