Deceased/Not Found Philippines - Ensign Andrew Muns, 24, Subic Bay, 17 Jan 1968 *M. LeBrun guilty*

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Andrew Lee Muns, Ensign, United States Navy
 
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Muns and LeBrun served as shipmates during the Vietnam War aboard the U.S.S. Cacapon.   Ensign Muns served as the disbursing officer, and LeBrun served as the disbursing clerk.   On January 16 or 17, 1968, while the U.S.S. Cacapon was moored in the Subic Bay, Muns disappeared.   After conducting an investigation into Muns' disappearance, the Navy concluded that Muns had stolen $8600 from the disbursing office and had deserted.   Thirty years later, still unconvinced of her brother's wrong-doing, Muns' sister convinced Special Agent Peter Hughes of the Naval Criminal Investigative Service (“NCIS”) Cold Case Homicide Unit to reopen the investigation.

In the fall of 1999, NCIS agents conducted four interviews with LeBrun.   On each of these four occasions, LeBrun cooperated with the investigators and voluntarily answered questions regarding Muns' disappearance.   On three of these occasions, he was given his Miranda warnings by the interviewers.   During an interview conducted on November 20, 1999, LeBrun told NCIS agents that he realized that he may have been involved in the death and disappearance of Ensign Muns. LeBrun also told the agents that he felt that he had repressed memories, and he asked Agent Hughes if he knew of a therapist who could help LeBrun recover those memories.   After completing the first round of interviews, the NCIS agents did not have any further significant contact with LeBrun for approximately ten months as they continued to investigate other leads.   By September of 2000, however, the NCIS had focused on LeBrun as the lead suspect in the case.   At that time, NCIS agents decided to interview LeBrun again.

On September 21, 2000, NCIS Special Agent Early and Corporal Hunter of the Missouri Highway Patrol arrived unexpectedly at LeBrun's place of employment.   Hunter told LeBrun that he and Early were conducting an investigation and requested that LeBrun accompany them to the Missouri Highway Patrol office to participate in an interview.   Although the officers did not tell LeBrun the subject of their investigation, LeBrun agreed to accompany the officers because he thought that the officers might be investigating certain criminal allegations concerning LeBrun's employer.   At the officers' suggestion, LeBrun rode in the front seat of an unmarked patrol car to the station house.   The door was unlocked during the trip, and LeBrun was not restrained in any manner.

After they arrived at the patrol office, but before they went inside, Agent Early told LeBrun that he was not under arrest, that he was free to terminate the impending interview at any time, and that he was free to leave at any time.   He was also told that he was subject to audio and visual recording anywhere inside the building.   The officers then took LeBrun inside the office to a windowless interview room.   The authorities had prepared the room prior to LeBrun's arrival, adorning the interview room walls with enlarged photographs of scenes from LeBrun's life.   After LeBrun took a seat, NCIS Agents Early and Grebas identified themselves and initiated the interview.   At no point immediately prior to or during the September 21, 2000, interview did the agents recite to LeBrun the Miranda warnings.   The district court found that the decision not to warn was a conscious one made by the interviewers.   Special Agent Early testified that no warning was thought necessary because it was not an under arrest custodial situation.

Despite the agents' failure to recite the Miranda warnings, LeBrun testified at the suppression hearing that at the time of the interview he understood what his Miranda rights were.   LeBrun also testified that at the time the interview commenced he believed that he was not in custody and that he was free to leave at any time. The government concedes that the officers used psychological ploys during the course of the interview to facilitate a confession.   For example, the agents told LeBrun that he was the prime suspect in Muns' death and that they had significant evidence establishing that LeBrun was the killer.   The agents also told LeBrun that a protracted trial in a distant district would drain his financial resources and would ruin his family's reputation.   At no point, however, did the agents shout at LeBrun or use physical force against him.   After approximately thirty-three minutes of questioning, LeBrun confessed to the crime.   LeBrun explained that while he was robbing the safe, Ensign Muns walked into the disbursing office.   He confessed that he rushed Muns and killed him by strangling him and then smashing his head against the deck of the disbursing office.   At the agents' urging, LeBrun then physically reenacted the robbery and attack.   He also explained how he had dumped Muns' body and the missing money into a tank of caustic fuel oil to dispose of the evidence.

After LeBrun confessed to the killing, Agents Early and Grebas asked whether he wanted to apologize to Muns' sister, Mary Lou Taylor, who had flown in from Milwaukee to assist in the interrogation if it became necessary.   He indicated that he did.   Dr. Taylor, accompanied by Agent Billington, who was posing as Muns' brother and whom the agents had told LeBrun was stricken with cancer, then entered the interview room.   LeBrun acknowledged to Taylor and Billington that he was responsible for Muns' death, and he apologized.   After the agents had completed their questioning, LeBrun consented to having his house searched.   LeBrun then withdrew a cellular telephone from his pocket and called his spouse.   The agents drove LeBrun to his house and searched it.   After conducting their search, the officers left LeBrun at home.   They did not arrest him that day.

LeBrun was arrested at a later date and charged with felony murder ...

LeBrun appealed his trial on the basis that he was not accorded his Miranda rights to self incrimination prior to his confession to the murder of Mun. The below link provides an in depth discussion of the case and the appeal.

LINK:
FindLaw's United States Eighth Circuit case and opinions.
 
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Ensign Andrew Lee Muns, US Navy (1943-1968)

It was 1968; the U.S. was waging an increasingly unpopular war in Vietnam and sailors went missing all the time. Muns was the new paymaster aboard the USS Cacapon, a refueling ship based at Subic Bay in the Philippines, a forward staging area for U.S. forces in Vietnam. When he dissapeared, the Navy discovered that $8,600 was missing from the ship's safe; since Muns had access to safe, officials decided that he had taken the money and run. Case closed.

