James D. Guthrie Staff Sergeant U.S. Marine Corp Convicted Sex Offender Rape

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Name: James D. Guthrie

Case: U.S. v. Guthrie No. 99-0306

Date Of Appeal: January 12, 2000

Plea: Not Guilty

Charges: Rape

Military Branch: U.S. Marines

Listed In National Sex Offenders Registry? NO

Contrary to his pleas, appellant was convicted of 3 specifications each of rape, burglary, and adultery, and 1 of disorderly conduct, in violation of Articles 120, 129, and 134, Uniform Code of Military Justice, 10 USC §§ 920, 929, and 934, respectively.

The members adjudged, and the convening authority approved, a sentence of a dishonorable discharge, confinement for life, total forfeitures, and reduction to the lowest enlisted grade. The Court of Criminal Appeals affirmed in an unpublished opinion.

Appellant's convictions stem from the rape of a woman at Aberdeen Proving Ground, Maryland, and then of two women at Fort Dix, New Jersey, between October 1991 and March 1993. After the last rape, Fort Dix officials initiated a surveillance operation. Appellant was caught peering into the bedroom window of a female petty officer. The identity of the rapist was the disputed issue at trial; and accordingly, central to both the Government and defense theories of the case.

The Government's proof included testimonial and scientific evidence that showed striking similarities in the modus operandi employed by the victims' attacker. As found by the Court of Criminal Appeals:

Each of the rape victims had described being grabbed from behind by a person of average height and build, who was inside their residence in the early morning. Each victim's face was covered. Each had tube socks placed on the hands and tape placed over the mouth. Each victim was raped then threatened with reprisals if the rape were reported. Each victim described the rapist's voice as whispery and kind of preppy. The rapist was described as speaking clearly, but without any profanity. Two of the victims said their assailant was wearing a condom; the other didn't know. One victim said the rapist was wearing gloves. Two of the victims said they could hear squeaking of rubber-soled shoes as the rapist left.

In short, the Government alleged that one man was responsible for the rapes and that person was appellant. The defense did not actively contest the single-rapist theory. While conceding that the evidence showed a single perpetrator, the defense was that the rapist was someone other than appellant.

Appellant's contention that he was convicted of the Aberdeen rape solely because he and Mrs. W were neighbors; he had successfully undergone a vasectomy, and he may have committed other rapes (Final Brief at 18) is not convincing. Separate and apart from the evidence of the Fort Dix rapes, the Government showed appellant arose at 4:15 a.m. on October 4, 1991, the morning Mrs. W was raped, but did not leave for work until 6:20 a.m. Appellant lived across the street from Mrs. W. Mrs. W's husband left their quarters around 5:15 a.m. for physical training. When Mrs. W returned to her bedroom around 5:30 a.m. after showering, she was attacked. There were no "signs of forced entry" at the W's quarters. Both appellant and Mrs W's quarters had identical sliding glass doors at the rear of their respective residences. This door, when locked, could be opened from the outside in "less than about a second." Mrs. W never heard a car drive away after her attacker fled. Finally, scientific analysis of the fluids found in the victim's clothing, bed sheets, and associated articles pointed to an "AB secretor," such as appellant.

Having reviewed the evidence in its entirety, we hold that the failure to give a spillover instruction did not constitute plain error. United States v. Powell, 49 MJ 460, 463 (1998). After examining the evidence upon which appellant was convicted of the Aberdeen offenses, we also hold that it is legally sufficient. Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Turner, 25 MJ 324 (CMA 1987).

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