Name: Robert L. Wilson
Case: United States v. Wilson No. 99-0202 Crim. App. No. 98-0333
Date Of Appeal: November 10, 1999
Plea: Guilty
Charges: Aggravated Assault
Military Branch: U.S Navy
Listed In National Sex Offenders Registry? NO
A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of aggravated assault (2 specifications), assault consummated by a battery, and kidnapping, in violation of Articles 128 and 134, Uniform Code of Military Justice, 10 USC §§ 928 and 934, respectively. The military judge sentenced appellant to a dishonorable discharge, confinement for 7 years, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved the adjudged sentence but suspended all confinement in excess of 30 months for a period of 30 months in accordance with a pretrial agreement. The Court of Criminal Appeals affirmed in an unpublished opinion.
The facts underlying appellant’s guilty pleas were set out in a stipulation of fact. The stipulation recites that appellant grabbed Religious Programs Specialist Seaman (RPSN) B around the neck, brandished a 12-inch barbecue fork in her face, and threatened to stab her. He forced her into an unoccupied room in the barracks where he pushed her onto a bed, unbuckled and pulled down her pants, and placed his hand on her vaginal area. He held RPSN B in the room against her will for about an hour, during which she attempted to escape four times but was forced by appellant to remain in the room.
After the record was completed and authenticated, the staff judge advocate’s (SJA’s) recommendation was signed and submitted by Lieutenant (LT) Brendan C. Curran, a commissioned officer of the Judge Advocate General’s Corps, who identified himself as the "Assistant Staff Judge Advocate, Naval Training Center, Great Lakes." The document does not reflect whether the SJA reviewed and approved it, nor does it reflect whether LT Curran was the acting SJA when he prepared and submitted his recommendation.
LT Curran neglected to mention appellant’s request for deferment of his reduction in grade and forfeitures and his request for clemency. The convening authority’s action, however, specifically recites that he considered "the record of trial, the results of trial, the request for deferment of reduction in rank and forfeitures from the defense counsel submitted 23 December 1997, the clemency request received on 3 February 1998 and the recommendation of the Staff Judge Advocate."
The SJA’s recommendation was served on appellant and his defense counsel. Defense counsel responded that he had no comments concerning the recommendation. Appellant did not challenge LT Curran’s authority to prepare and submit the posttrial recommendation until his case was before the Court of Criminal Appeals. That court held that it was error for LT Curran to submit the posttrial recommendation in his capacity as an assistant SJA, but it declined to grant relief, holding that any error was waived unless it rose to the level of plain error. The court did not attempt to determine if LT Curran was in fact the acting SJA. The court held that there was no plain error. Unpub. op. at 2.
An Unofficial Site
Of
United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Robert L. Wilson
Mess Management Specialist Seaman U.S. Navy
Convicted Sex Offender
Aggravated Assault
