Webster Smith and John Miller, Cases in Controversy.
http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-Conviction/dp/1460978021
Webster Smith is 0 for 2, but John K. Miller is batting a thousand. The System does not work for everyone. It did not work for Webster Smith. He made love to his girlfriend and was charged with rape. During that year he assisted her in recovering from the residual affects of an abortion and continued to date her.
John K. Miller forcibly sexually assaulted a total stranger, resulting in his receiving a broken nose; yet he is still on course, steady as she goes.
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 in a hotel when, police said, he assaulted a female guest, who is not a cadet. Police said there was alcohol at the two-room party. Miller had prevented his victim from leaving one of the rented motel rooms, police said, and forced her to have sexual contact that was not traditional intercourse, according to one officer.
.When he was arrested, John Miller was bleeding and had sustained a broken nose. Whoever broke his nose must have been a pretty tough cookie. A 6 foot 2 inch 200 pound football player is no pushover, even when he has been drinking. The victim was not a member of the Track or Volley Ball team. She was a civilian.
Cadet Miller was treated at Lawrence Memorial Hospital. He was released into the custody of the Commandant of Cadets at the Coast Guard Academy after posting $10,000 bail.
Miller - a member of the academy football team - was in Superior Court in New London 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 continued attending classes and living in Chase Hall, the academy barracks. That is a switch from the situation with Webster Smith, who was immediately removed from any exposure to other cadets, prevented from going to class, and forced to work at hard labor on the boat docks.
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 asassination. 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 was 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.
The ink was hardly dry on Admiral James Van Sice’s Approval of the Sentence in the Smith case when John Miller was arrested for sexual assault. The Assistant Superintendent, Captain D. R. May, said that the Smith case had shown the resolve and commitment to our system of military justice, accountability and most important, our true embodiment of the Coast Guard’s core values of Honor, Respect and Devotion to duty. He asserted that the Academy Superintendent would never waiver from his commitment to these precious values and will ensure that they are always present in all that is done at the Academy.
It was really fortunate that the John Miller was arrested for sexual assault so soon. It provided Captain May and the Academy senior staff with a timely and appropriate opportunity to demonstrate their commitment to core values and to equal protection of laws. Time has shown how selective they have been in living up to their own standards.
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 faced a criminal trial in civilian court.
10/10/2007 The Day reported the results of John K. Miller's civilian trial.
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 2007.
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.
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. (Webster Smith had no prior record. As a matter of fact he was a choir boy)
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. (Webster Smith carries the stigma of a registered sex offender.)
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.
Wow, the System really works, if you are white, you are right; But, if you are Black, baby, get back. These three cadets; two white, and one Black, clearly demonstrate the unequal protections afforded American citizens of different racial persuasions. In America, being Black is clearly hazardous to your health.
The U.S. Coast Guard Court of Criminal Appeals has scheduled oral arguments in the Case of The Appeal of the Court-martial Conviction of Cadet Webster Smith for January 16, 2008 in Arlington, Virginia.
A legal brief filed by his lawyers claims the convictions should be thrown out because the defense team was not allowed to fully cross-examine one of his accusers during Smith's court martial. They say that meant the jury didn't hear testimony that the accuser, a female cadet, Shelly Raudenbush, had once had consensual sex with a Coast Guard enlisted man and then called it sexual assault.
Lt. Cmdr. Patrick M. Flynn, the government's lawyer for the appeal, said 27 November that the jury "heard enough" and the trial judge was within his rights to impose reasonable limits on the cross-examination.
"They didn't need to hear the additional details the defense is arguing they should have been allowed to hear."
Lawyers from the WilmerHale law firm for former Coast Guard cadet Webster Smith also contend in their legal brief “The excluded cross-examination would have devastated Shelly Raudenbush's(the accuser's) credibility, on which the government's case depended completely, making it all but certain that the outcome in this pure credibility contest would have been different."
The convictions on the three charges were based on the testimony of the female cadet, who said Smith coerced her by threatening to reveal a secret she had confided in him. That secret was about the past relationship.
Besides the question of whether the military judge abused his discretion, oral arguments will focus on whether Smith's conviction for sodomy was constitutional and whether the government proved the extortion charge.
Smith's lawyers argue that Smith engaged in private, consensual sexual activity with another adult and should not be punished.
