Name: Troy D. Hughes
Case: United States v. Hughes No. 98-1129
Date Of Appeal: October 20, 1999
Plea: Not Guilty
Charges: Indecent Acts With A Child
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? NO
A general court-martial composed of officer members convicted appellant, contrary to his pleas, of 2 specifications of indecent acts with a child, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. He was sentenced to a dishonorable discharge, confinement for 8 years, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved these results.
Appellant was found guilty of committing an indecent act on M.J.I., a 4-year-old girl "by fondling her and placing his hands upon her private parts, with intent to gratify [his] sexual desires." He was also found guilty of committing an indecent act on A.L.I., her 6-year-old sister, "by fondling her and placing his hands upon her private parts," with same sexual intent. M.J.I. did not personally testify at appellant's court-martial because the military judge found her unavailable within the meaning of Mil. R. Evid. 804(a)(6). Numerous out-of-court statements made by M.J.I. to her mother, her grandmother, her doctor, and a police detective were admitted to show appellant's guilt. Also, evidence of uncharged acts of sexual molestation by appellant against other children was admitted in this case.
The Court of Criminal Appeals held that the military judge had erroneously admitted certain hearsay statements. After concluding that the errors affected the sentence but not the findings, the court reassessed the sentence. It reduced the period of confinement to 5 years but otherwise affirmed the sentence approved by the convening authority. 48 MJ 700, 724 (1998).
The record states:
Q: What did the accused say about being in the children's, the girl's bedroom at the [I.] residence?
A: He said he was there.
Q: What did the accused say regarding [M.J.I.] and blowing raspberries?
A: He confirmed what had previously been alleged by the child that he had blown what was called a raspberry on the child's buttocks area.
Q: What about [M.J.]'s clothing when he blew the raspberries?
A: He had pulled the clothing to the side to accomplish this.
Q: And where did he say he blew the raspberries on [M.J.]?
A: I don't remember the exact verbiage off the top of my head. It was just her buttocks area.
Q: What did the accused say the girls were wearing that night?
A: Shorts and tee shirts and panties.
Q: What did the accused say about touching [M.J.] and [A.I.]?
A: He stated that he had touched them.
Q: What description did he give you for how he touched them?
A: He stated to me that he touched the children on their bare vaginas and bare anuses under their clothing.
Q: And that was both children?
A: Yes, sir.
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An Unofficial Site
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Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Troy D. Hughes
Senior Airman U.S. Air Force
Convicted Sex Offender
Indecent Acts With A Child
