Mark K. Hollis Journalist First Class U.S. Navy Convicted Sex Offender Forcible Sodomy, Rape & Indecent Acts With Minor

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Name: Mark K. Hollis

U.S. V. Ho\llis No. 01-0337

Date Of Appeal: December 12, 2001

Plea: Not Guilty

Charges: Forcible sodomy, rape & indecent acts with a child

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? No

A military judge sitting as a general court-martial convicted appellant, contrary to his pleas, of rape, forcible sodomy, and indecent acts, in violation of Articles 120, 125, and 134, Uniform Code of Military Justice, 10 USC §§ 920, 925, and 934, respectively. The victim of the offenses was appellant’s five-year-old daughter, J.H. The adjudged and approved sentence provides for a dishonorable discharge, confinement for 22 years, total forfeitures, and reduction to the lowest enlisted grade. The Court of Criminal Appeals affirmed the findings and sentence. 54 MJ 809 (2002).

In December 1995, appellant reported for duty at the U.S. Naval Support Activity in Naples, Italy. His estranged wife and two daughters remained in Arizona until April 1996, when the two daughters were escorted to Italy by Ms. Kathy Robie, who stayed in Italy as their live-in nanny.

On August 11, 1997, Ms. Robie had a conversation with J.H. that caused her to believe appellant had sexually abused her. Ms. Robie contacted the Family Services Center and told Ms. Lyn Flahardy about her conversation with J.H. Ms. Flahardy contacted LT Novek, a staff pediatrician who had previously treated J.H. as a patient. Ms. Flahardy told LT Novek that J.H. "had disclosed alleged sexual abuse" and asked him to see her. When Ms. Flahardy said that the most recent sexual abuse was "last night," LT Novek responded that it was a "medical emergency" and arranged to see J.H. later in the day "for a medical evaluation for alleged child sexual abuse." Ms. Flahardy and two agents from the Naval Criminal Investigative Service (NCIS) escorted Ms. Robie, J.H., and R.H. to the U.S. Naval Hospital, Naples, where J.H. was examined by LT Novek.

Ms. Flahardy, NCIS Special Agent (SA) Kevin Hutson, and Hospitalman Third Class Laura Rodriguez-Calderon were present during LT Novek’s meeting with J.H. SA Hutson testified that LT Novek told him "he would be conducting a physical examination of the girl, . . . and desired to interview her."

LT Novek began by talking to J.H. about the importance of telling the truth, in order "[t]o help her to understand that it was important that she explain things clearly and tell us the truth about what had gone on." LT Novek testified that J.H. knew who he was because he had previously treated her. Notwithstanding their previous contact, LT Novek told J.H. that he was a doctor and that he "was going to try to help her to figure out what had happened and to help her if she needed help." LT Novek testified that he knew J.H. understood he was trying to make her better, because "she was nodding and she recognized [him] from prior visits."

LT Novek then took a medical history, which he defined as "a series of questions that the physician asks of the patient to try to understand what is wrong with the patient and how to help the patient and how to treat the patient." During the medical history, J.H. told LT Novek that appellant had been touching her "private parts" and that it "hurt a lot." She also told LT Novek that appellant "used his hand to put medicine on in front and that he used his private part to touch her from behind and she pointed to her anus."

Toward the end of LT Novek’s medical history interview, after J.H. had disclosed appellant’s abuse, he invited the other persons present to ask questions. SA Hutson asked J.H. if appellant "said this was a secret." She responded, "He said not to tell anybody, because he would go to jail." SA Hutson also had J.H. identify the partially used tube of Westcort cream prescribed to R.H. but used on J.H. by appellant. LT Novek testified that he asked all other questions.

After completing the medical history, LT Novek performed a complete physical examination of J.H. that included a detailed genital and anal examination. He identified vaginal injuries that were consistent with digital or penile penetration.

R.H. was four years and ten months old at the time of the examination. CAPT Craig explained to R.H. that she was a pediatrician, "and that’s a doctor who takes care of tummy aches and rashes or whatever." R.H. interrupted her and blurted out, "I’ve had medicine for a rash before." CAPT Craig explained the importance of telling the truth, and R.H. told CAPT Craig that she understood. CAPT Craig testified that, in her opinion, R.H. knew she was a doctor and understood the need to tell her the truth.

During the medical history, R.H. told CAPT Craig that while sleeping in the same bed with appellant and J.H., she saw and heard appellant doing "yucky" and "bad" things to J.H. She saw appellant do [specified sexual acts]. R.H. said that she heard J.H. cry and ask appellant why he "does this" to her and not to R.H.