Edward L. Mitchell Master Sergeant U.S. Air Force Convicted Sex Offender Indecent Acts Upon AChild

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Name: Edward L. Mitchelll

Case: United States v. Mitchell No. 96-1198

Date Of Appeal: December 16, 1997

Plea: Guilty

Charges: Indecent Acts Upon A Child

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

A general court-martial composed of officer and enlisted members convicted appellant, pursuant to his pleas, of committing indecent acts upon a child under the age of 16 years, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. The court sentenced him to confinement for 5 years, forfeiture of $500.00 pay per month for 5 years, and reduction to E-4. The convening authority approved only so much of the sentence that extended to confinement for 4 years and reduction to the grade of E-4. The Court of Criminal Appeals affirmed the findings and the sentence as approved by the convening authority.

Appellant enlisted in the Air Force on July 31, 1974. His last reenlistment was in September 1988, for a period of 6 years. In April 1994, appellant signed a 19-month extension of his enlistment, to be effective on September 19, 1994.

On July 12, 1994, almost 20 years after his original enlistment, appellant committed the offenses that were the subject of this court-martial. When confronted by the victim’s father, appellant responded that he would not call the child a liar and acknowledged, "I know that I need help." Thereafter, appellant endeavored to expedite the process of his court-martial and to address the needs of his family.

As part of that process, appellant entered into a pretrial agreement that reflected his concern about the financial circumstances of his family. Appellant agreed to plead guilty to one specification of committing indecent acts, and the convening authority agreed to drop a similar specification. The agreement did not limit the period of confinement, if adjudged; nor did it protect appellant’s anticipated military retirement income by precluding a punitive discharge. The only limitation on the sentence was an agreement by the convening authority to suspend any adjudged forfeiture of pay and allowances, to the extent that such forfeiture would result in appellant’s receiving less than $700.00 per month. Under the agreement, the forfeitures would be suspended for a period of 12 months or the duration of confinement, whichever was greater. As part of the pretrial agreement, appellant agreed to execute a monthly allotment to his family for $700.00.

Appellant's court-martial took place on September 14, 1994 – 5 months after approval of the extension of his enlistment, and 5 days before the period of extension would begin. At trial, the military judge accepted appellant's pleas. The military judge specifically discussed with appellant the details of the agreement requiring him to establish a monthly allotment of $700.00 for support of his family, and providing for suspension of any adjudged forfeitures, to the extent necessary to permit him to provide such an allotment.

During the sentencing proceeding, the members posed specific questions about appellant’s continuing eligibility for pay, if confined. The military judge, with the agreement of both parties, advised the members that appellant would not lose either his base pay or his basic allowance for quarters. He instructed the members separately on what action they needed to take if they wished to adjudge forfeitures.

The members sentenced appellant to confinement for 5 years, forfeiture of $500.00 pay per month for 5 years, and reduction to E-4. No discharge was adjudged. The sentence was consistent with his request that the members punish him, not his family, for his misdeeds. Appellant had asked the members to minimize forfeitures and reductions and to not impose a punitive discharge so he could remain eligible for retired pay.