Michael A. Orben - U.S. Airforce - Convicted Sex Offender

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Name: Michael A. Orben

Case: United States v. Orben No. 89-192

Date Of Conviction: June 5, 1989

Plea: Guilty

Charges: Indecent Acts On 12 Year Old Boy

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

The judgment of the Court of Military Appeals was entered on June 5, 1989. The petition for a writ of certiorari was filed on August 3, 1989. The jurisdiction of this Court is invoked under 28 U.S.C. 1259(3) (Supp. V 1987).

Following a general court-martial before a military judge at Grand Forks Air Force Base, North Dakota, petitioner, a member of the United States Air Force, was convicted of various types of indecent conduct in four separate specifications involving three different boys under the age of 16, all in violtion of Article 134 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 934 and para. 87, Manual for

Courts-Martial, United States -- 1984 (Manual) IV-129.

Petitioner was stationed at Grand Forks Air Force Base in North Dakota beginning in July 1985. By mid-September of 1985, petitioner had befriended three dependent sons of military members assigned to the base. All three boys were under the age of 16.

Petitioner became acquainted with all three boys at the video arcade section of the base bowling alley. Under the guise of friendship, petitioner took the boys on outings to movies, stores, and restaurants. During these outings, petitioner engaged in the conduct for which he was convicted.

One of the four specifications charged petitioner with committing indecent acts with EH by showing EH several magazines that contained pictures depicting full body nudity of adults and children with the intent to arouse EH and

himself sexually. That specification stemmed from the following facts:

EH was 12 years old when he met petitioner at the video arcade in July 1985. Petitioner took EH to the base movie theater a few times before school began in late August or early September 1985. On a later occasion, petitioner took EH to a video arcade at a local shopping mall off-base. While the two were in petitioner's car, petitioner placed his hand on Eric's inner thigh three times, but each time EH pushed petitioner's hand away.

On a separate occasion in the parking lot of the base bowling alley, EH and a friend sat with petitioner in his car. Petitioner produced a copy of Playboy magazine, opened it, and showed it to them. EH testified that he saw pictures of a woman nude from the waist up.

On another occasion, EH was alone with petitioner in his car. While leaving the bowling alley, petitioner produced a magazine that he said was German, opened it, and gave it to EH. EH saw "kids standing there naked," who appeared younger than he was and whose genitals were fully displayed. EH returned the magazine to petitioner, who said that "this was all right in Germany" and "you can get these everywhere."

He was sentenced to confinement for one year, a dishonorable discharge, total

forfeiture of pay and allowances, and a reduction in rank. The convening authority approved the findings and sentence. The Air Force Court of Military Review affirmed the findings and sentence. The Court of Military Appeals granted discretionary review and affirmed.