Posted on 04/27/2005 7:54:04 AM PDT by Former Military Chick
If she's lying, she *will* be punished to the fullest extent of the UCMJ.
No, not all soldiers get hand-to-hand combat training during pre-deployment. In fact, most only get a little in basic training or AIT and never practice it again.
Don't bet on it. The burden of proof that she lied is tougher to achieve than the burden of proof for the rape charge against Hall. The jury finding Hall innocent doesn't constitute proof that she lied. Unless they come up with overwhelming proof that she lied, they'll never recall her to active duty to prosecute her.
ACQUITTED!!!!!
found at: http://www.sunherald.com/mld/sunherald/news/state/11505154.htm
Army officer acquitted of raping soldier in her barracks room
SAMIRA JAFARI
Associated Press
FORT RUCKER, Ala. - An Army officer was acquitted by a military judge Wednesday of raping a soldier in her barracks room, a claim the defense said she concocted to keep from being sent to Iraq.
First Lt. Mike Hall, 35, of Nashville, Tenn., was also acquitted on an adultery charge but convicted of having sex without informing his partner that he had genital herpes.
Hall had testified in his court-martial that a night of dancing, flirting and kissing with 1st Lt. Jennifer Dyer, 26, last August led to consensual sex, not rape as she alleged.
He said Dyer invited him into her room at Camp Shelby in Mississippi and that, during two short episodes of intercourse, he stopped both times when she said "No."
The military judge, Col. Richard Gordon, was to hold a sentencing hearing on the sex transmission charge later Wednesday.
In closing statements, defense attorney Victor Hall said Dyer, a National Guard soldier from New Jersey at the time, was desperate to avoid deployment to Iraq and contrived the rape claim as a last resort.
"Michael Hall became a target of her action," he said.
The prosecutor, Capt. Richard Dodson, said the evidence against Hall showed he "has no respect for Army values."
Dyer went public with her story on CBS' "60 Minutes," complaining that Army investigators doubted her claim and put her in a hotel room without access to a phone for two days. After being given two weeks' convalescent leave by the Army, Dyer refused to return to Camp Shelby, and was not there when her unit was sent to Iraq.
Dyer has since been honorably discharged and returned to her law enforcement job with a sheriff's department in New Jersey.
Looks like the rape charge was to cover-up the STD she got (and didn't want to tell her fiancee about) after all.
"But a medical expert testified that it takes at least two weeks to test positive, an indication Dyer had the disease prior to Aug. 9."
found at: http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20050427/NEWS01/50427014/1002
April 27, 2005
Sex with fellow soldier consensual, not rape, Army officer testifies
By Samira Jafari
The Associated Press
FORT RUCKER, Ala. — An Army officer accused of raping a soldier in her Camp Shelby, Miss., barracks room testified today that a night of dancing, flirting and kissing led to consensual sex, not rape.
First Lt. Mike Hall told a military judge at his court-martial that 1st Lt. Jennifer Dyer invited him into her room and that, during two short episodes of intercourse, he stopped both times when she said "No."
Dyer, 26, who was a National Guard soldier from New Jersey at the time, testified earlier that Hall forced her to have sex twice early on Aug. 9, 2004, at Camp Shelby in Mississippi. Hall, 35, of Nashville, Tenn., told the military court today the sex was consensual.
The defense contends Dyer made up the rape story to get out of the Army and to avoid being deployed to Iraq. Dyer claims that Hall, once in her room, grabbed her hair, tore off her clothes and forced her to have sex while she was too afraid to call out for help in the barracks.
Along with the most serious charge of rape, Hall is charged with adultery and knowingly transmitting a sexual disease without informing the partner.
Hall, whose wife has sat outside the courtroom daily and held hands with him before proceedings, was cross-examined by prosecutors concerning the adultery charge. "My marriage matters," he said.
Hall said he has known since 1997 that he has genital herpes but a doctor told him that he had "no chance of being contagious if I was not symptomatic" or experiencing an outbreak at the time of sex.
Dyer, who got married after the alleged rape and is now eight months pregnant, tested positive for genital herpes on Aug. 13, 2004. But a medical expert testified that it takes at least two weeks to test positive, an indication Dyer had the disease prior to Aug. 9
In his testimony, Hall said he met Dyer briefly on the afternoon of Aug. 8 and later offered her a ride to the officers club. He says she flirted with him by leaning close in conversation, touching his arm and revealing a tattoo on her lower back by pulling down the waist of her pants.
He said they slow-danced and she tried to teach how to say "take me home, take me to bed" in Arabic.
Hall said they did leave the club separately without Dyer saying goodbye to him. But he said they ran into each other outside their barracks, Dyer approached him and they started kissing. When they both realized it was risky to kiss outside the barracks, Dyer offered that they go to her room, where they began having intercourse, he said.
"We were having sex and it was not long at all before she said, 'No.' I immediately rolled off," Hall testified. "As any guy would, I made sure she meant 'No,"' Hall said, without elaborating.
He said he then wanted to leave because "I didn't want to feel like I was raping her." But he said when he tried to leave, Dyer approached him at the doorway, they started kissing and began to have sex again. They had just begun, he said, when Dyer again said "No. I can't do this."
He said he left and went to sleep in his nearby room until military police woke him up a few hours later.
Dyer, called back to the witness stand Wednesday, denied showing the tattoo to Hall at the club and trying to teach him any Arabic. She said she does not speak Arabic.
Dyer testified earlier she went public with the story, on CBS' 60 Minutes, after Army investigators doubted her claim and she was put in a hotel room without access to a phone for two days.
Dyer admitted Monday that she refused to return to Camp Shelby at the end of August, after being given two weeks convalescent leave, and missed her unit's deployment to Iraq in November.
Dyer renewed her resignation request in December 2004 and was granted an honorable discharge in January, backdated to Aug. 31, 2004, to eliminate the time when she was AWOL. The 60 Minutes interview was broadcast in February.
Dyer eventually returned to work in her law enforcement job at the Salem County Sheriff's Department in New Jersey.
You turn away from the computer and look what happens all sorts news occurs. Thank you for posting the article to this thread, I know some will be appreciative of having the whole story.
Thanks for the ping, FMC.
I noticed that the later posts had the rest of the story. Dyer was a 1LT, being deployed to Iraq, and a deputy sheriff. But after leading Hall to her room, she was too afraid to cry for help? Right......
A "Kinder, Gentler, Military" ping!
Evidently the jury did not buy it he was found not guilty.
So does her "honorable discharge" remain the same after making these claims on CBS no less?
Wow, a female police officer and National Guardsman can't even defend herself???
Egads -- thank God she wasn't sent to Iraq to endanger the lives of our true heroes!!!
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