Reginold D. Allison - U.S. Navy - Convicted Sex Offender

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Name: Reginold D. Allison

Case: U.S. v. Allison No. NMCCA 200000637

Sentence adjudged October 15 1999

Plea: Not Guilty

Charges: Rape, Assault, Battery With A Knife

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? Yes, Michigan

A general court-martial composed of officer and enlisted members, convicted the appellant, contrary to his pleas, of fleeing apprehension, rape, assault consummated by a battery (choking), assault consummated by a battery with a knife, and burglary (with intent to commit rape), in violation of Articles 95, 120, 128, and 129, Uniform Code of Military Justice, 10 U.S.C. §§ 895, 920, 928, and 929.

The members sentenced the appellant to confinement for 8 years, reduction to pay grade E-1, total forfeiture of pay and allowances, and a bad-conduct discharge. The convening authority approved the adjudged sentence and, except for the bad-conduct discharge, ordered it executed.

We have carefully considered the record of trial, the appellant’s four assignments of error, and the Government’s response. We conclude that the findings and the sentence are correct in law and fact and there is no error materially prejudicial to the substantial rights of the appellant. Arts. 59(a) and 66(c) UCMJ.

The appellant further asserts that these witnesses were unqualified to provide statistical analysis testimony and that they failed to explain the population genetics underlying that testimony. The appellant avers that this court should set aside the findings pertaining to the burglary and rape charges and the sentence. We disagree.

The appellant lived in the Boorda Hall barracks aboard Naval Training Center (NTC) Great Lakes, Illinois. Record at 700. According to the testimony of an acquaintance of the appellant’s, at about 1800 or 1900 hours on the evening before the attack, the appellant said, while looking out of his (appellant’s) barracks room window, that he could see directly into the barracks room of YN3 R, and that he could “smack the guts” (have sexual intercourse) with her anytime he wanted to.

YN3 R testified that early in the morning, at about 0515, a man wearing a black ski mask and gloves, who was at the foot of her bed “grunting,” awakened her in her room. Id. at 663-64. She testified that he then attacked her, but she fought back and tried to reach a “little pocket knife” she kept on her windowsill.

According to the testimony of Great Lakes Police Department Officer Captain (CAPT) Smith, after he arrived in response to a report of a sexual assault and found that the attacker was gone, he also found that YN3 R’s retractable bedroom window was broken. He further testified that he immediately saw on the carpet in the hallway area of YN3 R’s room, a bent, bloody “steak” knife, and a “used” condom. Id. at 1210-1211. The condom was on the floor close to the front door, just around the corner from where YN3 R regained consciousness.

Yates testified that DNA from sperm found inside the condom worn by the attacker and left at the scene matched the appellant’s blood DNA profile.