Sunday, April 22, 2012

A Righteous Calling To The Legal Profession.

It was a miracle that I became a lawyer. The odds were against me. I was born and raised in Millington, Tennessee, a small segregated town about 50 miles north of Memphis. At the age of 5 I was enrolled in the E. A. Harrold Elementary School. After completing the 8th grade I was transferred to Woodstock High School in Memphis, Tennessee. It was an all Black school. In 1964 I graduated valedictorian in a class of 98 students. I was one of the first 2 Kennedy Cadets to attend the United States Coast Guard Academy, New London, Connecticut. A Presidential Executive Order issued by President Truman had desegregated the armed forces in 1948, but the service academies were lagging in officer recruiting. President John F. Kennedy specifically challenged the United States Coast Guard Academy to tender appointments to Black high school students after noticing that the contingent marching in his Inaugaral Parade was all white. I was one of the Black student to be offered such an appointment. On June 4, 1968 I graduated from the Coast Guard Academy with a Bachelor's of Science (BS) Degree in Engineering and a commission as an ensign in the U.S. Coast Guard. I had no idea what I wanted to do with my life other than travel around the world as a Coast Guard officer. My first duty assignment out of the Academy was in Antarctic research logistical support. In July 1968 I reported aboard the U S Coast Guard Cutter Glacier (WAGB-4), an icebreaker operating under the control of the U.S. Navy. I served as a deck watch officer and head of the Marine Science Department. I traveled to Antarctica during two Operation Deep-Freeze Patrols from 1968 to 1969. Our mission was to support the research operations of the National Science Foundation's Antarctic Research Project in and around McMurdo Station. My second military assignment was from 1970 to 1972 in Juneau, Alaska as a Search and Rescue Officer in the Operations Center of the 17th Coast Guard District Commander. Before being certified as an Operations Duty Officer, it was necessary to become thoroughly familiar with the geography and topography of the Alaskan remote sites. Along with my office mate, LTJG Herbert Claiborne "Bertie" Pell, the son of Rhode Island Senator Claiborne Pell, I was sent on a familiarization tour of Coast Guard, Navy and Air Force bases. The bases visited were Base Kodiak, Base Adak Island, and Attu Island, in the Aleutian Islands. The two years in Alaska were mainly spent playing basketball, hunting, and fishing when not on duty in the Operations Center. I lived alone in Alaska and spent a lot of time reading the Bible. There were only two black and white television stations available, so I did not watch much television. One program that I watched religiously was "It Is Written", a show narrated by George Vanderman. I sent in a request for a Bible Course and a free Bible. The Bible was delivered by the pastor of the local Seventh Day Adventist Church, who came to visit me every week thereafter for a Bible study session. It was during this period that I began to feel a closer more person relationship to God. One night I had a vision. When I awakened I was positive I had heard the voice of God. It had spoken to me in a clear, cogent, and convincing tone. It said "Be a lawyer". I had never even considered becoming a lawyer before that. I thought that my chances of becoming a lawyer were pretty slim. I was only an average student in college and I had not been an avid reader since college. I did not think I would do very well on a Law School Admission's Test. If I were to become a lawyer, it would be a miracle. I was about to find out that God works miracles, but not magic. The very next day when I reported for work, I sent a message to Coast Guard Headquarters, Washington, DC requesting re-assignment to Headquarters so that I could attend law school at night at the National Law Center, George Washington University. The request was granted immediately. In July 1972 I was reassigned from Alaska to Washington, D.C. to become the Chief of the newly formed Minority Recruiting Section in Coast Guard Headquarters. I applied to three law schools. They were American University, Catholic University and George Washington University. Only one school responded to my application. That was George Washington University. In 1974, while working at Coast Guard Headquarters, I was accepted into the night school program at The National Law Center, The George Washington University. It was a long hard four years of grueling studies, but I graduated in 1977 with a Juris Doctorate of Laws Degree. That was truly a miracle. The Coast Guard did not have a separate Judge Advocate General's Corps (JAG). Coast Guard lawyers are called "legal specialists". These law specialists are line officers and can rotate out of the regular legal assignments. Frequently these tours of duty out of specialty are in law related areas. I served one such four year tour of duty as the Chief Marine Investigating Officer for the Marine Inspection Office in Battery Park, New York from 1982 to 1986. This job was similar to that of a city prosecutor. With a staff of ten investigating officers, I would investigate marine disasters for negligence and other causes of action. Any marine personnel found to have violated a marine safety law would be charged and tried before a Coast Guard administrative law judge at the World Trade Center. In the case of a major marine disaster with multiple loss of life, a formal Board of Inquiry would be convened under the direction of the National Transportation Safety Board (NTSB). These Inquiries often would result in promulgation of new marine safety regulations under Title 46 Code of Federal Regulations (CFR). One such incident was the Case of The Joan LaRie III, a charter fishing vessel that sank of the coast of New Jersey on October 24, 1982. One of my legal assignments was as a Law Specialist in the 12th Coast Guard District Office, San Francisco, California and as an Assistant U. S. Attorney for the collection of Civil Penalties under the Federal Boating Safety Act from 1979 to 1982. An Assistant District Legal Officer, I was required to defend as well as prosecute military members who had been charged with violations of the Uniform Code of Military Justice (UCMJ). Occasionally I was asked to represent other officers in administrative actions involving sexual harassment and discrimination. One such case was the Case of ENS Christine D. Balboni, who filed a complaint against three senior male officers and against the Department of Transportation and the United States Coast Guard (DOT Case No. 82-177). Ensign Balboni was one of the first female graduates of the Coast Guard Academy. She graduated in the Class of 1981 and was assigned to the Coast Guard Cutter RUSH, a high endurance law enforcement vessel stationed in Alameda, California. She filed a formal complaint of sexual harassment against three senior officers on board the RUSH. She alleged that false special fitness reports had been written concerning her and that the captain of the ship had requested her immediate transfer off the ship long before her normal rotation date. After no other lawyer would take her case, Commander Ronald Mathews, Chief of The 12th District Legal Office, assigned me to represent Ensign Balboni in a formal departmental administrative hearing before a federal administrative law judge. The charges made by Ensign Balboni were determined to be valid. The relief granted was to have the false special fitness reports removed from her service record and destroyed. She was promoted to the next higher rank. Her career was saved. No disciplinary action was taken against the offending officers. ENS Balboni retired from the Coast Guard 25 years later with the rank of Captain. In 1986 I was detailed to the National Narcotics Border Interdiction System (NNBIS) under the Office of Vice President at the time, George H. W. Bush. My office was in the World Trade Center, New York, NY. When I retired in June 1988 I became the first African-American Coast Guard Academy graduate to retire as a regular line office from the service, and held the rank of Lieutenant-Commander. I retired to Dumont, New Jersey and practiced law in New York, with a focus on family law and defending Coast Guardsmen accused of federal crimes. I am a retired member of the New York State, New York City, and Tennessee Bar Associations. In July 1990 I was appointed a federal administrative law judge by President George W. Bush. I was assigned to the Ninth Region of the Social Security Office of Hearings and Appeals (OHA) in Downey,California. In April 2009, I decided that I had done all that I could do in the legal profession. There were no other mountains to climb. God's miracle had lasted for over 35 years. It was time to move on. I retired from being United States Administrative Law Judge. For the last three years I have devoted myself to philanthropic endeavors. The Steverson Collection at www.ekmk.hu and the Steverson Collection Book Club are two of the major endeavors of The Steverson Foundation to improve literacy and to spread American culture in the non-English speaking countries of Europe. The Cultural Diplomacy Award was given to me and my family in April 2009 by the United States Ambassador to Hungary for helping create "a foundation of trust" with the people, which can be built on to reach political, economic, and military agreements; and that combats the notion that Americans are shallow, violent, and godless. He helped to affirm that Americans have such values as family, faith, and the desire for education in common with others; he helped to create a relationship with the people, which will endure beyond changes in government; he helped to reach influential members of the society, who could not be reached through traditional diplomatic functions; and, he donated a large collection of new, used, and rare English books to the American Corners of Hungary. The State Department Cultural Diplomacy Award is designed to honor distinguished representatives of American culture whose efforts and artistry advance America's goals of mutual understanding and the deepening of friendship between the United States and others.

