Richard M. Latorre
Private First Class U.S. Marine Corps
Convicted Sex Offender
Indecent Acts Upon A 6-Year-Old Child
Name: Richard M. Latorre
Case: United States v. Latorre No. 99-0499
Date Of Appeal: February 2, 2000
Plea: Guilty
Charges: Indecent Acts Upon A Child, Sodomy
Military Branch: U.S. Marine Corp
Listed In National Sex Offenders Registry? NO
Senior Judge COX delivered the opinion of the Court.
On January 15 and 16, 1998, a military judge sitting alone as a general court-martial convicted appellant, consistent with his pleas, of 2 specifications of committing indecent acts upon the body of a female under 16 years of age, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934.
He was also convicted of 1 specification of committing sodomy with a child under 12 years of age, in violation of Article 125, UCMJ, 10 USC § 925.
Because he had no plea agreement, the maximum potential sentence to confinement was life. See para. 51e(3), Manual for Courts-Martial, United States (1998 ed.). However, the military judge sentenced him to 12 years' confinement, along with a dishonorable discharge and reduction to the grade of E-1.
The convening authority approved the sentence, but pursuant to Article 58b(b), UCMJ, 10 USC § 858b(b), he waived for 6 months, a portion of appellant's automatic forfeitures for the benefit of appellant’s dependents. The Court of Criminal Appeals affirmed the findings of guilty and the sentence in an unpublished opinion.
Appellant lived next door to a young girl, AS, who came to appellant’s house to play when his two young sons visited him. In September of 1997, when AS was 7, appellant’s son, BL, saw his father engaged in sexual acts with AS. BL immediately told his brother, JL, and later his mother about what he had witnessed.
During questioning by OSI agents, appellant admitted that he had been committing sexual indecencies against AS on numerous occasions for a year, and that he had first become sexually attracted to AS when she was 6.
Regarding the strength of the government case, appellant was caught by his son in the act of sodomizing a 7-year old girl. Upon interrogation, he admitted that he had sexually abused her periodically for over a year.
In addition to the testimony of Dr. Roby, there was testimony from AS's family and teacher about the trauma she had experienced and the effect it had on her and her family. Most compelling, however, was the actual testimony of AS and appellant's two sons and the obvious misery, anger, and confusion that this caused all three of them.
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