Clifton L. Manns Gunner’s Mate (Guns) First Class U.S. Navy Convicted Sex Offender Indecent Acts On A Child

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Name: Clifton L. Manns

Case: United States v. Manns No. 99-0853 Crim. App. No. 98-0641

Date Of Appeal: April 4, 2000

Plea: Guilty

Charges: Indecent Acts On A Child

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? NO

Judge GIERKE delivered the opinion of the Court.

A military judge sitting as a special court-martial convicted appellant, pursuant to his pleas, of attempting to commit indecent acts, committing indecent acts, indecent assault, and disorderly conduct, in violation of Articles 80 and 134, Uniform Code of Military Justice, 10 USC §§ 880 and 934, respectively. He was sentenced to a bad-conduct discharge, confinement for 6 months, forfeiture of $600.00 pay per month for 6 months, and reduction to the lowest enlisted grade.

The convening authority approved the sentence, except for the confinement, which he reduced to 175 days. Pursuant to a pretrial agreement, the convening authority suspended the forfeitures for 12 months. The Court of Criminal Appeals affirmed the findings and sentence. 50 MJ 767 (1999).

Our Court granted review to determine whether the Court of Criminal Appeals erred by finding that appellant’s unsworn statement, "I have tried throughout my life, even during childhood, to stay within the laws and regulations of this country," was an assertion of fact, subject to rebuttal. 52 MJ 481 (1999). For the reasons set out below, we affirm.

Appellant’s responses during the plea inquiry and a stipulation of fact established that appellant committed numerous offenses against his stepdaughter, TM, over a 3-year period, while she was between the ages of 14 and 16. On two occasions, he attempted to pull TM on top of him for sexual gratification. On 17 or 18 occasions, he fondled and touched TM’s breasts. On approximately 6 occasions, he watched TM take a shower.

Appellant made an unsworn statement during the sentencing phase of the trial. He told the military judge:

I regard the Navy’s core values of commitment, honor and courage very seriously. I believe my service record reveals me to be of good character, solid skills and dedication. I have tried throughout my life, even during childhood, to stay within the laws and regulations of this country.

(Emphasis added.)

In rebuttal, the prosecution offered Prosecution Exhibit 3, a 34-page document, which was received over defense objection.

It included a psychological evaluation report reflecting that, during an interview with a clinical psychologist, appellant admitted using marijuana before enlisting in the Navy, committing adultery, using prostitutes on four occasions, and looking at pornography. Much of the report’s narrative describes appellant’s denials that he had ever participated in deviant sexual behavior other than the charged offenses. The report also contains appellant’s admission that he is obsessed with sex. Finally, the report contains the psychologist’s conclusion that appellant does not accept full responsibility for his behavior.