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Sunday, April 08, 2012

Lawyers Fight Among Themselves Before They Fight The Opposition.




Seattle-based John Henry Browne is the civilian attorney representing Staff Sergeant Robert Bales, the U.S. soldier accused of murdering 17 Afghan villagers. Attorney Browne wants to replace the military lawyer assigned to the case. They are having serious disagreements over how to handle the defense.

"You are fired, sorry, but we have much more experience than you," Attorney Browne, said to military lawyer Major Thomas Hurley. Major Hurley is an experienced military lawyer. He has handled more than 60 military courts-martial; three involved homicide charges; however, none were capital cases.

The Army assigns defense counsel such as Hurley to soldiers facing court martial but defendants also have the right to hire additional civilian counsel. The military assigned counsel is called the Detailed Military counsel (DMC). The hired civilian counsel is called the Individual Military counsel (IMC).

"Major Hurley is not a team player and has no experience in murder cases, we do," Attorney Browne has said. "We have gotten 17 not guilty verdicts in murder cases and have gotten life verdicts in all our death penalty cases."

Browne unleashed a unilateral public attack on the way U.S. prosecutors are handling the investigation into the shooting and accused U.S. authorities of blocking access to potential witnesses. There is also disagreement over the decision to put Bales' wife on the television talk show circuit.

Major Hurley believes making public statement on television before the trial "limit our options at trial or expose important witnesses to effective cross-examination that they would otherwise not have to face".

