Conduct Preface

CONDUCT UNBECOMING an Officer and a Lady

                                                             

“A Case That Will Live In Infamy-

The Conviction of Cadet Webster Smith”

Copyright © 2011 by London Steverson

Conduct Unbecoming an Officer and a Lady

First Edition, Paperback – published 2011

ISBN 13: 978-1460978023

ISBN 10: 1460978021

All Rights Reserved. Printed in the United States of America. 10 9 8 7 6 5 4 3 2 1

No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without the written permission of the author, except where permitted by law.

DEDICATION

This book is dedicated to Merle James Smith, the best friend I had as a cadet at the United States Coast Guard Academy (CGA). Without his friendship I may have never graduated from the CGA or entered the National Law Center, George Washington University. He gave me the incentive to endure. And the rest is history.

.

Table of Contents

 

PREFACE

INTRODUCTION

CHAPTER  1

The Gathering Storm

CHAPTER  2

The Honor Concept

CHAPTER 3

Before The Court-martial

The Article 32 Investigation

CHAPTER  4

Webster Smith Filed Article 138 Complaint

CHAPTER  5

The Runaway Jury

CHAPTER  6

Go Straight To Jail

CHAPTER   7

The Man Who Perverted Justice At The USCGA

CHAPTER  8

Who Played The Race Card In The Webster Smith Case?

CHAPTER 9

This Too Will Pass

CHAPTER 10

No Review, No Comment

CHAPTER 11

THE AFTERMATH

NOTES.

APPENDIXES

Appendix 1

A Letter To The Convening Authority

Appendix 2

A Letter To The Southern Poverty Law Center

Appendix 3

A Letter To The NAACP

Appendix 4

The Appeals Begin

Appendix 5

Webster Smith Appeals The Conviction

Appendix 6

Letter From Admiral James Van Sice to USCGA Alumni

Appendix 7

This Is The Ultimate Issue On Appeal As Decided By The Trial Judge, Captain Brian Judge

Appendix 8

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

Appendix 9

Decision of United States Coast Guard Court of Criminal Appeals, With Appendixes

Appendix 10

Decision of Court of Appeals for the Armed Forces (CAAF)

Appendix  11

Appeal to the U. S. Supreme Court For A Writ Of Certiarori (with Appendixes)

Appendix  12

Amicus Brief in Support of Supreme Court Appeal from U S Army Defense Appellate Division

Appendix  13

Decision of Supreme Court Without Comment Denying Certiorari

PREFACE

GENERAL COURT-MARTIAL

UNITED STATES COAST GUARD

UNITED STATES

v.

WEBSTER M. SMITH, CADET, U.S. COAST GUARD

FILED UNDER SEAL[*]

MEMORANDUM ORDER AND OPINION FINDINGS OF FACT

During the summer training program at the start of their first class year, Cadet Smith and Cadet [SR] were both assigned to patrol boats that moored at Station Little Creek. Both lived in barracks rooms at the Station…she went on to state that on October 19^th….she agreed to pose for a picture with him in which both of them were nude, and later that night allowed him to perform cunnilingus on her then she performed fellatio on him.

___________________________________

…. the Government’s objection that this evidence is inadmissible in accordance with M.R.E. 413 [sic] is SUSTAINED.

EFFECTIVE DATE

This order was effective on 26 May 2006.

Done at Washington, DC,

/s/

Brian Judge

Captain, U.S. Coast Guard

Military Judge

Article 133. CONDUCT UNBECOMING AN OFFICE AND A LADY:

Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a lady or gentleman shall be punished as a court-martial may direct. (10 USC Sec. 933)

Sixth Amendment - Rights of Accused in Criminal Prosecutions

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

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