Name: Stephen A Robbins
Case: United States v. Robbins No. 99-0421/NA
Date Of Appeal: December 10, 1999
Plea: Not Guilty
Charges: Sodomy Of A Child
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? NO
A general court-martial composed of a military judge sitting alone convicted appellant, contrary to his pleas, of 2 specifications of sodomy with a child under the age of 16 years and 1 specification of dishonorably failing to pay a just debt, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934, respectively.
He was sentenced to a dishonorable discharge, confinement for 7 years, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved these results, and the Court of Criminal Appeals affirmed in an unpublished opinion.
In this judge-alone trial, the victim of the charged sodomies, appellant's 7-year-old stepdaughter, testified and provided detailed information concerning both incidents. In support of the victim's credibility, the prosecution sought to offer into evidence statements made by the victim and her mother to Ms. Winona Gilliam, a clinical social worker who had counseled them both.
The second granted issue concerns the testimony of Ms. Yolanda Crossley, a friend of the family. The victim first disclosed the abuse allegations to Ms. Crossley, who waited 1 week before she disclosed the allegations to the victim's mother. That disclosure led to the charges in this case.
The military judge made it clear that he would not consider Ms. Crossley's testimony for the truth of what the victim may have told her and he emphasized that he was giving "very little weight" to Ms. Gilliam's testimony. In that context, and in the setting of a judge-alone trial where the military judge was able to assess the credibility of the victim, we agree with the court below that any error in admission of the statements at issue was not prejudicial.
The decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.
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Stephen A. Robbins
Hull Maintenance Technician Third Class U.S. Navy
Convicted Sex Offender
Sodomy Of A Child