I faced similar situations when I was a retired officer Coast Guard Law Specialist representing Coast Guard members in Coast Guard Base New York in courts-martial. However, I never had to assert my authority as lead counsel, Individual Military Counsel (IMC). The Coast Guard always detailed the most junior and inexperienced military counsel to the members that I represented. They were only qualified to carry my brief case and take notes, and they knew it. They were content to observe and listen and sometimes offer a helpful comment. I had just retired, I knew the Uniform Code of Military Justice; I knew the accused; and I knew the judges and all of the members of the Prosecution team; so, I was better qualified to represent the accused. And the military counsels knew this, so , they never challenged my decisions in conducting the defense of the accused.

In the case of the Coast Guard Academy court-martial of Cadet Webster Smith there was similar tension and disagreement between CDR Merle Smith, (IMC) and LT Stuart Kirkby, (DMC). LT Kirkby was not even a Coast Guard Law Specialist. He was a Navy Judge Advocate General from the Naval Submarine Base at Groton, CT..

There was serious tension between CDR Smith and LT Kirkby. The tension and friction became so acute that it required several emergency sessions with the parents of Cadet Webster Smith to settle the issues. (THIS SUBJECT WILL BE TREATED IN DETAIL IN MY NEXT BOOK, THE SEQUEL TO CONDUCT UNBECOMING an Officer and Lady)

There were disagreements about who to put on the witness list, who to call as a witness, who wouldl make the Opening Statement, who wouldl make the Closing Argument, who would argue which motion, which motions to bring, who wouldl examine which witnesses, who would make objections to statement and questions by the Prosecution, whether to give interviews to the news media, which questions to ask which witness; and , the biggest issue of all, whether to put the Accused, Webster Smith, on the witness stand. That is always a crucial decision. In the Webster Smith Case, it may have been the one issue decided the final verdict in the case.

http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-ebook/dp/B006VPAADK





This review is from: CONDUCT UNBECOMING an Officer and Lady (Kindle Edition)

CONDUCT UNBECOMING an Officer and a Lady: A Review.



I read this book. Judge London Steverson, the author, a 1968 Coast Guard Academy graduate, and retiree, did an outstanding job of parsing the facts of what is arguably a judicial tragedy.



According to the book, leaders at the Coast Guard Academy failed to follow the recommendation of the investigating officer, which was not to prosecute the accused of sexual assault, among other allegations, because evidence of the alleged crimes seemed insufficient; failed to follow procedures in responding to the defendant's Article 138 claim and failed to allow the defendant the customary grace period before reporting for confinement. There are a few other apparent missteps--like failing to instruct the jury that the defense does not have a burden of proof in criminal cases--that are capably documented in the book. Rather, according to the author, the Coast Guard Academy leadership chose to prosecute on the recommendation of a staff attorney in spite of the recommendation of the investigating officer the leadership appointed.



As for the defendant, some of his alleged conduct could, conceivably, call into question his judgment and discretion. To that end, he seemed to overlook a common, conspiratorial axiom: "There is no honor among thieves." As it relates to discretion, at his age he may not have heard the axiom, "Loose lips sink ships." The defendant was popular and athletic according to the book. These are traits that some others usually find attractive. Judge Steverson details how these traits attracted several cadets to the defendant. Consequently, one of the attractees had a mishap that directly involved the defendant and the two entered into a secret pact not to reveal the mishap because it could have an impact on both of their lives as cadets. Well, the defendant's second error seemed one of indiscretion because this particular attractee subsequently got wind of the tale involving the shared secret and turned her apparent affection into unabated vengeance. Not only did she turn to vengeance towards the once popular, now vilified athlete, but another five or six attractees also seemed to act in concert, according to the text. According to the author's account. All it took to convict the defendant was the allegations of sexual assault among other allegations.



The gist of the book is the author's plea to the Coast Guard to live up to the Constitution that its members, including the Court Martial's convening authority and the defendant, swore to uphold and protect. He pleads with Coast Guard Academy leadership not to substitute their personal feelings of how they think the world should operate for justice. The author asks them to remain faithful to this nation's long-standing creed of "Equal protection under the law." Finally, the author pleads with the Coast Guard Academy leadership to adhere to established legal procedures. Rather than answer the author's pleas to uphold and protect the Constitution, ensure equal protection under the law and adhere to established legal procedures, the author asserts the Coast Guard seemed to want to send a message to this cadet. Why this cadet? We may never know. He was talented, athletic and popular, but it is fairly certain most cadets are talented and athletic, even if not popular. Perhaps, the timing was wrong; perhaps the Coast Guard thought it was time to address the issue of sexual assault at the Coast Guard Academy or was it just bad timing for this cadet? That this cadet was the first cadet in Coast Guard history to be court martialed and had a distinguishable ethnicity is germane. Wrong place? Wrong time? You decide.



The author gives you a lot to work with. It is readily apparent the esteemed author thoroughly researched this matter and presented exhaustive explanations of law and fact. Transcripts of the legal proceedings are provided in the appendixes. This book is recommended to anyone interested in military legal proceedings or simple justice. The author's assertion that this case will live in infamy does not seem like an exaggeration. Only time will tell if it is the Coast Guard Academy's or the defendant's infamy.