Smith's lawyers said the evidence does not prove the extortion charge because prosecutors did not demonstrate a direct link between the female cadet's presumption of a threat and a sexual encounter, which occurred a few hours apart. She said Smith told her he needed more “motivation” to keep her secret, according to the records.
“Criminal sanctions cannot be based on the subjective perceptions of the recipient of a communication, perceptions that the communicator plainly cannot control,” Smith's lawyers argued in the records.
The court may hear arguments about the failing to obey an order and abandoning watch charges or issue a ruling based on the briefs filed by both sides.
The defense also is asking the court to set aside Smith's convictions on two lesser charges of failing to obey an order and abandoning watch.
Webster Smith is 0 for 2, but John K. Miller is batting a thousand. The System does not work for everyone. It did not work for Webster Smith. He made love to his girlfriend and was charged with rape. During that year he assisted her in recovering from the residual affects of an abortion and continued to date her.
John K. Miller forcibly sexually assaulted a total stranger, resulting in his receiving a broken nose; yet he is still on course, steady as she goes.
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 in a hotel when, police said, he assaulted a female guest, who is not a cadet. Police said there was alcohol at the two-room party. Miller had prevented his victim from leaving one of the rented motel rooms, police said, and forced her to have sexual contact that was not traditional intercourse, according to one officer.
.When he was arrested, John Miller was bleeding and had sustained a broken nose. Whoever broke his nose must have been a pretty tough cookie. A 6 foot 2 inch 200 pound football player is no pushover, even when he has been drinking. The victim was not a member of the Track or Volley Ball team. She was a civilian.
Cadet Miller was treated at Lawrence Memorial Hospital. He was released into the custody of the Commandant of Cadets at the Coast Guard Academy after posting $10,000 bail.
Miller - a member of the academy football team - was in Superior Court in New London 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 continued attending classes and living in Chase Hall, the academy barracks. That is a switch from the situation with Webster Smith, who was immediately removed from any exposure to other cadets, prevented from going to class, and forced to work at hard labor on the boat docks.
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 asassination. 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 was 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.
The ink was hardly dry on Admiral James Van Sice’s Approval of the Sentence in the Smith case when John Miller was arrested for sexual assault. The Assistant Superintendent, Captain D. R. May, said that the Smith case had shown the resolve and commitment to our system of military justice, accountability and most important, our true embodiment of the Coast Guard’s core values of Honor, Respect and Devotion to duty. He asserted that the Academy Superintendent would never waiver from his commitment to these precious values and will ensure that they are always present in all that is done at the Academy.
It was really fortunate that the John Miller was arrested for sexual assault so soon. It provided Captain May and the Academy senior staff with a timely and appropriate opportunity to demonstrate their commitment to core values and to equal protection of laws. Time has shown how selective they have been in living up to their own standards.
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 faced a criminal trial in civilian court.
10/10/2007 The Day reported the results of John K. Miller's civilian trial.
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 2007.
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.
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. (Webster Smith had no prior record. As a matter of fact he was a choir boy)
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. (Webster Smith carries the stigma of a registered sex offender.)
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.
Wow, the System really works, if you are white, you are right; But, if you are Black, baby, get back. These three cadets; two white, and one Black, clearly demonstrate the unequal protections afforded American citizens of different racial persuasions. In America, being Black is clearly hazardous to your health.
The U.S. Coast Guard Court of Criminal Appeals has scheduled oral arguments in the Case of The Appeal of the Court-martial Conviction of Cadet Webster Smith for January 16, 2008 in Arlington, Virginia.
A legal brief filed by his lawyers claims the convictions should be thrown out because the defense team was not allowed to fully cross-examine one of his accusers during Smith's court martial. They say that meant the jury didn't hear testimony that the accuser, a female cadet, Shelly Raudenbush, had once had consensual sex with a Coast Guard enlisted man and then called it sexual assault.
Lt. Cmdr. Patrick M. Flynn, the government's lawyer for the appeal, said 27 November that the jury "heard enough" and the trial judge was within his rights to impose reasonable limits on the cross-examination.
"They didn't need to hear the additional details the defense is arguing they should have been allowed to hear."
