Wednesday, June 29, 2016

Lawyer for Air Force officer, Col. Eugene Caughey, charged with rape, adultery says UCMJ is biased

Col. Eugene Caughey

Air Force Times reports, "The attorney for a colonel facing charges of rape, assault, adultery and lewd acts  has asked a court to throw out the adultery charges, claiming the military justice system is biased against heterosexuals.

Lawyers representing Col. Eugene Caughey, the former vice commander of the 50th Space Wing at Schriever Air Force Base, Colorado, say at least six charges of adultery are misdirected because the military's law banning extramarital sex only applies to heterosexuals, the Colorado Springs Gazette reports.

Caughey’s case is set for a court-martial in August.

During pretrial motions on Monday, defense attorney Maj. Keith Meister told Air Force judge Col. Wes Moore that the Defense Department's definition of adultery is outdated, since it is defined as an act between a man and woman, the Gazette reported. Marriage now includes same-sex couples, Meister noted, but the Uniform Code of Military Justice labels intercourse outside of marriage as “an element of guilt” in adultery cases only if it's between a man and a woman.

"A homosexual man or woman couldn't commit adultery as defined," Meister argued.

These charges against Caughey would be in violation of his 14th Amendment rights, which guarantee equal protection of the laws.

The prosecutor, Maj. Brian Mason, countered that gay couples are also subject to penalties for violating their marriage vows under Article 134 of the UCMJ, bringing discredit upon the armed forces, which does not specify sexual preference.

Caughey, currently assigned to Air Force Space Command at Peterson Air Force Base, Colorado, was charged Dec.10 with two counts of rape and assault at Schriever in late 2014 or early 2015 after he allegedly used “unlawful force” to hold the victim “against the wall and floor” while committing a sexual act, charge sheet documents reveal. He was also charged with various acts of alleged misconduct dating back to 2013, according to his charge sheet.

The 24-year Air Force veteran, allegedly committed six counts of adultery between 2013 and 2015, in violation of Article 134 of the UCMJ. One charge with two specifications in violation of Article 133 of the UCMJ, conduct unbecoming of an officer and gentleman, states that Caughey took a photo of his genitals while in uniform in his office.

Caughey has been charged with unlawfully groping women on two other occasions, according to court documents.

He faces up to 12 years in prison for the six charges linked to adultery, the Gazette said. Caughey could serve life sentences for the rape counts.

Full article:  http://www.airforcetimes.com/story/military/2016/06/27/lawyer-officer-charged-adultery-says-ucmj-biased/86445362/

Food for thought:
What a clever defense strategy, “attacking the homosexual community!”  Really!!!   Why bring them into this!!  I’m offended by this strategy and I’m not gay!!

In May 2008, I was convicted “as a Single person” for adultery.  The government’s sole evidence to bring charges against me were nude pictures, alleged to be of me and a fellow officer engaged in sexual acts. They also used “unauthenticated emails and phone records” to build their case against me.  Even the subpoena response from the phone service and email service providers did not establish the alleged email accounts belonged to me.  But I was still found guilty!!

For over a year leading to my trial, I was bullied, harassed, retaliated against, threatened with additional charges for not agreeing to an Article 15 Capt Mast and I was denied my right to a speedy trial.   

One of the egregious acts committed during my case was when the command’s staff judge advocate, LCDR Mei-Ling Marshall erased the transcripts of the initial Article 32 hearing, held in August 2007.  Weeks before my trial, the Navy convened a second Article 32 hearing to conceal evidence of their judicial misconduct throughout my case, as well as the testimony of the preliminary investigator CDR Doud, admitting that the JAG, Mei-Ling Marshal, had in fact written the statement for the wife, to ensure all elements were met. 

By the time I went to trial, I was “Gagged” by the judge which is why I never testified during my trial.  At one point, when my defense attorney failed to object to the prosecutor’s arguments, which was about 30 possible objections, it allowed the government to enter in faulty evidence thus prejudicing the jury.  

The jury of my peers consisted of "ONE" African American Supply Corps Officer!!  The rest were WHITE!!

For the past 8 years, I’ve been denied justice in my case.  After appealing my case to the Board for Correction of Naval Records (BCNR), providing thousands of documents to substantiate Whistleblower Retaliation, Civil and Human Rights violations as well as fraud against the government, my appeal was Denied, which led me to appeal my case to the  the United States District Court for the District of Columbia.

In April, Judge Collyer ruled that I was in fact a Military Whistleblower in accordance with the Military's Whistleblower's Protection Act and remanded my case to the BCNR.

After recently watching a video on youtube posted by the Human Rights Watch, I'm concerned that my application will be Denied again or shuffled to the bottom of the docket, according to Ms. Jessica Pyburn's letter, notifying me that she is the "Examiner" assigned to my case.

As long as the Pentagon refuses to overturn my case, expunge my record, acknowledge that I was in fact a Whistleblower when I was prosecuted as a Single Person for “Adultery” and instate my retirement pension benefits; every officer and service members charged with committing adultery, especially rape and sexual assault, should be prosecuted to the fullest extent of the law!!!  


http://usmilitary.about.com/od/punitivearticles/a/mcm1342.htm

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