US Naval Academy Sexual Assault Complainant's Attorney Files Request for Court Documents Release
ByAn attorney for the complainant in the middle of the sexual assault case against three U.S. Naval Academy midshipmen has requested a release of court documents.
According to the Navy Times, Ryan Guilds emailed Vice Adm. Michael Miller, who is presiding over the case, saying such a records request is not uncommon in civilian court. Miller, the academy's superintendent, issued a court-martial for two of the three defendants.
The woman has admitted to drinking heavily that night in April 2012 and not remember who she had sex with, but she claims a defendant told her she had multiple partners that night. One of the documents Guilds requested was a 171-page report from an investigating officer, recently obtained by the Associated Press, which recommended against court-martials for the defendants.
The report also claimed there were issues of credibility with the woman's testimony in an Article 32 hearing. During her testimony, she admitted she did not remember many details because of her intoxicated state of mind. The hearing was held to determine if the case was worthy of a court-martial and, against the investigator's recommendation, Miller did so, but only against two of the defendants.
"The Naval Academy is in receipt of the request, and we will provide an answer in a timely manner," Cmdr. John Schofield, an academy spokesman told the Naval Times.
Also among the records request is a transcript of the Article 32 hearing and psychotherapy records. The academy conducted a review of the complainant's psychotherapy records before offering them to her legal counsel.
Midshipman Eric Graham, of Nashville, Tenn., has been charged with abusive sexual contact and his court-martial is set to begin Jan. 27, 2014.
Midshipman Joshua Tate, of Eight Mile, Ala., is charged with aggravated assault and his court-martial is set to begin Feb. 10, 2014.