May 1995: Nary enlisted at 17 1/2 years old in Southern California, Navy becomes Substitute parent when Steven Nary takes the oath and comes under the

Title 32 Code of Federal Regulations 720.6, 720.7, 720.8 refer to agreement required prior to delivery of Federal Military Pesonnel to State Authorities:

Title 32 Code of Federal Regulations 720.20:

Below: testimonial evidence from the pre-trial hearing (Fall 1996), later supressed by Judge Kevin V. Ryan (in September 1999), that confirms that the local San Francisco police (Inspector Bergstrom) knew they had no authoritiy on a U.S. Navy ship.

Naval Investigative Service agent, Susan Kazmer, concealed the fact that the San Francisco police had no authority to remove U.S. Navy Sailor Steven Nary from the USS Carl Vinson. (See telex below). Susan Kazmer illegally turned a fellow sailor, Steven R. Nary, over to the San Francisco Police Department.

Below is her telex. (Note: her telex described the "weapon" as "towel rack/club" when in fact it was a shower curtain rod. This is important as Nary was sentenced to additional prison time because he used a "club".

 

Case law (U.S. vs West) which refers to non-compliance with above law and regulations:

As mentioned in the above case law, this is from 10 USC 814:

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Below is the Delivery Document purportedly allowing Hallinan's representative to remove US Navy Sailor Nary from the USS Carl Vinson. It was falsified. Peter Cling, the person who signed the document falsely impersonated the executive authority of (then) California's Governer Pete Wilson.

Peter Cling, who was an at-will employee of the San Francisco District Attorney, did not even have the authority to commit the City of San Francisco to any agreement -- let alone the State of California.

The following Naval rule should have been followed - but was wilfully disregarded by San Francisco D.A. Hallinan and Captain Buacom of the USS Carl Vinson (the sailor's Captain and ship respectively):

From Department of the Navy (1937)

The above rule was promulgated in 1933 by President Franklin Delano Roosevelt who had been an Undersecretary of the Navy during President Wilson's administration. FDR created this rule in response to long-held prejudice by local authorities against Federal military personnel whose rights were being violated when members of the U.S. armed services were charged with crimes against local civilians. Under the same mandatory code section, Hallinan did not get the PRIOR specific written permission of Secretary of the US Navy, then John Dalton.

 

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Violations of Conditions during Nary's Confinement in a Local Jail

8th Amendment violations: 10 USC 813 violation Denial of Access to Fresh Air, Sunlight, and Outside Exercise.

Federal Military personnel, who are detained in a local jail, have to be kept in conditions equal to that of a military brig. Denial of access to fresh air( 3 1/2 years) outside exercise at least 5 times a week, a minimum of one hour a day, is a gross illegal pretrial punishment.

 

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U.S. Sailor Steven R. Nary was improperly served:

San Francisco District Attorney, Terence Hallinan, unilaterally decided without permission from proper authority (the Governor of California and the Secretary of the Navy), to prosecute this case illegally. The Inspector General of the US Navy, an oversight position, stated in a letter to Mrs. Edith Nary, that "there is no documentation (as is required by federal lawy 32 CFR 720.6 etc.) that the Secretary of the US Navy gave Hallinan/ Wilson & Gov. Davis the federal permission to prosecute Steve Nary, a US Navy Sailor under the PRIOR and continuing jurisdiction of the UCMJ, Universal Code of Military Justice..."

Although the prior permission of both California's Governor Grey Davis, and the Secretary of the Navy, was required by law, Judge Kevin Vincent Ryan and the San Francisco District Attorney, Terence Hallinan, defied Federal and Military law by illegally trying a U.S. Navy Sailor. Steven Nary should have been court-martialed or tried in U.S. District Court.