Strait of Juan de Fuca Laser Incident - Lawsuit and Purple Heart Request

Lawsuit and Purple Heart Request

In October 2002, Daly sued the the Russian Far Eastern Shipping Company, owner of the Kapitan Man, in federal court. In his opening statement, Daly's lawyer laid out their side of the case. The company's lawyer countered that there was no positive evidence of a laser on the ship. The jury deliberated for a day and ruled that the laser attack could not be linked to FESCO. Daly's lawyer told the press that the case was hampered by U.S. government resistance and unfavorable rulings by the judge.

In September 2004, the Chief of Naval Operations denied an Inspector General's recommendation that Daly receive the Purple Heart award. Part of the CNO's denial stated “In summary, even assuming that the injuries were indeed caused by a laser aimed from the Russian-flagged merchant vessel Kapitan Man, there is no basis to declare that ship a hostile force or the incident a terrorist act.... hile we regret any injuries Lt. Cmdr. Daly sustained while in service to his country, the facts of this case do not support an award of the Purple Heart."

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