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Wednesday, January 11, 2012

http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-ebook/dp/B006VPAADK/ref=pd_rhf_se_p_t_2

To start the New Year with a bang, commanders at the Air Force Academy in Colorado Springs on 5 January 2012 charged three Air Force Academy cadets with sexual assault in cases that occurred over the past 15 months.

The cases involve acts allegedly committed at the Academy, and involve civilian women as well as female cadets.

In November 2011, Cadet Stephan H. Claxton is alleged to have unzipped the fly of a female cadet while she was "substantially incapacitated" -- a phrase the military has used in the past to describe intoxication.

Cadet Claxton faces assault and attempted rape charges, including an allegation that he forcibly kissed one cadet and assaulted another. He is also charged concerning an incident in March 2011, where he is accused of forcing a fellow cadet to touch his genitals and indulge in underage drinking.

Cadet Kyle A. Cressy, a graduating senior and a member of the soccer team, is charged having sex with a woman at the academy who was "substantially incapacitated." It's unclear from the charge sheet whether the alleged victim was a civilian or a female cadet.

Cadet Robert M. Evenson Jr. is alleged to have forcibly raped a female cadet in the spring of 2010. He's also charged with breaking cadet regulations by having an ongoing relationship with a female freshman. He also is suspected of abusing his power position as a "cadet non-commissioned officer for honor cases" to extract sexual favors from a female fellow cadet. This is serious. He was charged with enforcing the Honor Code. he may have used it to supply gris for his mill. As one of the cadets entrusted with enforcing the Academy's Honor Code, he would have been in a very coveted position. He was expected to punish those who lie, cheat, steal or tolerate others who do. Those who violate the Honor Code face a maximum punishment of expulsion from the Academy. Allegations of corruption in the Honor Code enforcement system will likely send shockwaves through the Cadet Corps and the Academy alumni. The Honor Code is the very touchstone of the Academy's culture.



These charges come to light a week after the Pentagon reported a spike in the number of sexual assaults at the air Force Academy. There were 33 reported incidents in the 2010-2011 academic year. This is a four-fold increase in a two year span.

There are about 4,000 cadets at the Air Force Academy. A senior academy spokesman said these charges don't appear to mark a return of the level of incidents of sexual assault of 2003. In 2003 the Academy and the nation were rocked when dozens of female cadets reported incidents of alleged sexual assaults. Many of those cases were mishandled or ignored.

Several senior officers at the Academy were fired in the wake of the 2003 scandal. This resulted in congressional scrutiny to the issue of sexual assaults at all the nation's military academies. There were courts-martial at the Coast Guard Academy in New London, Connecticut and the Naval Academy at Annapolis, Maryland. Three were major reforms at those institutions.

The Coast Guard Academy court-martial of Cadet Webster Smith marked the first time in history that a cadet at the Coast Guard Academy was given court-martial. Some Coast Guard Academy graduates accused the Coast Guard of racial discrimination because the accused, Cadet Webster Smith, was African American and all of the accusers were white females. One of them was his girl friend who had become pregnant, and had an abortion more than six months before the Coast Guard decided to charge Cadet Smith with rape.

In the meantime it was learned that about 11 other cases of confessed rape had been resolved without resort to a court-martial. All of the other cadets were allowed to resign quietly and slip into darkness. All the other cadets were white. This is part of the reason that there were claims of bias and inappropriate command influence in the prosecution of Webster Smith.

The conviction was appealed all the way to the United States Supreme Court. It is interesting to note that there were several 'Friend of the Court' or 'amicus briefs' filed with the Supreme Court by senior military lawyers from other branches of the armed forces in favor of the reversal of the Webster Smith conviction. It set a very bad precedent and there were irregularities in the prosecution and the appellate review of the conviction. The case was thoroughly critiqued in a book available on Amazon.com. (See http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-ebook/dp/B006VPAADK/ref=pd_rhf_se_p_t_2)

The Pentagon in a December 2011 report to Congress praised the Air Force Academy's efforts to curb sexual assault in the ranks and gave the school high marks for its programs to encourage sexual assault reporting.

"[The academy] demonstrated commendable practices that should be considered for replication by other military service academies," the Defense Department wrote in the report. The Coast Guard Academy had already implemented a new procedure for reporting and investigating sexual assaults in the wake of the Webster Smith case.

If any of these cadets get convicted, it would mark a reversal of fortunes for air Force prosecutors. Since the 2003 scandal, the academy has prosecuted a string of rape cases against cadets. But none of those cases has resulted in a conviction. Unlike the Coast Guard Academy, where one prosecution in 2006 resulted in one conviction and six months in jail for a graduating senior. (http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-ebook/dp/B006VPAADK/ref=pd_rhf_se_p_t_2)

Recent rape trials at the Air Force Academy have almost always centered on the issue of 'consent'. The defendant always used as a defense that the alleged victim gave her consent. He said she asked for sex. The cases were also marked by a lack of forensic evidence that could help sort out the conflicting claims. One can never be sure what a jury will decide in a case of 'he-said, she-said'.

