Name: Craig L. Simpson
Case: United States v. Simpson No. 00-0126
Date Of Conviction: April 11, 1997
Plea: Not Guilty
Charges: Sodomy Of A Child
Military Branch: U.S. Airforce
Listed In National Sex Offenders Registry? YES - Here
Appellant was the neighbor of AP, the 9-year-old daughter of another Air Force member. On December 6, 1996, Special Agent Ovie Lee Carroll of the local Office of Special Investigations (OSI) detachment learned of AP’s allegation that appellant sexually abused her. Later that day, Agent Carroll observed an interview conducted between the victim and Child Protection/Family Services.
After it was determined that appellant should be interviewed the following day, Agent Carroll obtained two search warrants to search appellant and his residence. On the search warrants, Agent Carroll described the offenses as "Violation of UCMJ Articles: 92 Failure to Obey Order or Regulation, 128 Assault, 134 Indecent Acts or Liberties with a Child, 125 Sodomy, and 120 Rape."
On December 7, 1999, Agent Carroll interviewed appellant. Prior to the interview, Agent Carroll orally advised appellant of his rights under Article 31(b), UCMJ, 10 USC § 831(b), advised him of his right to counsel, and told him that the matter he was investigating was "indecent acts or liberties with a child." Appellant waived his rights and indicated he "would be willing to answer questions and make a statement about the offense – or the allegations."
During the interview, Agent Carroll informed appellant that AP said she was at his house between Halloween and Thanksgiving when appellant led her into his room by the wrists, forced her to perform sex acts on him, pointed a weapon at her, and showed her bullets in the weapon during the incident. In response to this "positive confrontation," appellant stated that AP voluntarily agreed to participate in the indecent acts and sodomy.
After the interview, Agent Carroll took a written statement from appellant that memorialized his confession. Appellant reviewed the statement for accuracy and was re-advised of his rights. Agent Carroll testified that the second rights’ advisement was given because the agents wanted to make sure that appellant understood his rights and the nature of the offense. Appellant then signed the written statement. At no time during the interview did appellant indicate he did not understand his rights
Contrary to his pleas, appellant was convicted by a military judge at a general court-martial of committing sodomy with a child, committing indecent acts with a child, and dereliction of duty, in violation of Articles 125, 134, and 92, Uniform Code of Military Justice, 10 USC §§ 925, 934, and 892, respectively. Appellant was sentenced to a dishonorable discharge, 4 years’ confinement, and reduction to the lowest enlisted grade.
The convening authority approved the sentence but suspended confinement in excess of 2 years for 4 years. The Court of Criminal Appeals affirmed the findings and sentence in an unpublished opinion.