Posted on May 14, 2018
Senior Air Force Academy cadet acquitted of sexual assault
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Responses: 28
This is something that cadets are warned about over and over. Both of them should be delayed, not just him. They had alcohol in the dorm, sex in the dorm, both of those are violations, regardless. People get delayed in graduation for all sorts of reasons from academic to physical; that should not stop him especially if he learned his lesson and does a good job once commissioned.
LTC Stephen F. Lt Col John (Jack) Christensen Lt Col Jim Coe Col (Join to see) MSgt Robert "Rock" Aldi COL Mikel J. Burroughs SGT David A. 'Cowboy' Groth MAJ (Join to see)
LTC Stephen F. Lt Col John (Jack) Christensen Lt Col Jim Coe Col (Join to see) MSgt Robert "Rock" Aldi COL Mikel J. Burroughs SGT David A. 'Cowboy' Groth MAJ (Join to see)
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SMSgt Lawrence McCarter
CMSgt (Join to see) - Seems Muller failed to understand quite a few points of law for example having a Russian Company that didn't even exist in 2016 when He alleges certain thing happened plus a complete failure to show intent which is an element of the alleged crime. He was grandstanding and never thought this would go to trail, well guess what, they have filed motions for discovery and Mr. Muller has egg on His face. I wouldn't be too surprised if Mr. Muller's own conduct doesn't get Him in trouble. His lack of ethics or at least very poor legal procedure is starting to become very apparent and it seems by no means impartial. He doesn't even seem to grasp the concepts a first year Law Student may have already learned.
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It will be interesting to see if they hammer him for the rules violation, having sex in the dorms. However, if they do that then they should hammer the “victim” too since a jury concluded that it was a consensual event.
My opinion, is that he should be able to graduate with the rest of his class. Then send him to Minot where all new AF 2LT’s go.
My opinion, is that he should be able to graduate with the rest of his class. Then send him to Minot where all new AF 2LT’s go.
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SPC Kevin Ford
To be clear, the jury did not find that it was a consensual event. They found that there wasn't enough evidence to conclude that is wasn't a consensual event, which isn't the same thing.
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Col Joseph Lenertz
SPC Kevin Ford - True. No is EVER found innocent at trial. They are found not guilty. I don't think we want to change the standard of justice to require proof of innocence rather than proof of guilt.
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SMSgt Lawrence McCarter
Col Joseph Lenertz - In all trials there is a presumption of innocence before and during the trial. The finding of Not Guilty as You say the government was unable to prove that guilt beyond a reasonable doubt. The burden of proof is always with the government but usually they are pretty careful to make sure they have a strong enough case to prove their allegations of a crime before proceeding.
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Col Joseph Lenertz
SMSgt Lawrence McCarter - Yes, exactly. And we don't want to move to the idea that the accused must prove his or her innocence.
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No, it shouldn't. If there's no charge, there should be nothing to follow him. But that's really not how America operates these days. Especially when it comes to sex crimes. Part of me is surprised they even had a trial and didn't just take him out back and shoot him based on the allegations alone.
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SMSgt Lawrence McCarter
I do remember one case at Hansom AFB, MA drinking was involved and the male individual did commit sexual acts on a female that was already passed out, both had been drinking heavily. The Male individual even video taped the acts and later the female became aware of the video tape and didn't even know that had happened. The Male was Court Martialed and sentenced to Leavenworth and also received a Dishonorable Discharge. Not much question about it as this idiot also even provided the evidence of His own crime. My sympathy to the female as a victim but none at all for the rapist.
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MAJ (Join to see)
SMSgt Lawrence McCarter - That's a case where clearly a crime was committed and the actions taken were warranted. But too few of these sorts of "events" have such clear and concise evidence.
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SMSgt Lawrence McCarter
MAJ (Join to see) - True, and in this case the accused provided the strongest evidence Himself even making others aware of a crime they would not otherwise perhaps of ever known happened. Not often someone is that stupid but there are some that are as this case proves.
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