Matthew W. Mazza Boatswain’s Mate Second Class U.S. Navy Indecent Acts With A Child

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Name: Matthew W. Mazza

Case: United States v. Mazza No. 09-0032 No. NMCCA 200400095

Date Of Appeal: April 28, 2009

Plea: Not Guilty

Charges: Indecent Acts With A Child

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? NO

Appellant was a boatswain’s mate second class (E-5) at the time of his offenses. He was originally convicted at a general court-martial of repeated indecent acts with his minor daughter, AM, and of communicating indecent language to her. Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2000). Court members sentenced him to a dishonorable discharge, confinement for 108 months, and reduction to E-1.

AM was eighteen when she testified at Appellant’s second court-martial. She testified that Appellant’s sexual abuse of her began when she was as young as six. Furthermore, Appellant’s wife testified that Appellant had confessed to her that he had molested their daughter.

It has been said that hard cases make bad law. It may be said with equal truth that hard cases may make otherwise questionable trial tactics reasonable. The CDC in this case had a difficult assignment: to defend an accused whose daughter testified to repeated instances of abuse performed upon her, and whose wife testified to his admission to such abuse. Attacking the credibility of this testimony and suggesting its fabrication was one of the few options the CDC had. While a different defense counsel might have chosen different tactical steps, the tactics used were part of a trial strategy that Appellant failed to show was unreasonable under the circumstances and prevailing professional norms. Because Appellant has not satisfied the first Strickland prong, we need not address the second prong.

Decision

The decision of the United States Navy-Marine Corps Courtof Criminal Appeals is affirmed.