As DIFFERENT as Black and White, as Night and Day.
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.
posted by ichbinalj at 2:39 PM
16 Comments:
Sexual assault on 12 Nov 2006 at Navy Lodge Groton, CT.
Day 022, 04 Dec, 2006- There is a report of an Investigating Officer being assigned; but, no List of Parties being investigated; no press releases; no pictures of the alleged perpetrators; no public statement from the Coast Guard Academy Superintendent or Commandant of Cadets.
13 Days after his scheduled 21 Nov Court appearance Cadet John K. Miller, finally appeard in New London Superior Court on Monday, 04 December 2006.
A pretrial hearing is scheduled for 8 January 2007.
John K. Miller, the U.S. Coast Guard Academy cadet accused of sexually assaulting someone at a party at the Navy Lodge on 12 November 2006 appeared in New London Superior Court Monday, 4 December.
The case was continued to 8 January 2007.
Miller has been free on $10,000 bond since he was charged Nov. 12
with third-degree sexual assault, unlawful restraint and breach of
peace.
Miller has retained the Law Firm of Paul Chinigo, Donald Leone, Lewis Maruzo & Anthony Basilica, 37 Granite Street, New London, CT and 141 Broadway, P.O. Box 510, Norwich, Ct. 06360 and North Stonington, Ct.
Anthony R. Basilica is a former mayor of New London, Ct. The firm specializes in criminal law and workers compensations claims, among other things.
Discrimination Complaint at CGA Under Review in D.C.
Webster Smith Claims He Was Treated Differently Than White Cadets.
By Chuck Potter
Published on 12/7/2006
New London — The U.S. Coast Guard's civil rights director is reviewing former Coast Guard Academy cadet Webster Smith's complaint that the academy's two highest-ranking officers treated him differently than they treated other, white cadets accused of sexual offenses.
Smith, who is Black, was expelled from the academy after his June court-martial for extortion, sodomy and indecent assault. He has been released from a Navy brig after serving nearly five months of a six-month sentence.
Smith filed the complaint in July against Rear Adm. James C. Van Sice, superintendent of the Academy, and Capt. Douglas Wisniewski, the commandant of cadets at the time, who has since been transferred. Van Sice will leave the Academy to become director of personnel management at Coast Guard headquarters later this month.
Smith filed the complaint with the Office of Civil Rights at the Academy. It has since been forwarded to H. Jerry Jones, the Coast Guard's civil rights director, whose office is in Washington, D.C.
Chief Warrant Officer David C. French, a spokesman for the Academy, said the complaint could not be resolved at the lowest level of command.
“JoAnn Miller tried to work with all of the involved parties to resolve it,” French said, referring to the academy's former director of civil rights and equal opportunity, who has since retired. “But there was no resolution, so it was sent up to headquarters. I don't know where it is in the process at this point.”
“The complaint is based on the fact that Webster was treated differently compared to how others were treated for offenses against the Coast Guard Academy,” Smith's father, Cleon Smith, of Houston, Texas, said by phone Wednesday.
In May, Webster Smith had filed a grievance against Wisniewski while the sexual-assault charges were being investigated. Smith contended that Wisniewski had unfairly isolated him from his peers as early as December 2005, when the allegations against him first surfaced.
Smith was first charged Feb. 9, and at one point faced about two dozen charges. The number of charges was reduced to 11 after the early stages of the investigation. He was convicted of three charges in June.
In his grievance letter, Smith wrote that Wisniewski wrongfully refused to allow him to attend class, talk to his peers or complete his military training while under investigation.
“I submit that these charges were crafted to make me appear as a sexual predator and justify my continued separation from the corps of cadets,” Smith wrote in the grievance letter, which, despite accusing Wisniewski, had to be filed with and adjudicated by Wisniewski, who rejected it.
The woman that was allegedly (has not been convicted) assaulted by Miller does not live in the barracks, therefore she is not at immediate risk from him staying in the barracks. In fact, she is safer with him stuck in the barracks. The Smith case was the reverse of that. The women that Webster Smith assaulted (has been convicted) were in the barracks so for their safety he needed to be removed. Just my observation.
