AFA rules cadet must stand trial/ Decision calling for court-martial

0 Comments | Gazette, The (Colorado Springs), Jul 3, 2003 | by PAM ZUBECK

An Air Force Academy cadet will face court-martial on rape and other charges, contrary to a hearing officer's recommendation.

The unusual decision from Brig. Gen. Johnny Weida, commandant of cadets, suggests to some that politics are in play.

The court-martial announced Wednesday will be the first since dozens of women alleged this year the academy dismissed their rape reports. The claims triggered four investigations and reassignment of four academy leaders. Weida, one of the replacements, is seven days from relinquishing command to incoming Superintendent Maj. Gen. John Rosa Jr. - the last of the team to arrive after top Air Force officials' April housecleaning and policy mandates in response to the scandal.

Weida's decision is important because it might indicate the academy and the Air Force have raised the stakes on sex charges.

Defense attorneys suggest top officials' desire to come down hard on offenders - or at least make a showing in that regard - swayed Weida.

Douglas Meester, 20, is accused of rape, forcible sodomy, indecent assault and conduct unbecoming for supplying alcohol to another minor in connection with an Oct. 18 incident.

At an Article 32 evidentiary hearing May 14, a former female cadet testified she went to Meester's room and drank tequila, downing several shots after licking salt from two male cadets' bodies and letting them do the same to her.

She testified the alcohol made her powerless to resist Meester's advances.

On May 22, investigating officer Maj. Todd McDowell issued a 20- page report recommending the rape charge be dismissed and the others dealt with through nonjudicial punishment.

In a June 20 memo to Weida obtained by The Gazette, Staff Judge Advocate Col. James Moody said, "To be frank, the rape and forcible sodomy charges are unlikely to result in findings of guilty."

But he said the evidence supports the charges and that a court- martial would be "appropriate."

The academy announced Weida's decision Wednesday.

No trial date has been set. A conviction could bring Meester a life sentence.

Some say commanders rarely override an investigating officer's recommendation.

Charles Lucy, a former judge advocate who served at the academy, said he's seen reversals only two or three times during his 30-year career.

Several other former judge advocates agreed it's unusual, but military justice expert Gene Fidell of New York City said it's not unheard of.

"Commanders do bring to bear, and are expected to bring to bear, independent judgment," he said.

The oddity of the decision coupled with the sex scandal might suggest pressure from the top - Air Force Secretary James Roche and Chief of Staff Gen. John Jumper.

Roche and Jumper have said offenders will be dealt with harshly and publicly.

Lucy characterized the atmosphere this way: "What might have been acceptable in the past, simply taking administrative action, quite frankly is no longer going to be acceptable practice.

"That doesn't necessarily mean the case has been prejudged," he said, "but it means they're saying, 'Hey, let's give this case a full and public review."

Frank Spinner, a military lawyer who handled several high-profile cases, including the case of pilot Kelly Flynn, said there's "no question" top leaders are influencing calls.

"The clear message that's been sent to the new leadership at the academy is that we fired your predecessors even when they didn't do anything wrong because they didn't take this seriously enough," Spinner said. "Put yourself in Weida's shoes. Which side are you going to err on? "

Spinner represents Jason Lewis, a cadet who's charged with sexual harassment and indecent assault in an alleged fondling incident.

His court-martial recommendation is pending, and Spinner said he might cite the Meester case in seeking dismissal of his client's charges or moving the trial elsewhere.

"The fact they would go against an impartial hearing officer's recommendation suggests the possibility of unlawful command influence," he said.

Weida declined to comment.

Air Force spokeswoman Valerie Burkes issued a written statement: "If the accused in this case or any case believes that there has been unlawful command influence he can raise the issue at trial."

Roche hasn't hidden the fact he wants more cases put through the court process.

In an April 29 interview, he called for more Article 32 hearings because they "build up a very good record one way or the other."

"Those are the kind of comments that form the basis that a commander is operating under pressure rather than at his own discretion," said Meester's attorney, Capt. Kathleen Reder, who might ask to have Meester's trial moved.

Meester is considering asking permission to resign in lieu of court-martial - a request that must be filed within 10 days of Weida's decision and requires Roche's approval.

The court-martial decision caught Meester's father, Doug, off guard.

"We are stunned," he said. "We fear that this was a political decision and that they are going to make my son a scapegoat. We are also very concerned that he will not be able to get a fair trial at the U.S. Air Force Academy."