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Tuesday, October 04, 2011

CONDUCT UNBECOMING an Officer and Lady
If the USA is one big book club then the American Corner and the Steverson Collection Book Club must have been hoping that this would be the week that everyone was talking about "CONDUCT UNBECOMING an Officer and Lady", Judge London Steverson's most recent revelation concerning the trial and conviction of the first Coast Guard Academy cadet in the history of this small military academy in New London, CT..(www.judgelondonsteverson.com)

This case really made news and generated a lot of changes in the way sexual assaults are reported and investigated in the military academies. Read in full, this book is a new American Tragedy. It has the virtues and limitations of Theodore Dreiser's original American Tragedy: contemporary, still unfolding history, shadows of power, teenage binge drinking, inter-racial sexual encounters of the worst kind, and immorality at the highest levels of the military. That means an all knowing, seemingly eyewitness, mind-reading author; an unbelievable dialogue of incrimination and recrimination, back and forth he-said, she-said. One is left with the unmistakable feeling that someone must be telling the truth, but who?

If the male cadet-accused is, then the female cadet-accuser is a woman of easy virtue times two. Also, she would have to be a pathological liar.

If the female cadet-accuser is telling the truth, then the accused male cadet is a Jim Dandy, smooth, athletic, lady's man, who finally gets hoisted on his own petard.

This book is non-fiction, and it is based on a true story. It is an analysis of the latest bomb to come out of the annals of inter-class, inter-racial, misconduct at the Coast Guard Academy.

Analysis, background, and exposition necessarily take a back seat to exaggeration. There is no need to inflate the facts; this truth is more fascinating than fiction.

After showing that the accused is not the sexual predator that he was alleged to have been by senior officials, the book demonstrates how the justice system was used to pervert justice in a case of few complicated facts. This case actually went all the way to the United States Supreme Court.

In addition to exposing the trial for what it was; that is to say, a kangaroo court; the author actually paints a detailed and accurate description of the real Coast Guard Academy sexual predator.

https://www.amazon.com/author/cgachall.blogspot.com

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Sunday, April 17, 2011

Why Was Webster Smith court-martialed?






An American Tragedy, The Webster Smith Story Is An American Tragedy.

The Webster Smith Story is an American tragedy. It is not just the story of a Black Coast Guard Academy cadet; it is the story of an American family. It is the story of his mother, Belinda; and his father, Cleon; his wife, Lindsey and their daughter; and of his sister and brothers. It is the story of the friends of Webster Smith. They have all been harmed by the violence directed at their son, brother, husband, father and friend.

At the Coast Guard Academy, Webster Smith was a member of the Eclipse, Track Team, Football team, Regimental Staff, and a Swab summer Staff. He represented the Coast Guard in Washington DC concerning fitness and nutrition programs. He received numerous silver stars and never received a demerit prior the incident and investigation in 2005 that led to his court-martial.

To his classmates, teachers, and coaches Webster Smith appeared to be a magnetic, charming and gifted man, who had risen above his circumstances. Yet, in a moment, as if in the twinkling of an eye, a swift series of events diminished his popularity, vilified his name, and assailed his honor. His image was converted by senior Coast Guard officers from a popular athlete and nice guy to that of a sexual predator and public enemy number one at the Coast Guard Academy.

Webster Smith had dared to dream some big dreams. Like Alex Haley he had dared to believe that he could rise in the USCG to the highest level to which his talents and initiative could take him.

His parents were middle class African Americans. His father, Cleon Smith, was a graduate of the Coast Guard Academy in the Class of 1978 along with Vice Admiral Manson K. Brown.

His mother, Belinda Ingram Smith, believed in God and a good education. After attending college at WSSU for four years she went on to become the first Black female Crime Scene Investigator in the history of the Winston-Salem police Department.

This unbelievable turn about in what had been a Black success story is a singularly American tragedy.

That a cadet so deeply respected and loved by his coaches and classmates could evoke such an outpouring of hate and anger from the senior officers at the Coast Guard Academy is a Coast Guard tragedy and an American tragedy.



All of the female cadets involved with and associated with Webster Smith escaped clean without any consequences for their actions or their behavior. Mother Nature was the only one who exacted a penalty. Natural Law resulted in a pregnancy for his girlfriend. An abortion followed.

If women are equal, they should be treated as equal. Not a single woman was disciplined under the UCMJ or the cadet regulations. All of the female cadets involved in the Webster Smith case graduated and were commissioned as Coast Guard officers. Their testimony at the court-martial painted a picture of female cadets who were untrustworthy, arrogant, and certainly not ladies. Their conduct was unbecoming an officer and a lady. (Read more at www.judgelondonsteverson.com)



These women were witnesses at a public trial yet they were accorded the equivalent of rape shield protection. This was not a rape case. Not one of the women had been raped. There was testimony of consensual sex acts. Some of the consensual sex acts were unlawful because, among other things, they occurred in Chase Hall, or at Academy functions. How could unlawful consensual sex acts result in charges against only one of the participants? It takes two to tango.

