AFA court-martial illegally influenced, lawyer says

0 Comments | Gazette, The (Colorado Springs), Apr 10, 2004 | by PAM ZUBECK THE GAZETTE

Top Air Force leaders improperly influenced an Air Force Academy officer's decision to order a cadet court-martialed for rape, the cadet's attorney alleged Friday.

Attorney Frank Spinner will argue during a hearing next week that statements made by Air Force Secretary James Roche and Chief of Staff Gen. John Jumper gave an appearance they wanted Douglas Meester to be courtmartialed.

Spinner will argue that such pressure was illegal and that charges should be dismissed and never refiled against Meester -- the first cadet charged with rape since the academy's sexual assault scandal broke in January 2003.

The scandal involved dozens of women who claimed the academy ignored their sexual assault reports and retaliated against some who made the reports.

The motion, alleging unlawful command influence, is unusual -- practically unheard-of when aimed at the service's top civilian and military leaders.

It has required lawyers to obtain sworn testimony from Roche, Jumper, academy Superintendent Lt. Gen. John Rosa Jr. and Brig. Gen. John Weida, the commandant of cadets.

Rosa and Weida came to the academy after the scandal claims triggered several investigations and an outcry from some U.S. senators. It prompted Roche and Jumper to impose sweeping changes and remove top officers.

An Air Force spokesman said Friday the service feels "strongly that impartiality is the hallmark of the Uniform Code of Military Justice, and Air Force leaders respect the independence of a convening authority and the requirements for a just process."

Spokesman Johnny Whitaker declined to comment about the Meester case, citing rules that bar discussion of pending cases. He said the allegations will be discussed in a hearing or potentially in a court- martial.

The case stems from an Oct. 18, 2002, dorm party at which Meester, a sophomore, allegedly raped a freshman after she drank seven shots of tequila, some after licking salt from male cadets' bodies and allowing them to do the same to her.

Meester, on leave from the academy and attending college in Florida, is charged with rape, forcible sodomy, indecent assault and conduct unbecoming an officer for providing alcohol to a minor.

The woman, who has left the academy, testified at a May evidentiary hearing that the alcohol made her powerless to resist Meester's advances. She told investigators she could understand why he thought the sex was consensual.

Investigating officer Maj. Todd McDowell recommended the rape charge be dismissed and others be dealt with through nonjudicial punishment May 22.

In a June 20 memo to Weida, Staff Judge Advocate Col. James Moody said, "To be frank, the rape and forcible sodomy charges are unlikely to result in findings of guilty." He noted evidence supports the charges, and a court-martial would be "appropriate."

Weida ordered Meester be court-martialed.

Meester's request to resign instead of being tried on charges for which he could be sentenced to life in prison was denied by Roche in October.

Spinner has hinted he will allege top leaders unduly influenced the case but only recently submitted a preliminary motion.

Jumper, Roche, Rosa and Weida have given depositions and won't testify at the hearing Thursday at the academy.

Among Spinner's witnesses is Col. Robert Eskridge, who had been vice commandant for a few months when he was ousted with other academy leaders in Roche's and Jumper's purge. He has retired.

"The environment created by congressional oversight as well as statements made by Secretary Roche and Gen. Jumper took away his (Gen. Weida's) ability to act impartially," Spinner said Friday in an interview. "Because this was the first rape case to come up, he had little room but to send it to trial."

While the scandal unfolded, Roche and Jumper said offenders would be dealt with harshly, but neither has spoken publicly about the Meester case.

Spinner acknowledged claims of unlawful influence are unusual, seen only in highprofile cases and rarely won, although he prevailed in a case involving an Army doctor a few years ago.

"It's not impossible to win," he said. "We're not doing this as a media stunt. We're going this because we believe it exists."

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