Name: Paul G. Herberty
Case: U.S. v. Herberty No. 99-0778
Date Of Conviction: 1996
Plea: Not Guilty
Charges: Indecent Acts, see below
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? NO
Senior Judge COX delivered the opinion of the Court.
On August 12-22, 1996, Lieutenant Colonel Paul G. Huberty was convicted by officer members of consensual sodomy, fondling his genitals in a public area, indecent acts, and adultery, in violation of Articles 125, 133, and 134, Uniform Code of Military Justice, 10 USC §§ 925, 933, and 934.
On February 11, 1997, the convening authority approved the sentence of dismissal, confinement for 6 months, and a reprimand, and the court below affirmed.
Appellant is a 39-year-old Lieutenant Colonel with over 18 years of active service. He is married and has three children. The offenses occurred while he was assigned to Geilenkirchen NATO Air Base in Germany.
Appellant’s conviction for dishonorably fondling his genitals arose out of an incident at a public swimming pool in the Netherlands involving two Dutch women.
The sodomy, indecent acts, and adultery occurred with AH, a 17-year-old female who accompanied appellant and his family to Germany as his legal ward.
Appellant pleaded not guilty to all offenses and testified in his own defense. He denied exposing himself to the two Dutch women, blaming them for being in the men’s area.
He also denied having an improper sexual relationship with AH. At trial, the defense called Dr. Terence Campbell, a civilian psychologist, to testify as an expert witness. The Government also called an expert witness, Dr. Snyder, an Air Force psychologist, to rebut Dr. Campbell’s testimony
Conclusion
The decision of the United States Air Force Court of Criminal Appeals is affirmed.