Lawyers from the WilmerHale law firm for former Coast Guard cadet Webster Smith also contend in their legal brief “The excluded cross-examination would have devastated Shelly Raudenbush's(the accuser's) credibility, on which the government's case depended completely, making it all but certain that the outcome in this pure credibility contest would have been different."
The convictions on the three charges were based on the testimony of the female cadet, who said Smith coerced her by threatening to reveal a secret she had confided in him. That secret was about the past relationship.
Besides the question of whether the military judge abused his discretion, oral arguments will focus on whether Smith's conviction for sodomy was constitutional and whether the government proved the extortion charge.
Smith's lawyers argue that Smith engaged in private, consensual sexual activity with another adult and should not be punished.
Smith's lawyers said the evidence does not prove the extortion charge because prosecutors did not demonstrate a direct link between the female cadet's presumption of a threat and a sexual encounter, which occurred a few hours apart. She said Smith told her he needed more “motivation” to keep her secret, according to the records.
“Criminal sanctions cannot be based on the subjective perceptions of the recipient of a communication, perceptions that the communicator plainly cannot control,” Smith's lawyers argued in the records.
The court may hear arguments about the failing to obey an order and abandoning watch charges or issue a ruling based on the briefs filed by both sides.
The defense also is asking the court to set aside Smith's convictions on two lesser charges of failing to obey an order and abandoning watch.
Labels: Cadets and Crime.
posted by ichbinalj at 3:11 PM
17 Comments:
The U.S. Coast Guard Court of Criminal Appeals has scheduled oral arguments in the Case of The Appeal of the Court-martial Conviction of Cadet Webster Smith for January 16, 2008 in Arlington, Virginia.
A legal brief filed by his lawyers claims the convictions should be thrown out because the defense team was not allowed to fully cross-examine one of his accusers during Smith's court martial. They say that meant the jury didn't hear testimony that the accuser, a female cadet, Shelly Roddenbush, had once had consensual sex with a Coast Guard enlisted man and then called it sexual assault.
Lt. Cmdr. Patrick M. Flynn, the government's lawyer for the appeal, said 27 November that the jury "heard enough" and the trial judge was within his rights to impose reasonable limits on the cross-examination.
"They didn't need to hear the additional details the defense is arguing they should have been allowed to hear."
The defense also is asking the court to set aside Smith's convictions on two lesser charges of failing to obey an order and abandoning watch.
Lawyers from the WilmerHale law firm for former Coast Guard cadet Webster Smith contend in their legal brief “The excluded cross-examination would have devastated (the accuser's) credibility, on which the government's case depended completely, making it all but certain that the outcome in this pure credibility contest would have been different."
The convictions on the three charges were based on the testimony of the female cadet, who said Smith coerced her by threatening to reveal a secret she had confided in him. That secret was about the past relationship.
Besides the question of whether the military judge abused his discretion, oral arguments will focus on whether Smith's conviction for sodomy was constitutional and whether the government proved the extortion charge.
Smith's lawyers argue that Smith engaged in private, consensual sexual activity with another adult and should not be punished.
Smith's lawyers said the evidence does not prove the extortion charge because prosecutors did not demonstrate a direct link between the female cadet's presumption of a threat and a sexual encounter, which occurred a few hours apart. She said Smith told her he needed more “motivation” to keep her secret, according to the records.
“Criminal sanctions cannot be based on the subjective perceptions of the recipient of a communication, perceptions that the communicator plainly cannot control,” Smith's lawyers argued in the records.
The court may hear arguments about the failing to obey an order and abandoning watch charges or issue a ruling based on the briefs filed by both sides.
RI made this comment: "They all should have been kicked out. They were all wrong...including the girl from the Naval Acad. There is too much we don't know on all sides and they all broke the rules. "
L.A.W. had this to say: "Hide me from the conspiracy of the wicked, from that noisy crowd of evildoers. They sharpen their tongues like swords and aim their words like deadly arrows.They shoot from ambush at the innocent man; they shoot at him suddenly, without fear. They encourage each other in evil plans,they talk about hiding their snares; they say, "Who will see them?" They plot injustice and say, "We have devised a perfect plan!" Surely the mind and heart of man are cunning. But God will shoot them with arrows; SUDDENLY THEY WILL BE STRUCK DOWN. HE WILL TURN THEIR OWN TONGUES AGAINST THEM AND BRING THEM TO RUIN; ALL WHO SEE THEM WILL SHAKE THEIR HEADS IN SCORN.All mankind will fear; they will proclaim the works of God and ponder what he has done". (Psalm 64:2-9)
Ausbesseur said: "This is total BS. Justice will prevail and Smith will win his appeal. The Academy and that girl who accused Smith (who had a relationship with an enlistee) should be utterly ashamed of themselves. My opinion of the Academy has gone down the tubes since this whole charade first began."