Is it wrong for Black people to ask if there is a double standard? Would that amount to paranoia on the part of Black people? Or would that be considered playing the race card simply to inquire? Is it absurd to believe that anything more than pure chance resulted in the court-martial of Webster Smith? The fact that he was court-martialed speaks to a social reality that African-Americans are acutely aware of in America. Race is not a card to be dealt, but it determines whom the dealer is and who gets dealt a losing hand.

According to a 2008 General Accounting Office Report, from 2003 to 2006 there were NO sexual-harassment complaints at the Coast Guard Academy, but there were 12 incidents of sexual assault reported to the Coast Guard Investigative Service (CGIS), with one incident in 2003, one in 2004, “NONE” in 2005 and 10 in 2006. It is hard to conceive of the facts relied upon by, Captain Douglas Wisniewski, the Commandant Of Cadets when he asserted in 2005 that there was a climate of fear of sexual assault in Chase Hall.

The 10 incidents reported in 2006 would appear to have occurred after the Webster Smith court-martial. Webster Smith was removed from Chase Hall in 2005. Who was doing all of the sexual assaulting in 2006? Why were none of these people brought to justice? They could have been tried along with Webster Smith.

The U.S. Supreme Court refused to hear the appeal of Webster Smith. The justices declined to hear the case without comment. The decision of the Court of Appeals for the Armed Forces (CAAF) became the final decision in the case.

Thirteen female cadets and 11 males at the U.S. Coast Guard Academy (CGA) reported anonymously in an April 2008 survey that they experienced “unwanted sexual contact,” ranging from touching to forced sexual acts, during the 2007-08 school year.

More than three-quarters said that alcohol or drugs were involved and that the offender was a fellow cadet.
None of the women sought professional help and only 7 percent discussed the incident with authorities.

When Alexander Hamilton organized the Revenue Cutter Service in 1790 it was established in the Department of the Treasury. Later it became known as the Coast Guard. In 1966 it was placed in the Department of Transportation. Today it is the nucleus of the Department of Homeland Security. Webster Smith's case is currently being reviewed for clemency by the Secretary of the Department of Home Land Security, Janet Napolitano.

Webster Smith would have made an excellent military officer. It is Webster Smith and people like him that I want on the wall as our last line of defense for our American way of life protecting us from the great unwashed horde that is coming. Secretary Napolitano who do you want on that wall?
(Read more at www.judgelondonsteverson.com)

CONDUCT UNBECOMING an Officer and a Lady: A Case That Will Live In Infamy. The Conviction of Webster Smith.CONDUCT UNBECOMING an Officer and a Lady: A Case That Will Live In Infamy. The Conviction of Webster Smith. by Judge London Steverson

My rating: 4 of 5 stars


The Webster Smith Story is an American tragedy. It is not just the story of a Black Coast Guard Academy cadet; it is the story of an American family. To his classmates, teachers, and coaches at the Coast Guard Academy Webster Smith appeared to be a magnetic, charming and gifted man, who had risen above his circumstances. Yet, in a moment, as if in the twinkling of an eye, a swift series of events diminished his popularity, vilified his name, and assailed his honor. His image was converted by senior Coast Guard officers from a popular athlete and nice guy to that of a sexual predator and public enemy number one at the Coast Guard Academy.The Webster Smith case was a litmus test for justice in America. Every once in a while a case comes along that puts our humanity as a people on trial. Everything that we profess to stand for as Americans was on trial. I am ashamed of our justice system. This was a tragedy and a travesty.

I wanted to know why Webster Smith was court-martialed? Now I know. This book is the full story.

http://cgreport.wordpress.com/2011/07/25/conduct-unbecoming-an-officer-and-a-lady-the-webster-smith-trial/#comment-27379



View all my reviews

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Saturday, December 11, 2010

Supreme Court Too Busy To Bother With Webster Smith's Case.

A final judgement has been entered in the Case of Cadet Webster Smith. He fought a good fight; he kept the faith; and, he finished the course. But, there is no crown of justification laid up for him in this world.

Perhaps in the World Tomorrow, the Righteous Judge will see the merits of his case.

Hard cases make bad law. In this case, the facts were not so hard to distinguish as the defendant was of the wrong persuasion.

Webster Smith will never again have to ask 'how is the cow?'. No need to explain that she walks; she talks; she's full of chalk; the lactile fluid extracted from the female of the bovine species is highly prolific to the Nth degree. He will never again have to concern himself with swab indoc. He will never be a company officer adviser, or the Commandant of Cadets.

A regrettable and avoidable chapter in Coast Guard history may be over.

IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA

No. 10-18
Title: Webster M. Smith, Petitioner
v.
United States

Docketed: June 30, 2010
Lower Ct: United States Court of Appeals for the Armed Forces
Case Nos.: (08-0719)
Decision Date: March 29, 2010

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jun 28 2010 Petition for a writ of certiorari filed. (Response due July 30, 2010)

Jul 30 2010 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 30 2010 Brief amicus curiae of United States Army Defense Appellate Division filed.

