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Coast Guard rape conviction overturned after courtís scathing attack on women-packed jury
The Washington Times ^ | January 28, 2018 | Rowan Scarborough

Posted on 01/28/2018 3:53:22 PM PST by jazusamo

The nation’s highest military court has thrown out the 2012 rape conviction of a Coast Guard enlisted man because admirals and prosecutors packed the seven-member jury with five women, four of whom held jobs as advocates for victims of sexual assault.

In a 5-0 ruling that could change how the military conducts sex abuse trials, the U.S. Court of Appeals for the Armed Forces unleashed caustic criticism of all involved.

From the Coast Guard commandant down to an appellate court to the original trial judge, the high court said all contributed to a “stain on the military justice system.” The military has been under intense pressure to wipe out sexual harassment and assault, the five civilian judges noted.

The opinion, delivered by Judge Margaret A. Ryan, said the four admirals who played a role in assembling the officer and enlisted jury pool produced an illegal “gender-based court stacking.” She suggested that the admirals’ role amounted to unlawful command influence, which military law analysts see as the enemy of fair trials for service members.

The court ruling said the trial judge “failed to conduct even a rudimentary investigation” into defense attorneys’ complaints of an unfair jury.

It also said the Coast Guard Court of Criminal Appeals failed in its duty to protect against unlawful command influence as it “rationalized the error away as a benign effort to seek inclusiveness.”

“Yet the error in this case is both so obvious and so egregious that it adversely affected not only Appellant’s right to a fair trial by an impartial panel, but also the essential fairness and integrity of the military justice system,” Judge Ryan and the four other judges wrote.

Even worse, the high court suggested that the enlisted man never would have been convicted by a more gender-proportionate jury...

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


TOPICS: Crime/Corruption; Foreign Affairs; News/Current Events
KEYWORDS: 2012; admirals; coastguard; corruption; courtsmartial; injustice; johncriesbeck; margaretaryan; margaretryan; megryan; overturned; overturnedwprejudice; paulfzukunft; paulzukunft; rape; rapeconviction; riggedjury; sexabuse; stackedjury; uscoastguard; victimadvocates; zukunft
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The supposed rape took place in Puerta Vallarta, Mexico in Sept, 2010. Seaman S reported the supposed rape on 18 April, 2011.

Coast Guard Commandant Paul F. Zukunft, one of the admirals involved in jury selection, told a hearing judge that he was unaware of jury stacking.

Thankfully the highest military court court overturned this kangaroo court conviction.

1 posted on 01/28/2018 3:53:22 PM PST by jazusamo
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To: jazusamo

Based upon some transgendered related comments by the current Commandant of the Coast Guard, I’d say that the ranks of the Coast Guard are the most infiltrated by social justice warriors of all the services.

Thanks Obama ... thanks for nothing!


2 posted on 01/28/2018 3:59:56 PM PST by House Atreides (BOYCOTT the NFL, its products and players 100% - PERMANENTLY)
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To: jazusamo

Disgusting.

The perfumed princes danced for the politically correct.


3 posted on 01/28/2018 4:04:51 PM PST by MarvinStinson
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To: jazusamo

Disgusting.

The perfumed princes danced for the politically correct.


4 posted on 01/28/2018 4:05:02 PM PST by MarvinStinson
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To: MarvinStinson

Seven years of this guy’s life affected by flimsy charges.

At least maybe his example will help others.


5 posted on 01/28/2018 4:08:18 PM PST by CondorFlight
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To: House Atreides

And props to Judge Ryan; she’s proving that it’s not completely corrupted and that there is still hope.


6 posted on 01/28/2018 4:09:57 PM PST by House Atreides (BOYCOTT the NFL, its products and players 100% - PERMANENTLY)
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To: jazusamo
Gosh, I love it when stuff like this comes down.

Careers ruined, reputations built up over lifetimes besmirched...

It's like Christmas morning everyday.

7 posted on 01/28/2018 4:10:30 PM PST by billorites (freepo ergo sum)
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To: House Atreides

That’s a possibility and it does reflect on 0bama and his dislike of our military.

Looks like this courts-martial panel and the CG Court of Criminal Appeals were wearing blinders on this case or were told the verdict that the high ups wanted, I’d guess the latter.


8 posted on 01/28/2018 4:10:46 PM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: jazusamo

So the only consequence for the scrambled egg types is opprobrium? No fines? No reduction in rank? No assignment to Attu?


9 posted on 01/28/2018 4:11:17 PM PST by pa_dweller (Forecast: Horizon darkening with chickens coming home to roost.)
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To: MarvinStinson

Bump!


10 posted on 01/28/2018 4:12:30 PM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: jazusamo

Good judge for slamming these crooked admirals.

Margaret A. “Meg” Ryan (born May 23, 1964) is a Judge for the United States Court of Appeals for the Armed Forces (CAAF). She joined the court in 2006 after being nominated by President George W. Bush.

Hope these admirals are drummed out.


11 posted on 01/28/2018 4:17:08 PM PST by piasa (Attitude adjustments offered here free of charge)
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To: jazusamo

“Coast Guard Commandant Paul F. Zukunft, one of the admirals involved in jury selection, told a hearing judge that he was unaware of jury stacking.”

Very Hillary-esque, Admiral. What’s next? A “that will not be proved?”


12 posted on 01/28/2018 4:17:13 PM PST by Tallguy
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MAGA!

Support Free Republic, Folks!

Please bump the Freepathon or click above to donate or become a monthly donor!

13 posted on 01/28/2018 4:18:16 PM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: CondorFlight
where did it say the charges were flimsy?...

usually, when a verdict is overturned for jury stacking or some technicality, its because the shyster lawyers found nothing wrong with the evidence...

I agree that juries should be impartial but do we quiz the men now to see what their attitudes toward rape are?...do they use porn depicting women in degradation?....

the game can be played either way...

its too bad our country is so divided that we mistrust everyone and their brother..

14 posted on 01/28/2018 4:25:25 PM PST by cherry
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To: jazusamo

More leftist corruption.


15 posted on 01/28/2018 4:27:05 PM PST by SaraJohnson ( Whites must sue for racism. It's pay day.)
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To: jazusamo

Zukunft needs to go. Liberal chair-borne paper pusher.


16 posted on 01/28/2018 4:27:44 PM PST by MSF BU (Support the troops: Join Them.)
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To: jazusamo
admirals and prosecutors packed the seven-member jury with five women,

Maybe problem, maybe not.

four of whom held jobs as advocates for victims of sexual assault.

And there we have the problem.

It is like putting the ACLU on the jury in a religious liberty case.

You have weighed the jury.

17 posted on 01/28/2018 4:28:30 PM PST by Harmless Teddy Bear (Not a Romantic, not a hero worshiper and stop trying to tug my heartstrings. It tickles! (pink bow))
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To: cherry
where did it say the charges were flimsy?...

Read it again.

18 posted on 01/28/2018 4:29:32 PM PST by piasa (Attitude adjustments offered here free of charge)
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To: cherry
“The Government’s case was weak, primarily based on the testimony of [name redacted], the putative victim, who was unable to remember many of the events surrounding the crime due to alcohol use and whose testimony was controverted by other witnesses at trial,” the opinion read.
19 posted on 01/28/2018 4:32:07 PM PST by piasa (Attitude adjustments offered here free of charge)
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To: cherry

On top of it she waited a very long time to report the alleged rape.

And, the hearing officer recommended dismissing the case because it was so weak but he was overruled by an admiral.


20 posted on 01/28/2018 4:36:38 PM PST by piasa (Attitude adjustments offered here free of charge)
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