Posted on 05/10/2005 11:37:37 PM PDT by Former Military Chick
FORT RUCKER, Ala. - A mobilized National Guard lieutenant was acquitted of rape and adultery charges in a court-martial at Fort Rucker, Ala., but the judge found him guilty April 27 of conduct unbecoming an officer.
1st Lt. Michael Hall, 278th Armored Cavalry Regiment, from Nashville, Tenn., was acquitted of the first two charges due to what the defense called "an abundance of reasonable doubt and the judge's ability to sift through the garbage and find the truth."
At the conclusion of the three-day trial, Judge (Col.) Richard Gordon said the defense counsel successfully disproved Hall's accuser, 1st Lt. Jennifer Dyer. The judge said defense witnesses provided ample testimony conflicting with what Dyer said on the witness stand.
"Our feeling is that this rape charge was fabricated by (Dyer) to avoid going to Iraq," said Victor Kelley, Hall's defense attorney. "We proved Dyer did what she had to do to complete her goal. Hall was simply collateral damage."
Dyer testified that Hall followed her home from a Camp Shelby, Miss., officers' club before raping her twice in her barracks room in the early morning hours of Aug. 9, 2004.
After a night of dancing and drinking, Hall testified that the evening ended with consensual sex between the two Soldiers.
Hall was found guilty of conduct unbecoming an officer because the prosecution successfully proved he had sex without disclosing that he suffered from Herpes Simplex II, a sexually transmittable disease.
"The accused, Lieutenant Hall, has no respect for Army values," said Capt. Richard Dodson, one of the government prosecutors in the case. "He has condemned himself by not being forthcoming with his STD status and potentially passing on a horrible disease. He morally compromised himself by keeping this a secret, and for his actions he doesn't deserve to wear the uniform."
For this, Gordon sentenced Hall to pay $1,000 a month for four months and to be given a written letter of reprimand. He was not relieved of duty and will not serve jail time, as the maximum sentence would allow.
The judge ruled that adultery was not proven, even though Hall is legally married and admitted to the extramarital affair, due to the fact the prosecution did not effectively convince the judge that Hall's actions "directly affected the reputation of the military in a negative manner."
Hall will most likely return to his unit. His commander, Capt. Owen Ray, said in trial testimony that he would be glad to have Hall return to duty and join the unit currently deployed to fight the Global War on Terrorism in Iraq.
"Hall is a dependable Soldier," said Ray under oath. "He was one of the best decision-makers I had in a lieutenant. I would like to have him serve with me now."
"I want the opportunity to return to my unit," Hall said during sentencing. "I want to show my fellow Soldiers what I did was a mistake and that this in not the person I am."
Hall met briefly with media after the trial. As his wife stood by him, he choked up with emotion as he began his statement.
"I would like to thank my friends and family for sticking by me, the judge for showing compassion with his verdict, and God for being there throughout this ordeal," he said. "I will spend the rest of my life making this up to my beautiful wife and daughter who, for some reason, still love me dearly."
The eight-months pregnant Dyer was in tears as the verdict was read and left the courtroom with her husband before the sentencing phase began.
She made no statement to the media upon her departure.
My comment would be pulled if I say what I would like to say. But, should she contract this STD, well it couldn't have happened to a better person.
Oddly enough, the second case where STD has actually entered in the courts. Vick the quarterback is the other that comes to mind.
I'm glad he was exonerated of the rape charges. I always thought her allegations sounded suspicious. I would add, though, that he might not find himself carrying STDs or being charged with rape if he'd learn to keep his pants zipped and stay home with his wife.
Most of them achieve the same goal by simply getting pregnant, and don't go to the trouble of trying to sully another human being's reputation and ruin his life.
This is one reason (among many) I chose not to continue my Navy career, I saw too many good E-6's and above careers ruined by some little bootcamp hussy because she didn't want to perform her duty.
(Before I get my ass jumped, my wonderful wife of 9 years is a former Navy E-5, we met while working together at NAS Whiting Field, Fl.)
btw....just because she didn't prove her case, doesn't mean it didn't happen.....
but nice of you to defend this philandering STD carrier.......we need more of him in the services...../sarcasm/
if he'd learn to keep his pants zipped and stay home with his wife.
Now, that wouldn't be much fun would it?
what part of his reputation did this woman exactly sully?.....his moral charcter?....his honesty?.......
geesh......
I think most of us here knew these charges were false. We had our share of critics though. We can feel vindicated now.
Hello?????......he admitted that he cheated on his pregnant wife with this person and he admits that he is a carrier of a sexual disease.....
Where did you get the idea that his wife was pregnant?
"due to the fact the prosecution did not effectively convince the judge that Hall's actions "directly affected the reputation of the military in a negative manner." " The article said.
Trailor park, Army style.
A slob officer who can't keep his thing to himself, lies about STDs. A skirt that throws her legs apart to avoid going to Iraq "But I bet she knows her rights-EO".
Unbelievable!
Red6
The part that obeys the law and doesn't commit violent rape against women.
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