Oct 28 2010 Brief of respondent United States in opposition filed.
Nov 5 2010 Reply of petitioner Webster M. Smith filed. TBP
Nov 8 2010 DISTRIBUTED for Conference of November 23, 2010.
Nov 29 2010 Petition DENIED.

The only cadet court-martialed in the 130-year history of the Coast Guard Academy has run out of options to appeal his conviction.

Cadet Webster Smith already served time behind bars, but continued to fight all the way to the U.S. Supreme Court.

After more than four years, the Smith case is over. The former Coast Guard cadet hit a dead end when the U.S. Supreme Court has decided not to hear his final appeal.

Smith was acquitted of rape charges, but served five months in a military prison after being convicted of sodomy, extortion and other charges.

He was also kicked out of the Coast Guard Academy.

Smith has claimed in multiple appeals that his constitutional rights were violated at his trial.

He said he wasn't allowed to ask one of the female cadets who accused him of rape about her past, saying he wanted to show that the woman known as Cadet S.R., had a motive to lie about what happened with Smith.

He claimed their sexual encounter was consensual.

Since the nation's high court has declined to hear Smith's case, the final judgment comes from the U.S. Court of Appeals for the armed forces.

In March the court ruled that his conviction should stand, saying "further cross-examination of Cadet S.R. was not 'constitutionally required.'"

Many Supreme Court experts thought the high court might take Smith's case, but the justices declined the case without comment.

Congress is deadlocked; the President is weakened; and, the Supreme Court does not appear to be in a mood to settle conflicts of law between the Circuit Courts. Since nature abhors a vacuum, this may be a good time to legislate from the bench.

This case implicates a deep circuit conflict regarding
the standard of review that applies when a trial
judge’s restriction on the cross-examination of a prosecution
witness is challenged on appeal as a violation of
the Confrontation Clause. The Court of Appeals for the
Armed Forces (CAAF) held that the standard of
review is abuse of discretion rather than de novo. Applying
the former standard, the court rejected Webster Smith’s
Confrontation Clause claim by a vote of 3-2.

The Courts Of Appeals Are Deeply Divided
Over What Standard Of Review Applies To
Confrontation Clause Claims Like Webster Smith’s.
The CAAF employed abuse-of-discretion review in resolving
Smith’s Sixth Amendment challenge to the
military judge’s restriction on the defense’s crossexamination
of Shelly. That approach conflicts with the holdings of five circuits, which consider comparable Confrontation Clause claims de novo,
reserving abuse-of-discretion review for nonconstitutional
challenges. For example, the Seventh
Circuit has stated that “[o]rdinarily, a district court’s
evidentiary rulings are reviewed for abuse of discretion.
However, when the restriction [on crossexamination]
implicates the criminal defendant’s Sixth
Amendment right to confront witnesses against him, ...
the standard of review becomes de novo.”
The First, Fifth, Eighth, and Tenth Circuits
have adopted the same approach.

Six other circuits, by contrast—the Second, Third,
Fourth, Sixth, Eleventh, and District of Columbia Circuits—
take the same approach that CAAF does, applying
abuse-of-discretion review even when a restriction
on the cross-examination of a prosecution witness is attacked
on constitutional grounds. The Sixth Circuit,
for example, stated in one case that “[defendant] argues
that his right to confrontation was violated when the
trial court ‘unfairly’ limited his cross-examination of [a]
government witness .… We review the district court’s
restriction on a defendant’s right to cross-examine witnesses
for abuse of discretion.”

In short, CAAF’s use of an abuse-of-discretion
standard in this case perpetuates a clear—and recognized—conflict in the circuits.

The Question Presented Was Recurring And
Important, And The Smith Case Was A Good Vehicle
For Deciding It.
The circuit conflict at issue warranted resolution
by the Supreme Court. The constitutionality of restrictions
on cross-examination arises frequently in criminal prosecutions, and in every part of the country. Those cases also show that the conflict over the standard for appellate review of such restrictions is established;
there is no benefit to be gained by giving the lower courts additional time to consider the issue. Moreover, the question presented was important, because the standard of review can determine the outcome of an appeal. The difference between a rule of deference and the duty to exercise independent review is much more than a mere matter of degree. In even moderately close cases, the standard of review may be dispositive of an appellate court’s decision. That is particularly true when one
standard is highly deferential: CAAF, for example, has stated that “the abuse of discretion standard is a strict one,” satisfied only when “[t]he challenged action [is] arbitrary, fanciful, clearly unreasonable, or clearly erroneous".

Also, disuniformity created by the conflict directly
affects a fundamental individual right. Some defendants
in criminal cases enjoy less protection of the critical
right to confront their accusers because of the fortuity
of where their trials were held,or, as to cases decided
by CAAF, because they have chosen to wear the nation’s uniform.

