Albert G. Carey Commander (O-5), U. S. Navy Convicted Sex Offender Sodomy And Indecent Acts With A Child

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Name:Albert Gregory Carey

U.S. V. Carey No. NMCCA 200201238

Date Of Appeal: November 15, 2006

Plea: Not Guilty

Charges: Sodomy and indecent acts with a child

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? YES California

The appellant was convicted, contrary to his pleas, at a general court-martial composed of officer members, of sodomy on divers occasions with his natural daughter who was then between 12 and 16 years of age; one specification of indecent acts with his natural daughter who was then between 12 and 16 years of age; and two specifications of indecent acts by having sexual intercourse with his natural daughter who was at the time at least 16 years of age, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934. The appellant was sentenced to confinement for 8 years and a fine of $75,000.00 with provision to serve an additional 2 years of confinement if the fine was not paid.

After carefully considering the record of trial, the appellant’s assignments of error, the Government’s response, the reply brief, and the outstanding oral argument by both parties, we conclude that the finding of guilty to one specification of indecent acts must be set aside and dismissed. We further conclude that the remaining findings of guilty are correct in law and fact. However, we provide sentence relief in our decretal paragraph. We conclude that no other error materially prejudicial to the substantial rights of the appellant was committed.

The appellant was convicted of sexually abusing his daughter MC by orally sodomizing and fondling her on divers occasions when MC was between 12 and 16 years of age, and having sexual intercourse with her on divers occasions after she turned 16 years of age. The appellant’s offenses came to light when MC, then 20, confided to a friend at a religious conference that she had been sexually abused by her father, the appellant. MC reported the appellant’s conduct to local authorities after her friend threatened to report the appellant if she did not. After reporting the appellant’s conduct, MC cooperated with Naval Criminal Investigative Service (NCIS) in an extensive investigation of the alleged offenses that included secretly audio taping her conversations with family members.

At trial, MC testified that the appellant began sexually abusing her when she was 5 years old. She testified to a pattern of sexual abuse that evolved from genital fondling to oral sodomy and finally sexual intercourse as she became older. She testified that she had performed oral sex on the appellant “every week” that he was home and had engaged in sexual intercourse with the appellant “hundreds of times” since she was 12 years old. Record at 328, 331. MC also testified that the appellant had sexually abused DC, her younger sister, on numerous occasions and described one such occasion during which the appellant had directed them both to perform oral sex on him. MC stated that most of the sexual abuse had happened in the family home while Mrs. Carey and DC were away, or during summer trips with the appellant.

Through her testimony, MC described two summer trips during which the appellant had sexually abused her. One was a trip to visit colleges in the southeastern United States during June 1998, and the other was a vacation to the northeastern United States in July and August 1999. MC testified that she and the appellant were alone on both trips and that they had sexual intercourse on several occasions during each trip. She also testified that there was usually only one bed in the hotel rooms where they stayed during these trips. The Government presented business records and testimony from hotel employees confirming that many of the hotel rooms in which MC and the appellant had stayed contained only one bed.

Carey's wife testified that her husband never took a trip alone with the daughter.