Wayne M. Parker - Sergeant U.S. Army - Convicted Sex Offender

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Name: Wayne M. Parker

Case: United States v. Wayne M. Parker No. 02-0937

Date Of Conviction: 1995

Date Argued: October 8, 2003

Date: Decided December 22, 2003

Plea: Not Guilty

Charges: Rape, Forcible Sodomy, Assault, Adultry

Military Branch: U.S. Army

Listed In National Sex Offenders Registry? NO

Appellant was charged with three separate sets of offenses pertinent to the granted issues: (1) rape, forcible sodomy, and assault of Ms. KD, as well as adultery with Ms. KD, at various times between October 1, 1994, and June 30, 1995; (2) rape, forcible sodomy, and assault of Ms. USG, as well as adultery with Ms. USG, at various times between June 1, 1994, and June 1, 1995; and (3) rape of Ms. AL between February 1 and March 31, 1995, as well as adultery with Ms. AL during February or March 1995.

With respect to the charges involving Ms. AL, the panel found by exceptions and substitutions that he was guilty of committing the rape and adultery offenses between August 1993 and March 1995. In this appeal, Appellant contends that the military judge committed various errors with respect to the findings involving Ms. AL, including failure to grant a defense motion to dismiss at the conclusion of the prosecution’s case, and allowing the panel to change the nature of the offense during deliberations on findings.

At the time of the charged offenses, Ms. AL and Appellant were stationed in Germany and assigned to the same unit. The pertinent charges against Appellant were generated as a result of a sworn statement Ms. AL provided to Army investigators on June 19, 1995, in which she wrote: "About 0300 sometime in February or March I was raped in my room by PARKER." She did not expressly identify the year in which the alleged rape occurred. The charges against Appellant alleged that he raped Ms. AL "between 1 February 1995 and 31 March 1995," and that he engaged in adultery with Ms. AL "on or about February or March 1995."

Between the time that charges were filed and trial on the merits in Germany, Ms. AL left active duty and returned to the United States. The prosecution, anticipating that Ms. AL might not be willing to return to Germany for the court-martial, received permission from the military judge on April 18, 1996 -- 11 days before trial -- to depose her on videotape in the United States. The deposition was taken on April 22, 1996.

Ms. AL's testimony during the deposition about the timing of the alleged rape was inconsistent with the 1995 dates on the charge sheet. During the deposition, she reiterated the allegation in her sworn statement that Appellant had raped her while she was "passed out" at a party in her barracks room at some point during February or March. When asked whether this was a reference to 1993, she responded, "I believe so." She also indicated that, prior to this incident, she and Appellant had dated "about a month, maybe two," and that, she and Appellant had engaged in consensual sexual intercourse "about six or seven times" during their dating relationship. She also indicated that their consensual sexual activity had ended at some point prior to the rape, and that they did not have sexual relations at any time after the alleged rape.

Conclusion:

The decision of the United States Army Court of Criminal Appeals is reversed as to specification 4 of Charge II and specification 2 of Charge V, and as to the sentence. The findings of those specifications are set aside, and those specifications are dismissed.