Name: Danyel D. Green
Case: United States v. Green No. 06-0520 Crim. App. No. 20021126
Date Of Conviction: 2006
Plea: Mixed Pleas
Charges: Indecent assault
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? NO
A general court-martial composed of a military judge sitting alone convicted Appellant, pursuant to mixed pleas, of cruelty and maltreatment (seven specifications), false official statement, assault consummated by a battery, indecent assault (two specifications), solicitation to commit adultery (two specifications), and adultery (three specifications), in violation of Articles 93, 107, 128, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 893, 907, 928, 934 (2000).
The sentence adjudged by the court-martial included a badconduct discharge, confinement for thirteen months, forfeiture of all pay and allowances, and reduction to the lowest enlisted grade.
The convening authority approved the findings and approved that portion of the sentence that provided for a badconduct discharge, confinement for thirteen months, and reduction to the lowest enlisted grade. The United States Army Court of Criminal Appeals affirmed in an unpublished opinion.
Appellant faced a maximum sentence to confinement of twenty-five years and three months.
In the course of addressing Appellant, the military judge made the comments which are the subject of the present appeal. After describing Appellant as “a predator” who operated “in secret,” the military judge said: “Some of the documents I’ve seen describe you as God fearing, strong in your belief in God. The last time I looked there were 10 commandments. Apparently one of those, which addresses your actions, you must have missed in the reading.”
The military judge noted that Appellant abused his leadership role as a noncommissioned officer, caused his victims mental duress, damaged the Army’s reputation, and caused the Army financial detriment because several of Appellant’s victims testified that they would not reenlist.
In his concluding remarks, the military judge told Appellant that his actions “weren’t mistakes, these were
choices.”
The decision of the United States Army Court of Criminal Appeals is affirmed
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Danyel D. Green
Sergeant U.S. Army
Indecent Assault
