"If American goes to World War III, I'll be in the front line. This is a great country."

That was Navy officer Elisha Leo Dawkins today after accepting pretrial diversion before Judge Altonaga. Gotta love that quote. Can't imagine a jury would convict a guy like that, but it's almost impossible to turn down diversion. From the Miami Herald:

In a surprise, his court-appointed lawyer Clark Mervis notified Judge Cecilia Altonaga that they had accepted the offer late Monday. Details were still secret Tuesday but his attorney said it did not address the issue of Dawkins’ citizenship. Separately, the U.S. immigration agency has agreed not to detain him on a 1992 removal order.

Experts have said such pre-trial probation packages typically involve rehabilitation, pledges to stay out of trouble and to undertake community service.

Altonaga agreed to abort the trial and send him to the program, provided Dawkins pay $1,600 in jury fees -- $40 to each citizen in a pool of 40 jury candidates assembled Tuesday morning, plus parking and transportation fees.

The debt became part of his probationary agreement.

In court, prosecutor Michael O’Leary said the sailor had a change of heart after hearing the case laid out in trial preparation on Monday. Federal prosecutors had made the offer, said O’Leary, because “his military service did mitigate” any alleged crime.

Outside court, Dawkins declined on the lawyer’s advice to explain if he still believed he was a U.S. citizen.

He declared that “the next project here” is sorting out “that situation” -- but said his experience persuaded him of the need to pass The Dream Act. It lets the children of foreigners who serve in the U.S. military attain American citizenship.

The case of the man who says he grew up believing he was American, that’s why he enlisted, energized pockets of Miami and the military.

“I’m almost speechless. It’s a kinder, gentler day over there. It happens so infrequently.”

That was Judge Altonaga at a hearing on a passport fraud violation for a Navy petty officer after the government offered pretrial diversion. Both the NY Times and the Miami Herald has been covering the case. From the Herald:

While common in state court, pretrial diversions are so rare in the South Florida federal system that Altonaga said it left her “speechless,” and appeared to reflect “a kinder gentler” prosecutorial office.

They happen so infrequently, she added, that it was unclear whether the clerk’s office in the downtown Miami courthouse knew how to process one.

The idea is to give someone facing charges an opportunity to avoid prosecution through a program designed by the U.S. Probation Services, such as doing community service or perhaps taking a civics class.

Without speaking to the specifics of the Dawkins case, Todd W. Mestepey deputy chief of special prosecutions at the Miami U.S. Attorney’s Office, explained it this way Tuesday:

“Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed. Unsuccessful participants are returned for prosecution.”

***

Mestepey said the Department of Justice and U.S. Attorney’s office consult through their chain of command on a “pretrial diversion” package.

“Politics do not play a role in the decision,” he added.

In court, the case prosecutor, Olivia S. Choe, also raised with the judge the issue of what she called “pretrial publicity” in the case. The New York Times, Miami Herald, CNN and Wired magazine had all put a spotlight on the case of the combat vet turned captive, with the Associated Press distributing a version of The Herald’s article.

The judge seemed unconcerned. “I read one,” she replied, without specifying.

I bet it wasn't Wired...