Dear Anonymous,
Webster Smith was not charged with assaulting anyone. He was charged with, among other things, raping his girlfriend. During a 1 to 2 year relationship, she became pregnant, got an abortion, and continued dating him for more than 6 months. She prevailed upon him to take her back to the hospital many times because she continued to bleed. She even taunted him with the fact that the aborted fetus was a girl. Webster had wanted a girl. He even voulnteered to resign from the Academy and marry her and allow her to be the Coast Guard officer in the family. When she found out that he had Thanksgiving Dinner with someone else, she complained to one of her girlfriends, who reported the entire affair to a Company Officer. When Doug Wisniewski found out, he helped her to decide that she had in fact been raped. That was the only possible explanation. It had been a consistent solution to similar problems in the South for many years when the father or male involved was Black. However, in this case the jury did not buy it, even without hearing all of the relevant history. So, you see, Webster Smith was not convicted of assault or rape.
Your basic premise as to why he was removed from the barracks does not stand up to scrutiny. It won't hold water. Let's, at least, agree on the facts, before we try to draw any conclusions.
As I said, this treatment is as different as black and white.
YT writes:
I have followed, with great interest, the trial and subsequent outcome of Webster Smith at the CG Academy.
I found your site as a result of reading articles about Webster Smith.
I totally agree with your views as I am a recent victim of the Coast Guard's discriminatory policies.
I am a 55 year old African American female who lives in the DC Metro area. I just completed 20 years of service in the CG Reserves this past October as an Information Technology Specialist, First Class.
I was released from active duty without benefit of assistance from the Coast Guard as a result of retaliation for filing a discrimination complaint against a white officer (LT) who waved his fingers in my face last year while I was on EAD at TISCOM. The basis of my complaint was race and sex. As a result, I was mistreated and harrassed by my white supervisor and the XO after I proved my case. I was accepted for another ADSW assignment to Headquarters in June but before this, I was referred to medical as a result of being over my max weight. This was in April of this year. As a result of a conspiracy by those in authority, my orders were cancelled for no good reason other than to punish me. The powers that be were so determined to hurt me financially, that they abruptly cancelled my orders, placed me in the IRR and denied me a physical inspite of the fact that I have several qualifying medical conditions that render me eligible for disability retirement. I am currently unemployed and receiving unemployment compensation which is no way close to what I was earning on active duty. I am struggling financially and am under severe stress as a result of what was done to me. The XO at TISCOM was instrumental in delaying the issuance of my DD214 which I needed to apply for unemployment. I did not receive it until August 31st even though I was released on June 6th. I had to sacrifice several thousand dollars to hire a military attorney to prepare and submit a petition to the BCMR on my behalf. This should not be. It is clearly a continuation of the double standards that continue to exist in the Coast Guard until this day.
I just wanted to touch base with you.
Thank you,
YT
Anonymous writes:
The major difference between these two cases in the race of the accused. One is Black and the other is white. That is the major operative factor. If the System were color blind, the cases would have been handled the same. The white officers running the System are not color blind; they are blind with bias and prejudice. One cadet gets a court-martial that could have sent him to jail for 20 years to life. The other cadet would have been put in a counselling program for first time underage drinkers, but for the fact that the civilian authorities became involved. And, that has made all the difference in the world.
CG Cadet Runs Afoul Of The Law
In drunken state, he broke into a house.
By Megan Bard
Published on 12/18/2006
New London — In the early morning hours of Oct. 29, Cathi Strother said she and her husband, Lou, heard pounding at their back door.
When Lou Strother looked outside at 2 a.m., he saw an intoxicated man violently kicking at the door knob and trying to force his way into the house. His wife called police.
As Lou Strother continued to holler at the intruder, the man shouted back that he was supposed to be there. He broke a pane of glass, chipped the remnants away with his elbow, reached through and unlocked the door. He came inside.
By this time Cathi Strother was frantic on the phone with the police dispatcher as her husband continued to yell at the young man. In an instant, Coast Guard Academy Cadet Steve Schimmel, 21, looked at him, said “Yes, sir” and sat down on their floor.
As he sat on the floor with his arm bleeding, Schimmel apologized to the Strothers and he took out a credit card. He offered to pay for the damages and asked them not to call the police.
It was too late.
New London police charged Schimmel with second-degree criminal trespass, second-degree criminal mischief and breach of peace. He has appeared twice in New London Superior Court and is scheduled to be back in court on Jan. 6.
Despite the terror that Cathi Strother said she and her husband, a Day employee, endured that morning, the couple did not want Schimmel to be severely punished.
