On Nov. 12, 2006 Coast Guard
Cadet John K. Miller was arrested at the Navy Lodge hotel in Groton on charges of third-degree sexual assault, first-degree unlawful restraint and second-degree breach of peace. That cadet, John K. Miller, a 19-year-old from Michigan, was at a party with other cadets at the hotel when, police said, he assaulted a female guest, who is not a cadet. Police said there was alcohol at the two-room party.
On November 22,
ten days after Miller's arrest, the orders were issued to
replace Admiral James Van Sice as the Coast Guard Academy Superintendent.
Academy spokesman Chief Warrant Officer David French said Van Sice was not available to comment Monday on his pending departure. French said Van Sice was busy making preparations to assume his new post in Washington.
As Admiral Burhoe takes over at the academy, John K. Miller's case will be in the early stages of the civilian legal system. Miller - a member of the academy football team -
was in Superior Court in New London for the first time on Monday, December 4th, wearing a jacket and tie. He was not in his Coast Guard cadet uniform.
He spoke with a judge for a moment, just long enough to have
another appearance set: a Jan. 8 pretrial hearing.
Leaving the courthouse, he chose not to comment on his case.
Miller is still attending classes and living in the academy barracks. That is a switch from the situation with Webster Smith, who had immediately been removed from any exposure to other cadets after his accusers came forward.
"
Different case, different circumstance," French said of John K. Miller's treatment by the Academy. Cadet John K. Miller is a white Caucasian; whereas, Cadet Webster Smith is a Black African-American. They were both football player at the Academy, but that is where their similarities end. Webster Smith was singled out for special punishment and character assasination. His cadet photo was released to the news media early in the investigation process to achieve maximum exposure. Cadet John K. Miller has been shielded from exposure. He has not been removed from the cadet barracks at Chase Hall. He is still attending classes. He has not been subjected to pre-trial punishment. Webster Smith was forced to work at hard labor on the boat docks. The treatment of the two cadets has been
as different as night and day.
Another major difference between the cases is how they will be handled. The accusations against Webster Smith were internal, so the investigation was conducted by the Coast Guard and ended in a military General Court-martial. Smith was placed in jeopardy of imprisonment from 20 years to life. In John K. Miller's case, he was arrested by Groton police and faces a possible criminal trial in civilian court. As long as the civilian legal system is pursuing it, the Coast Guard won't need to plan for a court-martial, French said.
But
an investigating officer has been assigned, he said, to examine what happened that night at the hotel.
Other cadets were there, French said, and their conduct will be measured against academy and military rules. It's an "administrative investigation."
"At this point, we're looking into whether anybody else did anything wrong," French said.
The investigation is nearing completion, he said. The maximum penalty of this kind of investigation is being expelled from the school.
(8/22/2009) New London - Nine 3/C cadets have been expelled from the U.S. Coast Guard Academy for using or possessing cocaine or marijuana.
Drug use was the most serious offense, but several of the nine third-class cadets also broke academy rules prohibiting underage drinking, fraternizing and stealing.
The academy's leadership decided not to court-martial the eight male cadets and one female cadet because the drug use was “personal use,” said Capt. John Fitzgerald, commandant of cadets.
”Some of it was one time, and I think we had one cadet that used it up to three times,” Fitzgerald said Friday. “In the Coast Guard, if we have someone who tests positive for drugs in a urinalysis or admits to personal drug use, it is handled in the same way. They are administratively separated” from the service.
Eight of the cadets admitted to the allegations against them. Fitzgerald found the ninth cadet guilty based on other evidence, including eyewitness statements. The academy did not release the names of the cadets because of federal privacy laws.
The investigation began June 29 after academy staff heard rumors about drug use. Fitzgerald asked the Coast Guard Investigative Service to look into the matter and a drug-sniffing dog was brought into the Chase Hall barracks. No drugs were found, but investigators determined that nine cadets used or possessed cocaine and/or marijuana during the 2008-09 school year while on leave and once on academy grounds, as well as this summer when the academy's training vessel, the Coast Guard barque Eagle, stopped for a port call in Charleston, S.C.
Seven of the nine also got into trouble for underage drinking, and two of the nine were found guilty for fraternizing with an enlisted female on the Eagle, Fitzgerald said. One of the male cadets had a sexual relationship with the enlisted female while the other male cadet went on liberty with them, he added. The enlisted female was restricted to the ship for a month and is still a part of the crew, according to a crewmember.
Some of the cadets were caught stealing liquor from the exchange store on campus, Fitzgerald said. They were also accused of taking over-the-counter drugs from the store, but that charge was not proven, he added.
Hearings for seven of the cadets were held July 30. The other two hearings, or “captain's masts,” were held Aug. 12.
As of Friday, two cadets were considering whether to appeal their disenrollment to Coast Guard Headquarters. Six have already left the academy, and the other was expected to leave soon, Fitzgerald said.
They have been given general discharges from the Coast Guard, which means they will not be eligible for most veterans' benefits, including tuition assistance or voluntary military service in the future. They also have been barred from academy grounds.
One of the Coast Guard's core missions is to stop illegal drugs from entering the country through maritime routes. To have future Coast Guard officers using drugs, Fitzgerald said, is “inconsistent with everything we stand for.”
The investigation revealed other acts of misconduct by cadets. One had a relationship with a subordinate cadet, which is against academy rules, and knew about the nine cadets' misbehavior but did nothing to address it, Fitzgerald said. That cadet was disenrolled as well.
Two cadets were accused of cheating in summer school and one was accused of lying while training on the Eagle. All are third-class cadets, and their cases have not yet been adjudicated, Fitzgerald said.
Earlier this week, Fitzgerald took away all of the third-class cadets' Friday-night liberty privileges for two weeks and their casual recreation gear - khakis with a polo shirt - which means they have to wear uniforms until at least Thanksgiving.
”We had some honor offenses with this class, the drug incidences were primarily in this class, and there was not a good attitude by some members of the class in summer school,” he said. “I wanted to re-emphasize that they need to work together as team to be a credit to the academy.”
The CGIS investigation has concluded, but an internal investigation into the more minor acts of misconduct is ongoing.
The academy conducts random urinalysis during the year.
The Class of 2012 started with 295 members but has dropped to 254 because of cadets not meeting academic or physical requirements, violating academy rules or choosing to leave. An average class size at graduation is 220.
”I wouldn't want these incidents to characterize the academy or that class,” Fitzgerald said. “I'm disappointed by what happened, both as commandant of cadets and as a Coast Guard officer, but most cadets are doing well. What I want is for the ones who are doing really well to ensure that the ones who are bringing them down come back up to standard.”
THE DAY newspaper had a follow on story that gives us even greater details on the nine Third Class Cadets booted for drug use that included cocaine. Captain John Fitzgerald told The Day that the Academy decided not to Court Martial the nine Cadets since drug usage was
“personal usage.” What? All nine individually bought their cocaine from a dealer and then used it for “personal use?” Fitzgerald is apparently saying that the Academy believes all nine lined up like kids in a candy store and made individual purchases of their drug of choice.
The cocaine that
Captain Sullivan used was for personal use as well and went to a General Court Martial. Before the pundits chime in we do recognize that there is a difference between the accountability of a Cadet and a Captain. But I would remind you that Cadet’s become Captain’s and sending the message that drug use at CGA can result in Brig time or a federal conviction has much greater impact. These nine Cadets are eligible to attend a state college in Connecticut for free.
Imagine that, 9 kids on full free rides at CGA that would have accrued them an active duty service commitment, can now get a free ride on the state and then go on with their lives.
Labels: Cadets and Crime.
