John S. Pace - U.S. AirforceConvicted Sex Offender - Indecent Acts With A Child Under 12

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Name: John S. Pace

Case: United States v. Pace No. ACM 36222

Date Of Conviction: January 11, 2005

Plea: Guilty

Charges: Indecent acts with a child under 12, and other charges, see below

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

Sentence adjudged 11 January 2005 by GCM convened at Vandenberg Air Force Base, California. Military Judge: Jack L. Anderson (sitting alone). Approved sentence: Dishonorable discharge, confinement for 14 years, and reduction to E-1

The appellant pled guilty to one specification of rape of a child under 16 years of age, one specification of indecent acts with that same child, and one specification of assault consummated by battery on a second child, in violation of Articles 120, 134, and 128, UCMJ, 10 U.S.C. §§ 920, 934, 928.

The appellant, a 37-year-old non-commissioned officer, began molesting his youngest victim, AD, when she was only 11 years of age. The appellant’s assaults on EG, who was at the time 13 years old, were not as extensive, but were egregious nonetheless: on several occasions, he touched EG inappropriately touched her under clothing on at least two occasions, while in the presence of other children. Although the appellant reduced AD to tears after the first incident, and EG yelled at him and ran away after he touched her, the appellant persisted in his misconduct.

AD described the appellant’s repeated acts of molestation in far more harrowing terms. The appellant not only took advantage of his parental authority to secure her silence and acquiescence, he also used physical force when he raped AD shortly after her twelfth birthday. The appellant grabbed AD, pushed her down when she tried to get away, and, despite her entreaties to stop, sexually assaulted her. He told her “You’re about to have an orgasm” and to “shut up.”Not until she “screeched” because of the pain and kicked him did the appellant relent, and even then only after he apparently ejaculated. AD testified about how, after the rape, she had trouble sleeping, threw up repeatedly, and experienced nightmares about being raped again. Shortly before trial, she cut her wrists with a pair of scissors.

While professing at trial not to blame his victims, the appellant told the military judge that AD was“particularly affectionate toward me,” and “seemed like she was coming on to me.” He described himself as “very passive” and opined that he “just let things get worse.” (emphasis added.)

A military judge sitting alone as a general court-martial found the appellant guilty, in accordance with his pleas, and sentenced him to a dishonorable discharge, confinement for 14 years, and reduction to E-1. The convening authority approved the findings and sentence as adjudged. On appeal, the appellant claims that his trial defense.

The appellant claims his trial defense counsel were ineffective because they allowed the prosecution to introduce, without objection, evidence that hundreds of pornographic images depicting children were seized from the appellant’s home computer. The appellant claims the images were damaging and prejudiced his defense, giving the trial counsel a springboard from which to suggest that the appellant was a “predator” who deserved a lengthy sentence.

The findings and sentence are correct in law and fact, and no error prejudicial to the substantial rights of the appellant occurred. Article 66(c), UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000). Accordingly, the findings and sentence are AFFIRMED