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Naval Academy chief discusses sexual assault case [Case to big to fail]
Stars & Stripes ^ | 12/9/2013 | BRIAN WITTE

Posted on 12/09/2013 5:46:12 PM PST by markomalley

The U.S. Naval Academy superintendent said Monday that he decided to court-martial two midshipmen in a sexual assault case against a military judge's recommendation because it is his duty to make sure the charges are fully examined.

Vice Adm. Michael Miller decided in October to court-martial Midshipman Eric Graham on a charge of abusive sexual contact and Midshipman Joshua Tate on a charge of aggravated sexual assault of a female midshipman during an off-campus party last year. He spoke of his decision for the first time publicly on Monday during a break at a meeting of the academy's Board of Visitors.

"I wanted to ensure that after all of the investment of the time here that we were able to say, yes, we looked at this in great detail and that either there was an offense or there was not, and the only way I could get to that was through a court-martial," Miller said when asked about his decision by The Associated Press.

A military judge had recommended in a 171-page report that the cases not move forward. While the investigating officer found reasonable grounds to believe offenses may have been committed, he said heavy damage done to the alleged victim's testimony made it difficult "if not impossible" to prove the case beyond a reasonable doubt.

(Excerpt) Read more at stripes.com ...


TOPICS: Extended News; Government
KEYWORDS:
So he knows that they can't get a conviction, but, well, they've invested too much in the investigation to not proceed with a court martial.

WTF?

Obama Logic.

1 posted on 12/09/2013 5:46:12 PM PST by markomalley
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To: markomalley

Because its the seriousness of the charges which count


2 posted on 12/09/2013 5:49:52 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: markomalley

In todays PC military it’s CYA for Miller.


3 posted on 12/09/2013 5:54:23 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: markomalley
the prosecution has the responsibility to judge the evidence that they can present....

however, in these kinds of cases, where someone is drunk/drugged....all too common....there has to be a slightly lower burden of proof, at least to bring it before a jury to decide....

just because you're drinking you shouldn't give up all your rights, or just because someone slips you a drug...which I suspect in the FSU qb's case.....you don't give permission to be raped....

4 posted on 12/09/2013 5:56:21 PM PST by cherry (.in the time of universal deceit, telling the truth is revolutionary.....)
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To: markomalley
The alleged victim has said she was drinking and does not remember having sex with the men at the April 2012 party but heard about it later from others.

She was drinking voluntarily (and in violation of the rules) and doesn't remember what happened, but the Superintendent is going to prosecute two midshipmen under the UCMJ? That might make sense if they had proof beyond a reasonable doubt from witnesses or forensics, but that is clearly not the case. It's quite possible that something inappropriate happened, but to hold a show trial without decent evidence is disgusting.

5 posted on 12/09/2013 5:57:10 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: markomalley

The Naval Academy is in a long lead in the the “who is most politically correct” contest.

Bend over there Navy, Obama wants a good carrier landing.


6 posted on 12/09/2013 6:00:42 PM PST by Da Coyote
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To: markomalley

“to” big?


7 posted on 12/09/2013 6:24:13 PM PST by Past Your Eyes (You can't force people to care. Sometimes I don't myself.)
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To: Past Your Eyes
“to” big?

I noticed that shortly after hitting "Posst"

8 posted on 12/09/2013 6:34:45 PM PST by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: cherry

Winston’ accuser described her attacker as being between 5’9” and 5’11”. Winston is 6’4”.


9 posted on 12/09/2013 6:38:15 PM PST by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
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To: markomalley

The alleged victim has said she was drinking and does not remember having sex with the men at the April 2012 party but heard about it later from others.

Looks like she would have noticed some deposits when she showered.


10 posted on 12/09/2013 6:51:43 PM PST by Venturer (Half Staff the Flag of the US for Terrorists.)
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To: cherry

“...which I suspect in the FSU qb’s case.”

http://miamiherald.typepad.com/nakedpolitics/2013/12/winston-will-not-face-rape-charges-family-of-accuser-thanks-prosecutor.html

“Meggs emphasized that he did not need the accuser’s cooperation to go forward with an assault charge “if we have a case we’re going to pursue it” — but in this case there wasn’t enough evidence for him to succeed.

Among the problems, he said, were memory lapses but she was not intoxicated and there was no evidence of drugs in her system. “Her recall of the events of that night have been moving around a good bit,’’ he said.”


11 posted on 12/09/2013 7:10:55 PM PST by EEGator
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To: markomalley

Which is how this guy made flag...
It happens all the time.


12 posted on 12/09/2013 7:52:59 PM PST by matginzac
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To: Da Coyote

Amen...
Case in point: look how ‘47 pumps up Carter....
And how ‘63 treats Ollie....
Recently, the Academy honored Richard Armitage as a distinguished graduate...the guy who lied about exposing Plame as CIA and then let Libbey hang for it...real distinguished.


13 posted on 12/09/2013 7:58:10 PM PST by matginzac
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To: matginzac

Knee pads


14 posted on 12/09/2013 8:22:16 PM PST by batterycommander (a little more rubble, a lot less trouble)
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