God-Fearing said: "Perhaps the truth will prevail and justice will finally be served...the prosecutors felt that it was enough information but I know, personally, that the jurors were looking for more. The kid didn't have a chance in hell...scary thought if truth really was on his side."
Marvin Kierstead wrote: "My Name is Marvin Kierstead. I was recently
> guided to a blog posting of
>your's by my friend, Doug Genna. I found your thoughts on the witness, Shelly Raudenbush, of the Webster Smith case interesting and accurate in that I can confirm allegations about her past. Not
> only am I one of the Boys of Council Rock Class of 2002 which you wrote of, but I too am one of
> Shelly's high school boyfriends. After dating
> Shelly for the first few
> weeks during my senior year, I found that she had cheated on Doug with me at the start of our relationship. Since then, Doug and
> I have become friends. This act of infidelity on Shelly's part was not an isolated occurance. In
> fact, Doug's involvment with Shelly started as a result of her cheating on another friend of mine. My relationship with Shelly
> ended during the summer after our senior year of high school. As we went to different colleges,
> Shelly and I promised to stay faithful towards one another in continuing our relationship. It turned out that she took the
> first opportunity to betray me with a fellow Coast Guard Cadet. A close friend of Shelly's
> informed me of this and added that Shelly laughed about her infidelity and claimed she would do it again if given the chance.
I apologize for making this message as lenghty as it is, but I
> feel I should validate a claim that was stated in you blog. I enjoyed what you wrote, but cannot say it came as a suprise.
Thank you for your time.
Marvin Kierstead
Doug Genna wrote;
"Dear Sir,
I stumbled upon your blog, and comments on the Webster Smith article. I am going to be honest with you, Shelly Raudenbush and I grew up in Pennsylvania. Gradauted from Council Rock High school in 2002. She attended the Coast Guard academy. Shelly and I dated in high school, and she was not the most faithful of girlfriends, and I know of other guys she dated, whom she cheated on. So I was wondering if she was actually the other party involved in Cadet Smith's trial, especially since all other articles involving Webster Smith fail to mention her.
I assumed since Shelly Raudenbush isn't exactly a common name that it was the same person. Shelly did move to our school, when we were in elementary school. The Shelly that I know was very active with the track team.
I assure you I am not out for any kind of revenge, I am more or less just curious about an old acquaintance, and if she is a party to all of this, and what you say is true, then I have great sympathy for Mr. Smith.
Thank you for your time.
Regards,
Doug Genna
International Herald Tribune - France
(The Associated Press) WEDNESDAY, NOVEMBER 28, 2007
Lawyers for a former cadet who was the first student court-martialed in the 130-year history of the U.S. Coast Guard Academy's are seeking to reverse his convictions for sexual misconduct.
The best Christmas present the Coast Guard could give to the Lawyers from the WilmerHale law firm for former Coast Guard cadet Webster Smith would be to rule against them.
It has occurred to me that the best payment the Law Firm could get for representing Webster Smith would be another chance to make history. Taking this case pro bono, it is obvious that they will not receive any direct financial compensation for their services; but, they already have more money than they can spend.
Far more than money, a chance to make history by arguing the case before the Supreme Court would be just compensation.
I believe that they have followed this case from day one. They had a premonition of its precedent setting nature. When would another case of this unique nature come along? Not in a thousand years.
Like God up in Heaven, hoping that Pharoah would not give in and let the Hebrews go free, just so He could give the world repeated displays of his awesome power, WilmerHale may be secretly in its heart of hearts hoping the Coast Guard is as perverse as some have said that they are. That would give WilmerHale a chance to make it to the Supreme Court to argue a really very simple and easy case of the wrongful prosecution of the first Black Cadet at the Coast Guard Academy.
Now, that is a trophy worth more than a million dollar retainer. That would add a modern and impressive new paragraph to their website. They would continue to stroll down the corridors of History as the nation's preeminent civil rights law firm.
