Name: Kenneth E. Poorman
U.S. V. Poorman NMCCA 200201136
Decided 23 July 2004
Sentence adjudged 26 July 2001.
Plea: Guilty
Branch: U.S. Navy
Charges: Indecent acts with a 13-year-old boy
Listed In National Sex Offenders Registry? No
The appellant was initially tried on 10 April 2001, by a military judge sitting as a general court-martial. Pursuant to his pleas, the appellant was convicted of two specifications of committing indecent acts with a child under the age of 16 years and one specification of taking indecent liberties with a child under the age of 16 years, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.
The military judge sentenced the appellant to 15 years confinement, forfeiture of all pay and allowances, and a dismissal from the Naval Service.
Before the convening authority could take action on the findings and sentence, the Government inadvertently destroyed the audiotapes of the proceedings. See Convening Authority's Letter 5811 Ser N02L3/452 of 9 May 2001. However, a summary record of the court-martial proceedings was prepared and authenticated by both the military judge and the trial counsel. See Appellate Exhibit I. Satisfied that the summary of evidence supported the initial findings of guilty, the convening authority ordered a rehearing. Convening Authority's Letter 5811 Ser N02L3/452 of 9 May 01; s
The convening authority's directive properly noted that the maximum sentence faced by the appellant at the rehearing was limited to that awarded by the military judge during the initial hearing.
On 25-26 July 2001, before a different military judge sitting as a general court-martial, the appellant was once again convicted, in accordance with his pleas, of identical violations of Article 134, UCMJ. The military judge sentenced the appellant to 12 years confinement, forfeiture of all pay and allowances, and a dismissal from the Naval Service. On 7 March 2002, the convening authority approved the sentence as adjudged and, with the exception of the dismissal, ordered the sentence executed. In accordance with the terms of the pretrial agreement, the convening authority suspended all confinement in excess of eight years for a period of eight years from the date the sentence was adjudged.
The appellant is a commissioned officer and graduate of the United States Naval Academy. While stationed at the Naval Nuclear Power Training Command in Goose Creek, South Carolina, the appellant became a foster parent. At times, state officials entrusted the appellant with caring for three foster children in his on-base quarters.
Through one of his foster children, the appellant met and befriended the victim, a 13-year-old boy whose family had stumbled financially. After caring for the victim on a part-time basis for a period of months, the child's mother agreed to grant the appellant temporary guardianship over the boy. Over the next year, the appellant committed a long series of escalating sexual crimes against his youthful ward. The appellant's misconduct included touching the child's clothed private area, masturbating the child, lying in the young boy's bed and rubbing his own erect penis against the child's clothed buttocks, and masturbating himself in the immediate proximity of the boy. All of these offenses occurred at night in the victim's bedroom.
A November 3, 1991 article in Utah states:
As of this month, 19 Utahns attend Annapolis. One of those students, First Classman Kenneth Poorman, 24, of Salt Lake City, may be typical of recent students here. Poorman spent three years studying mechanical engineering at the University of Utah before deciding in 1987 to make the Navy his career.
"And I have never regretted the decision," Poorman said.
The son of Kenneth L. Poorman, of Salt Lake City and Nancy Bowers of Arlington, Va., Midshipman Poorman is conducting research on vibration and expects to earn a masters degree at an Eastern university when he leaves Annapolis.