Navy Judge Criticizes Rape Case Witnesses

[Rose Siding]

A Navy judge chastised prosecutors Thursday at the court-martial of a former Naval Academy football quarterback charged with rape, saying their witnesses have been weak.

After he refused to let a nurse testify about the medical effect of rape and strictly limited what a psychiatrist could say about the mental state of rape victims, Navy Cmdr. John Maksym criticized prosecutors for what he called "the anemic nature" of their witnesses.

It was unclear whether the judge was referring to all the prosecution witnesses, which include the woman who said Lamar Owens Jr. raped her in her dorm room early on Jan. 29.

But Maksym was especially critical of expert witnesses prosecutors called to rebut questions raised by Owens' attorneys about why the woman didn't cry out that night and didn't immediately notify authorities.
They included an Army psychiatrist who testified briefly that some victims delay their reporting and many don't ever tell authorities about sexual assaults. The judge noted the psychiatrist was just two weeks into a psychiatry fellowship at Walter Reed Army Medical Center.

"Is there no more?" Maksym asked prosecutors. "Come on. The chap just got out of his residency. We're not talking about the son of Freud here."

http://www.washingtonpost.com/wp-dyn/content/article/2006/07/13/AR2006071301626.html

[MadMaddie]

1. This is typical of the military and the issue of rape....

[Nikki Stone 1]

9. Not just the military thinks this way. They just have the power to control

the evidence presented.

[Straight Shooter]

2. That "judge" is way out of line. n/t

[Kagemusha]

3. A psychiatrist just out of residency? That one's fair.

Not speaking to the rest, but it's not like the judge was out of bounds on that one. As he said, we're not talking the son of Freud here.

Not that I see anything wrong with the content of the testimony, mind you...

[benddem]

7. not so

he had 4 years of psychiatry and was accepted for a fellowship...that's further study into psych.
His four year residency certainly qualified him. The judge is NUTS

[Kagemusha]

8. I see..

Four year residency... that kind of diminishes the argument that being two weeks removed from it is a big deal..

[IndianaGreen]

4. I'll bet the judge attended a few Tail Hook Conventions

One more reason why military courts are not the proper venue for this sort of crime.

[MADem]

6. Doubt it, by the time this guy was coming up, TAILHOOK was done for

This guy isn't senior enough to have been around then. Remember, he's a JAG--they go from 0-1 to 0-3 in a year.

I think he's probably a football fan, myself:

Owens led Navy's football team to an 8-4 record last fall that included victories over military academy rivals Air Force and Army and a victory in the Poinsettia Bowl over Colorado State.

He was the team's most valuable player but did not graduate along with his class in the spring because of the criminal investigation.

Oh, and quite likely he's an asshole, too...!

[951-Riverside]

5. Whats the Judge name?

[Vidar]

10. The military really knows how to put the "kangaroo" in court.

[saigon68]

11. MILITARY JUSTICE IS TO JUSTICE

AS MILITARY MUSIC IS TO MUSIC

[Jackpine Radical]

12. I remember that one. A book title, no?

[saigon68]

14. Picked it up some where ?

[Kagemusha]

13. The quote's supposed to be "martial law" isn't it?

Just saying. If this is a prime example of military justice then your comment may similarly ring true.