Cadet fears an unfair trial/ Air Force investigation into sex scandal

0 Comments | Gazette, The (Colorado Springs), May 8, 2003 | by PAM ZUBECK

The politically charged atmosphere at the Air Force Academy makes a fair trial unlikely for a cadet accused of sex crimes, a civilian defense lawyer said Wednesday.

Despite Jason Nicklas Lewis' decision to waive his Article 32 evidentiary hearing Wednesday and not attend, two witnesses testified Lewis tried to talk them into having sex with him.

"The environment here is such that it would be almost impossible for any male cadet facing sexual assault allegations to get a fair trial," said Frank Spinner, a Colorado Springs attorney.

Spinner accused Air Force Secretary James Roche and Chief of Staff Gen. John Jumper, who have said they won't tolerate sexual misconduct, of making statements that have "tainted" the judicial process.

Roche and Jumper declined through a spokesman to comment.

Lewis, charged with two counts of sexual harassment and one count of indecent assault, is the first to be prosecuted since the academy sex scandal broke this year. Dozens of women say their reports of sexual assault during the past decade were met with indifference or punishment for rules infractions.

The claims spawned four investigations, one of which led to sweeping changes in the academy's leadership and policies.

Lewis waived the hearing Wednesday, Spinner said, because he's aware of the witnesses' claims, and "there's no need to interview them again on the stand."

He called the case a "he said, she-said" matter in which consent is in dispute.

Lewis will seek a change of venue or ask the superintendent to step aside based on "the appearance of unlawful command influence," Spinner said.

The investigating officer, Maj. Dawn Zoldi, will make a court- martial recommendation to the superintendent, who will decide whether to convene a court-martial.

Commandant of Cadets Brig. Gen. Johnny Weida is acting superintendent until Maj. Gen. John Rosa Jr. arrives.

Ifa court-martial is convened, Spinner said, Lewis will plead innocent.

"This was scheduled to be a disenrollment hearing back in January," Spinner said. "It was only after media interest was expressed and events here at the academy that it was pulled away" from disenrollment.

The academy issued a prepared statement that said, "The convening authority's decision will be made in view of the best interests of the Air Force, the victim, and the accused.

"The Air Force and the academy are committed to providing each accused person a fair and impartial resolution of his or her case."

During testimony, two women said Lewis, a junior who had authority over both freshmen at the time of the Nov. 17 incidents, tried to goad them into having sex.

The first, from Houston, recounted how Lewis ordered her into his room, locked the door and quizzed her about her sex life.

"He asked me if I had ever played with a guy, and I said, 'No, no, that's another thing I don't plan on doing,'" she said.

She left Lewis' room and a week later learned of a similar incident involving another cadet.

That witness, from Miami, said she voluntarily left the school Dec. 18 after becoming disenchanted for several reasons.

She testified Lewis lured her to his room, bolted the door, talked of sex and then forced her to stroke his penis until he ejaculated on her shirt, arm, shorts, a trunk and floor.

Later, she said Lewis told her, "Sorry, but I feel so much better."

She said she repeatedly told Lewis no and made up a story about having a boyfriend who wouldn't approve.

She said her shorts, soiled with semen, have been preserved as evidence.

The former cadet testified that when she talked about the incident with her training group commander, Col. L. Sue Slavec, she was told, "Too bad it was consensual, so case closed."

Slavec was one of the four top officers reassigned in the housecleaning at the academy.

Under questioning from investigating officer Zoldi, the woman said she had faced an honor code violation for lying, though she was later cleared, and had other problems with military discipline.

She acknowledged she told her roommate she helped Lewis masturbate to avoid having sex with him.

The two alleged victims reported the incidents after talking together despite Lewis' pleas not to.

Five witnesses are expected to testify today.

CONTACT THE WRITER: 636-0238 or zubeck@gazette.com