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Sexual Offender
Conviction Records
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An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Jessie R. Morales
Lance Corporal (E-3), U.S. Marine Corps
Convicted Sex Offender
Forcible Sodomy Of 3-Year-Old Child
Name: Jessie R. Morales
U.S. V. Morales NMCCA 200200490
Decided July 30, 2004
Sentence adjudged March 13, 2001
Plea: Guilty
Branch: U.S. Marine Corps
Charges: Forcible sodomy of a 3-year-old child
Listed In National Sex Offenders Registry? No
A military judge sitting as a general court-martial convicted the appellant, pursuant to his pleas, of forcible sodomy and committing indecent liberties and acts, all with the same 3-year-old female victim. The appellant's crimes violated Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934. Ruling that the appellant's crimes were multiplicious for sentencing purposes, the military judge sentenced the appellant to confinement for 17 years, reduction to pay grade E-1, and a dishonorable discharge.
In taking action on the case the convening authority approved the sentence as adjudged. Consistent with the terms of the appellant's pretrial agreement, the convening authority deferred execution of automatic forfeiture of pay and then waived execution for a period of 6 months following the date of the action.
We have carefully reviewed the record of trial, the appellant’s sole assignment of error, and the Government’s response. Following our detailed review, we conclude that therror materially prejudicial to the substantial rights of the appellant was committed. Arts. 59(a) and 66(c), UCMJ.
Before this court the appellant asserts for the first time that he was subjected to illegal pretrial punishment. By post-trial declaration he alleges that during his pretrial confinement at Camp Lejeune, NC, he spent most of the time alone in a cell that measured 8 x 10 feet. He also complains of extreme temperatures in his cell. At times in the winter it "was so cold I could see my breath condense." Appellant's Declaration of 15 Dec 2003. In the summer it was so hot that "one could not stand barefoot on the deck." Id. As relief, the appellant seeks administrative credit to be applied to his approved sentence to confinement. Appellant's Brief of 31 Dec 2003 at 4. In response the Government argues that the appellant has failed to establish that the conditions of his confinement were illegal.
In resolving the issue of whether the appellant has suffered a violation of Article 13, UCMJ, we must first determine whether the appellant has met the minimal requirements for raising the issue. To raise the issue, the burden is on the appellant to present evidence to support his claim of illegal pretrial punishment. Once an appellant successfully does that, the burden then shifts to the Government to present evidence to rebut the allegation. United States v. Scalarone, 52 M.J. 539, 543-44 (N.M.Ct.Crim.App. 1999).
Although we accept the appellant's declaration as true, the declaration itself does not necessarily establish that the appellant was subjected to illegal pretrial confinement. First, we note the declaration's lack of specificity. Second, in assessing whether these now complained of conditions constituted illegal pretrial confinement, the fact that the appellant failed to complain of those conditions at the time he was experiencing them is "strong evidence" that he has not been subjected to pretrial punishment. United States v. Huffman, 40 M.J. 225, 227 (C.M.A. 1994); United States v. Palmiter, 20 M.J. 90, 97 (C.M.A. 1985).
We affirm the findings and sentence, as approved by the convening authority.