Knowing the Coast Guard as I do, I think that they are about to give WilmerHale the number one item on their Christmas Wish List.
Of course, I could be wrong and the Coast Guard just might get religion and do the right thing.
Time will tell.
The Thomas Jackson Center for Equal Civil Rights is dedicated to Equal Civil Rights for all people, regardless of race, color, religion, ethnic origin, class status and reprisal discrimination. We want to hear from all employees (on both sides of the table) who have or feel they have been treated unfairly by the Coast Guard Civil Rights process.
Mandi and I both started doing a little research on Webster Smith recently. I was already familiar with Websters story to some small degree, mostly what has appeared in the Navy Times. We both searched the Internet to learn more and prepare to follow his case for TJC. What our research has shown is that there is already great coverage of his case, and we can't really add too much more. What we can bring to his case is our audience, our readers. There is strength in numbers and we hope to add to his number of supporters.
Webster Smith was entitled to his Civil Rights the same as anyone else. He was entitled to have his rights applied fairly and equally. What we can do is continue to document where we know and hope the Coast Guard can do better, and that in treating everyone with the same dignity and respect they deserve.
You can help by following his story at Friends of Webster. Our plan at TJC is to assist where we can, and provide our readers with updates as necessary.
For those of you who are counting, this brings to three the number of cases we're following inside the Coast Guard. We have only scratched the surface.
http://equalcivilrights.blogspot.com/2007/12/united-states-coast-guard-civil-rights_6916.html#links
Beverly Herbert said: "I attended the Easter service at Connecticut College and was glad that I did. I was pleasantly surprised at the positive message by the former-Gov. John G. Rowland in which he spoke of his journey from the high to the low and how faith brought him through.
I know many people think of John Rowland as the worst governor ever. However, during his administration I remember writing to him and actually getting an answer and getting the issue addressed. Also, I remember when calling the governor's office that his staff was always courteous, gracious, knowledgeable and helpful.
Many people seem to want to make the former governor the poster boy for political corruption in Connecticut.
Making him the poster boy can no more solve the problem of political corruption in Connecticut than making Webster Smith the poster boy for all the sexual misconduct and abuse that had gone on at the Coast Guard Academy for years without anyone being held accountable.
Beverly Herbert
The Coast Guard Court of Criminal Appeals by a narrow margin has made the wrong decision for the wrong reason. They have left the Sixth Amendment to the U S Constitution in shreds. By a majority of 2-1, they voted against Webster Smith. Only one member of the Appellate Court was able to see clearly the errors made by the Trial Court. There will be much said about this decision in the future.
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.
The congressman who worked hand in hand with the Coast Guard and almost pressured the Coast Guard Academy to court-martial a cadet just to send a message to cadets at all service academies about sexually assaulting female cadets, Christopher Shays, is in trouble.
Chris Shays has a Coast Guard admiral in Washington DC ready to testify before his Committee the day Webster Smith was court-martialed.
Locked in a tough re-election campaign in a district that overwhelmingly supports Barack Obama, Connecticut Rep. Christopher Shays has joined some fellow Republicans in publicly voicing frustration with John McCain's presidential campaign.
Shays told The Associated Press on Wednesday that the Republican nominee's campaign has gone too negative against Obama, and has muted his message of being an independent thinker with the best ideas and experience needed to solve the nation's problems.
With the tone of the campaign and Obama's lead in the polls, McCain will have a difficult time winning the presidency, Shays said, although he believes it's still possible.
The Court of Appeals for the Armed Forces (CAAF) will hear the WEBSTER SMITH case. Oral Argument has been scheduled for September 2009!
This entry was posted by cgreports.wordpress.com on June 11, 2009 at 6:26 pm and is filed under Uncategorized.
QUOTE: "We were notified today that Webster Smith, the first cadet to ever be courts-martialed at the U.S. Coast Guard Academy has had his site blocked by the U.S. Coast Guard. Smiths website “Friends of Webster” is not accessible inside the Coast Guard domain. We reviewed the site and couldn’t find anything in our cursory review that would warrant being blocked."
UNQUOTE
See-http://cgreport.wordpress.com/2009/06/11/webster-smith-former-u-s-coast-guard-academy-cadet-blocked-inside-coast-guard-domain/
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