Plea Bargin

Why is Terry Helvey still in prison? His plea agreement with the Navy called for no more than five years' confinement.

The Navy applied tremendous pressure to Mr. Helvey, then only 20, to secure his plea to a murder charge. His was a capital case, until that plea. Mr. Helvey's own counsel exhibited a photo of the electric chair in which, defense counsel said, the Navy proposed to burn him alive--should he be convicted, as counsel indicated he surely would.

But threats were only part of the inducement to plead. There were also assurances, conveyed Mr. Helvey directly by the Convening Authority's Force Judge Advocate, and the Military Judge, that Mr. Helvey would serve no more than five years.

Yet, having secured Mr. Helvey's plea, by threats of a grisly death if he went to trial, and by promises of great leniency if he plead; the Navy now refuses to honor commitments, most solemnly and authoritatively undertaken. Mr. Helvey has been confined continuously since 28 October 1992. Even ignoring the Navy's "no more than five years" commitment, the "Salient Factors" test called for his release after 8 years' and 4 months' confinement, or by 1 March 2001.

Again, why is Mr. Helvey still confined? Did someone forget about him? "You're like the garbageman--someone everybody needs, but no one wants around after the job is done." [Government assassin's lament in CBS's "Now and Again", 15 October 1999].

The assurances provided Terry Helvey, that he would serve no more than five years, were given Terry personally, and not through intermediaries--

On the strength of these commitments, Terry entered his plea. These are the plain facts of the case. Better than anything, they illustrate the Navy's involvement in Schindler's murder.

For comparison's sake, Charles Vins, who actually stomped Schindler to death, received immunity from (further) prosecution; four months' confinement; forfeiture of pay and allowances; reduction in grade to E-1; and a bad conduct discharge.

Neither Enforcer lookout was prosecuted for anything. One received immunity--ostensibly for his testimony against Terry on a peripheral issue, but really for his role in the murder and for his silence. It's unknown, at this time, whether the remaining lookout was immunized or not.