Monday, October 28, 2013

Sexual Assault At Coast Guard Academy, The Webster Smith Case Appendix 4 & 5

Appendix 4

The Appeals Begin

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.

Oral Arguments before the Coast Guard Court of Criminal Appeals is set for 16 January 2008 in Arlington, Va.

Appendix 5

Webster Smith Appeals The Conviction


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 (SR), had once had consensual sex with a Coast Guard enlisted man and then called it sexual assault.
LCDR. 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.




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