But Muns' sister, Mary Lou Taylor, couldn't accept the official version of her brother's disappearance. She vowed to uncover the truth and restore her family's honor. "It broke my father's heart … He literally had a heart attack three years later," said Taylor." I'm not blaming the Navy for his heart attack, but it was harder than just losing a son." A generation later, Taylor's search has led to a shocking confession that sheds new light on the case and helps lift the shadow that has hung over her brother's memory.

A Generation of Grief
In the mid-1970s, after years of holding out hope that Muns might return, his family decided to have him declared legally dead. But when they asked the Navy to supply an American flag to present to his family at the memorial service, the Navy refused "'Oh, no, they would never do that,'" Taylor says she was told. "'That's for honorable discharges.'" And so the Muns family was left without answers, without a body and without an honorable end to their grief.

Eventually, Taylor decided to change that. She turned to the Internet, posting a message on a Vietnam veterans' message board looking for sailors who served with her brother on the Cacapon. In a stroke of luck, a former member of that crew, Tim Rosaire, had just logged on to the bulletin board for the first time. "I instantly knew what it was," he said. "I wrote her back saying, 'Yes, and I may have been one of the last people to see him.'" Rosaire had been the ship's journalist, publishing a newsletter and a kind of yearbook. He had used Muns' cabin as his office during the day and got to know the young ensign. "I knew him well enough to know that he wouldn't have stolen the money," said Rosaire, who supplied Taylor with names and some photographs of other crew members. Taylor tracked down the ship's captain, only to learn that he had recently died. But his widow told Taylor her husband had been haunted by Muns' disappearance, suspecting that Muns may have been the victim of foul play. Taylor combed through the Navy's original reports of the investigation, and found things that didn't add up. "There were people on the ship who were deliberately lying to create a motive for why Andy would have left," she concluded. And while $8,600 was missing, there was $51,000 left the safe. If her brother had stolen the money, why not all of it?

Reopening the Case
The Muns family wanted the case reopened, but the Navy said substantial new evidence was needed to do so. So in the mid-1990s, Taylor set out to find that evidence. She found the agent who had originally investigated the case for the Naval Investigative Service, Ray McGady. He was retired and living in North Carolina. McGady told Taylor he remembered the case of her brother's disappearance very well. "Probably better than any other case I've ever, ever worked," he said. McGady helped Taylor get the attention of Pete Hughes, head of the newly created "cold-case" squad at the Naval Criminal Investigative Service. Hughes soon agreed that there were a number of questions that remained unanswered. "We saw some things that didn't make a whole lot of sense and caused us to want to reactivate the case," he said.
Thirty years later, for the first time, the focus now shifted from a theft to a homicide. Hughes assembled a team of homicide investigators, including a criminal profiler. They studied the statements from 1968 and began reinterviewing crew members.

A Confession on Videotape
Suspicion began to focus on several former crew members, including Michael LeBrun, who was living outside Kansas City, Mo., selling real estate. In 1968, LeBrun worked in the disbursing office with Muns, had access to the safe and was one of the first to suggest that Muns might have deserted. Hughes knew that without a body or any physical evidence, the only way to make a case was to get LeBrun to admit to the murder. After four interviews with LeBrun, Hughes devised a strategy: Taylor would attend the next interview with LeBrun. Eventually, LeBrun's defenses crumbled, and he described in detail how he had strangled Muns. He said that he had stolen the money and that Muns had caught him. LeBrun said he panicked and killed the ensign. Investigators say that to cover up the murder, Lebrun explained how he dumped the body in one of the ship's huge oil tanks. Muns' body was never found. The interview was recorded on videotape. Lebrun was charged with murder. But he pleaded not guilty and is out on bail.

In a statement to 20/20, LeBrun said that agents had "lied to me about evidence they had against me [they had none], and applied intense psychological pressure, again pre-planned, threatening me with the loss of my family, property, and reputation by prosecuting me for premeditated murder … I was faced with the possibility of either being wrongfully convicted, and the certainty of being financially ruined … or, as the Federal agents said, I could admit to a lesser crime on which the statute of limitation had run out and would not be prosecuted."

A federal judge has agreed, in part, ruling that prosecutors cannot use the videotaped confession because LeBrun's constitutional rights were violated. The judge found that LeBrun had been advised of his rights at several previous meetings, but not at the last interview when he allegedly confessed. U.S. District Judge Dean Wipple wrote that it appeared agents "gradually overwhelmed LeBrun's will … lying about evidence against him … promising him he would not be prosecuted if he confessed …" Without a legal and reliable confession, the government does not have much of a case. They are filing an appeal of the confession ruling.

Restoring Honor
But Taylor said she finally got what she was looking for. "I still don't care whether this man goes to jail, I really don't," she said. "In some way, I feel like he's been paying for this his entire life, whether he knows it or not." This summer, 33 years after Muns disappeared aboard the Cacapon, a ceremonial casket covered with an American flag made its way to a gravesite in Arlington National Cemetery. Friends, family and naval criminal investigators came from around the country to watch as Muns was given full honors in recognition of his service to the Navy and his country. Muns is no longer classified as a deserter.

"This is what I would like my parent to have had 33 years ago," said Taylor. "I'm very proud of my brother. He was a very honorable person."

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LINK:
 
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Bumping this thread up.
 
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'Dec 14, 2024 #ColdCaseFiles
After U.S. Navy sailor Andrew Muns disappears in 1968, the Navy claims that Muns went AWOL from his ship. But his sister works tirelessly for over 30 years to prove that Muns was really killed, in Season 5, Episode 9, "NCIS / Exhuming the Truth."
 
  • #28
To to track down the oil bins it sounds like
 

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