Navy Corpsman in Brig in Bomb Threat Probe; Students Vent on Facebook

A Navy medic was being questioned today by military police in the brig at Camp Pendleton in connection with Wednesday's bomb scare at San Clemente High School.

Military officials said they found the threat during a search of Daniel Morgan's belongings at the Camp Pendleton Marine Corps Air Station after he failed to show up for work that morning.

No charges have been filed against Morgan, 22, said Marine spokesman First Lt. Eric Flanagan. He said military authorities had taken over the investigation.

Orange County Sheriff's Department Lt. Steve Doan said the department remains available to assist in the probe, but because the alleged threats were made on the Marine base, Morgan's case falls under the jurisdiction of military law.

While school is back in session today, many students are sharing their reactions to Wednesday's events on a newly created Facebook page. The students are either insulting Morgan, thanking him for getting them out of school early, or both. Nearly 250 people have "liked" the page. (A warning to readers: The page contains vulgar language.)

The 3,200 students and 180 staff personnel were evacuated from the high school Wednesday, the first day of school, after military police notified the Sheriff’s Department of the threat.  

Morgan turned himself in at the base that afternoon. No explosives were found at the school.

Sheriff's spokesman Jim Amormino said that the only discernible connection between Morgan and the high school was its close proximity to the base—the two are about five miles apart. Morgan had been stationed at Camp Pendleton for only a short time, Amormino said.

San Clemente High School Principal George Duarte thanked parents and law enforcement in an open letter posted on the school website yesterday afternoon, after the campus was cleared of danger.

“First, I want to assure you that the entire campus has been checked and given the all clear by law enforcement,” he wrote. “School will be in session tomorrow.  Second, I want to commend the students and staff for their calmness and responsibility. Additionally, I am thankful to the county and federal agencies who responded to keep our kids safe. I also want to thank you parents for the trust you placed in our district’s communication efforts to keep you informed.“

What Morgan May Face

Philip Cave, a retired Navy judge advocate who has a civilian military law practice in Virginia, said Morgan may be facing charges of communicating a threat and/or a hoax related to bombs, two specific charges in the Uniform Code of Military Justice. Military prosecutors could also choose to incorporate state charges, Cave said.

The base commander, Col. Nick Marano, will decide whether to prosecute Morgan in this case, Cave said. He will also pick a jury, or “member panel,” assuming the defendant wants a jury trial.

There must be at least five people on the panel, and a two-thirds majority is necessary to convict, Cave said.

Morgan is entitled to a free military lawyer, or he may pay a civilian one. Assuming there would be a trial, it would begin with an Article 32 hearing, in which the parties are allowed to call witnesses.

From there, the next proceeding would be a court-martial, in which the member panel decides guilt or innocence based on the arguments and evidence. These are generally open to the public, except in cases where national security is concerned—which likely won't be an issue if Morgan is charged.