“He's 21 years old. I don't want his whole life over with,” Cathi Strother said Sunday evening.
Community service or being accepted into the state's accelerated rehabilitation program were acceptable punishments for Schimmel, she said.
The couple just wanted to be reimbursed the $1,074 it cost them to replace the broken screen and back door, the damaged door knob and lock.
The couple was angry when they received a check for $100 to cover the costs and heard Friday that Schimmel had been advised by his attorney, John M. Newson of Norwich, not to pay restitution. They returned the check.
Cathi Strother said a representative from the Coast Guard Academy had asked her not to go public with her story because of the negative publicity the academy has had over the past year, which included cadet Webster Smith being court-martialed for the sexual assault of a classmate.
Cathi Strother said she responded that “we as the victims have been silent long enough.”
She said on Friday that an academy official told her that Newson had told Schimmel to let the courts determine how much the couple should be paid.
When reached Sunday evening at the academy, Schimmel referred all comments to Newson.
Sunday evening Newson said Schimmel expects to reimburse the Strothers for the damage he caused and that he never advised him to do otherwise. Newson said the $100 check was based on a police report that detailed damages to the Strother's property.
Once Newson found out that report was inaccurate, he sent the Strothers a letter apologizing if he insulted them. He also asked the Strothers to be patient and give Schimmel time to acquire the money needed to pay them. Newson said Schimmel is responsible for paying his attorneys fees, court fees and restitution to the property owners.
“This is a young man who because of consuming an excessive amount of alcohol did something that he regrets more than anyone can imagine,” Newson said, adding that Schimmel does not remember portions of the night before or during the break-in. “He in no way is making light of what he did. He knows that this could jeopardize his career in the Coast Guard.”
In addition to his civilian legal troubles, Schimmel is also awaiting a decision from academy Superintendent James C. Van Sice on his future in the Coast Guard, according to Chief Warrant Officer David M. French, the academy's public affairs officer.
He said Schimmel is the subject of a recently completed administrative investigation related to charges that he violated cadet regulations. If Schimmel violated any of the regulations, his punishment could be as severe as being thrown out of the academy.
French said Sunday evening that Van Sice's decision is expected as soon as this week.
French said that the administrative investigation is separate from any charges that Schimmel faces in New London Superior Court. French said he did not know what sections of the cadet regulations Schimmel may have violated.
Cathi Strother said she'll now wait to hear about Schimmel's fate at the academy and in the court.
“I live very close to the academy and up until that night I felt very secure knowing that the Coast Guard was right there. I also loved hearing revelry every morning, a source of pride for me,” Cathi Strother wrote in an e-mail to The Day. “Well now, here we sit in the shadow of an Academy and waiting patiently for a reimbursement check, and a written apology from the Cadet, not his attorney. How can you teach a cadet to be a man, if you don't have him ask responsibly for mistakes he made.”
“Everyone deserves a second chance ... if this is the first time he's every been in trouble, give him some sort community services, but just pay me for my door. It's not like we did everything wrong, we're the victim not him,” she said.
Two Cadets, Facing Criminal Charges, Dismissed From Academy.
Six other cadets disciplined in Navy Lodge incident.
By Jennifer Grogan
Published on 1/8/2007.
New London - The U.S. Coast Guard Academy has dismissed two cadets who were arrested in separate incidents in the fall.
The decisions follow
administrative investigations of both incidents and hearings for the two cadets, John K. Miller, 20, and Steve Schimmel, 21.
Miller and Schimmel have five days to appeal their dismissal from the
academy and the Coast Guard.
Miller is accused of sexually assaulting someone at a party and
preventing the victim from leaving the room at the Navy Lodge on Nov. 12. Groton Town police charged him with third-degree sexual assault, unlawful restraint and breach of peace. Police said Miller was among a group of people who had
rented rooms at the Navy Lodge and were partying.
Miller appeared briefly Monday in New London Superior Court, where his case was continued to Jan. 26. In connection with the incident at the Navy Lodge, one other third class cadet was dismissed, one cadet resigned and four cadets received various punishments for violating cadet regulations.
The academy did not release the names, citing academy privacy policies.
Schimmel is accused of forcing his way on Oct. 29 into the house of a
couple who said he was intoxicated at the time. New London police charged him with second-degree criminal trespass, second-degree criminal mischief and breach of peace. He is scheduled to appear Thursday in New London Superior
Court.
Privacy issues!? What privacy issues? One year ago the Academy was holding press conferences and giving out photographs of a cadet who was under investigation. When did the Rules of Engagement change?
Did this have anything to do with the departure of Admiral Van Sice?
It was obvious that John Miller was not partying alone. You do not have to release the names of those involved, but it is unfair to the men not to tell how many of the other cadets were females. We want to know if women are being held accountable the same as the men. How can they claim to be equal, if you keep treating them differently?
They will always expect special treatment. As senior officers, they will not get special treatment. Why not start treating them the same now. How many female cadets were there with John Miller?
Posted Jan. 17, 2007
7:30 AM
(New London-AP)_ Two of the three cadets who were recently dismissed from the Coast Guard Academy have appealed the decisions.
The cadets, who can attend classes while their appeals are pending, had been dismissed after being arrested in separate incidents last fall.
Twenty-year-old John Miller and 21-year-old Steve Schimmel both filed appeals before yesterday's deadline, but a third unnamed cadet did not. That cadet already has left the academy's New London campus.
Miller's and Schimmel's appeals will be reviewed by officials at Coast Guard headquarters in Washington, DC. Miller was charged with sexual assault at a party in Groton, and Schimmel was charged with of breaking into a stranger's home in New London while intoxicated. Both of their court cases are pending.
The dismissals came after the academy investigation and hearings for both men.
Any update ion the MIller case or Webster Smith
Any update on the Miller case?
Any update on Webster Smith
10/10/2007. The Day.
If cadets John K. Miller and Steve Schimmel stay out of trouble, the criminal cases against them will be dismissed.
John K. Miller and Steve Schimmel were arrested in separate incidents last fall and dismissed from the academy in January.
Miller was accused of sexually assaulting a person at a party and preventing the victim from leaving the room at the Navy Lodge on Nov. 12. Groton Town police charged him with third-degree sexual assault, first-degree unlawful restraint and second-degree breach of peace. Police said Miller was among a group of people who had rented rooms at the lodge and were partying.
Miller was placed on a two-year form of special probation called accelerated rehabilitation in New London Superior Court on April 23, 2007. He cannot contact the victim or go to the academy. He must also undergo an alcohol evaluation and any other evaluation, counseling or treatment deemed necessary by the Office of Adult Probation.
Miller and his attorney, Paul F. Chinigo of Norwich, declined to comment Tuesday.
According to court documents, Miller's application for accelerated rehabilitation was granted because the court believed he probably will not offend in the future; he has not been adjudicated as a youthful offender within the past five years; and he has no previous record.
The victim was notified of the agreement and the case was continued to April 24, 2009, where it will most likely be dismissed and Miller's record absolved if he abides by the conditions.
Schimmel is accused of forcing his way on Oct. 29 into the house of a couple who said he was intoxicated at the time. New London police charged him with second-degree criminal trespass, second-degree criminal mischief and breach of peace.
His attorney, John M. Newson of Norwich, said Tuesday that Schimmel paid the couple full restitution to repair the broken door, between $1,100 and $1,200, in February. In exchange, the state did not pursue the charges, he said.
The case is still open but as long as Schimmel does not commit another offense, it will be closed and dismissed in March, Newson said.
This kid was intoxicated to the point that he didn't know what he was doing, but he had an impeccable background and no one was physically hurt,she said. The victims were scared, but overall this was the right result. The victims got their door and my client went about his way.
22 Jul 2008. Two Coast Guard Academy cadets were arrested Sunday morning after a domestic squabble outside a strip club, police said.
The third-year cadets, Leanna R. Minton and Keenan Prather, were held overnight and presented in New London Superior Court on Monday. They were released after prosecutor Peter A. McShane said the state would not be prosecuting the case.
Police said the pair were involved around 3:30 a.m. in a “domestic dispute” in the parking lot of the Gold Club on Route 12, police said.
Minton, 21, had been charged with third-degree assault and breach of peace. Prather, 21, was charged with breach of peace.
Coast Guard Petty Officer Ryan Doss said the students have not been suspended or expelled.
Doss said the strip club was not on a list that restricts where cadets can go. He also said that juniors and seniors are allowed to date within their own class. The Coast Guard, he said, would conduct its own internal investigation.
”Anytime anybody gets in trouble off base they are subject to punishment on the military side of things,” said Doss.
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