The Webster Smith case presented a good vehicle to resolve the circuit
conflict. Webster Smith’s standard-of-review argument was both pressed and passed upon in the court of appeals, rendering the issue suitable for review by certiorari. In addition, CAAF’s rejection of Smith’s argument may well have determined the ultimate outcome. Even applying highly deferential review, CAAF was narrowly divided as to the constitutionality
of the military judge’s ruling in this case. If even one of the three judges who deemed that ruling not to be an abuse of discretion were to conclude, upon reviewing without deference, that it was inconsistent
with the Sixth Amendment, Webster Smith would have prevailed.



Smith now lives in Austin, Texas, with his wife and daughter. He's required to register as a sex offender there for the rest of his life.

Justice truly was not served in this case. What is happening in America?
What happened to Freedom of Speech and Freedom of the Press? With the dumbing-down of the American educational system, most Americans now seem to know little and care less about their fundamental freedoms and civil liberties. Some believe that the police have a right to enter their homes without probable cause or a warrant. They do not believe that they have the right to "just say No".

In the Land of the Free and the Home of the Brave fundamental freedoms are being challenged as never before. Senators on Capitol Hill sound like a lynch mob calling for the head of the Wikileaks leader who published diplomatic cables on the internet. Many of the cables were little more than embarassing gossip. Yet, the administration that came into town riding the "transparency in government" horse are scrambling to keep its in-house chatter secret. We have not seen this much ado about release of tapes and documents since Richard Nixon and Alexander Butterfield let the cat out of the bag with the Watergate Tapes brew-ha-ha.

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Wednesday, November 25, 2009

COAST GUARD ACADEMY FACES HISTORIC OVERHALL IN ADMISSIONS CRITERIA.

Eight years after the U.S. Coast Guard (USCG) and the NAACP signed a voluntary agreement to work together to boost the number of African-Americans at its 1,000-cadet Coast Guard Academy (CGA), the annual enrollment and graduation figures for Blacks remain in single digits.

Seven Blacks graduated from CGA in New London, Conn., in the Class of 2001, the year the agreement was signed.

The same number graduated from the Class of 2006, the first class for which Blacks were recruited under the agreement.

Subsequently, there were seven Black graduates in the Class of 2007, five in the Class of 2008 and four in the Class of 2009.

That makes 23 graduates in four years under the agreement, including CGA's first Black female valedictorian. In the four previous years the number was 33.

Leading lawmakers have grown increasingly upset with results even as they repeatedly are told the USCG is working hard to improve diversity in a service where only 311 of its 6,787 commissioned officers are Black.


There is only one Black admiral, Admiral Manson K. Brown, who graduated in the Class of 1978.

"The Coast Guard has just not paid attention to it. It is not antipathy or animosity toward it," said Rep. James Oberstar, D-Minn., chairman of the House Transportation Committee. "I think we're moving in the right direction and got the Coast Guard's attention and we're not going to let up."

Under a House bill, sponsored by Oberstar and Rep. Elijah Cummings, D-Md., the Coast Guard subcommittee chairman, members of Congress would nominate candidates for the academy. All the other service academies have long used congressional nominations.

On a 385-11 vote last month, the House advanced the legislation to the Senate.

The Coast Guard Academy historically has taken pride in viewing itself merit-based and choosing its applicants without regard to their geographical distribution among the states. As a result many areas of the country are unrepresented in the USCG officer corps. Other areas, such as, New York, California, Texas, and the mid-South have historically been over-represented.

Rep. Cummings, a member of the Congressional Black Caucus, expects Black enrollment to grow with congressional involvement, at least in part because the House typically has about 40 Black lawmakers who would be effective recruiters in largely Black congressional districts.

The Coast Guard's position on the bill has been rather subdued. This is to be expected. The USCG is the last bastion of white male supremacy in the U. S. Armed Forces. Also, the USCG officer corps is quickly becoming disproportionately female. About 30% of the cadets at the CGA are females, and mostly white. The Coast Guard Academy, founded in 1876, is the smallest U.S. military academy with an enrollment of about 1000 cadets. Women represent about 30 percent of Coast Guard Academy cadets, compared with less than 20 percent at the Air Force and Naval Academies and about 15 percent at West Point.

The torch has truly been passed to a new gender at CGA. This raises other question of a more practical nature. It raises questions of a safety and seaworthy nature. The nation's oldest continuous seagoing service may find some of its high endurance cutters unseaworthy on long deployments. There are some anatomical factors that the Personnel Assignments branch must take into consideration since the pool of available officers will be disproportionately full of female officers.

This is the big question, can too many female officers in strategic assignments on a vessel or shore unit render it UNSEAWORTHY for 7 days out of 30? It would appear that it is quite possible because of the McClintock Effect. Women are supposed to be less rational and more emotional at the beginning of their menstrual cycle when the female hormone is at its lowest level. If every female officer on the ship or unit is experiencing the same symptoms at the same time, the unit would be rendered unseaworthy or not fit for full duty. The lives of every member of the crew would be in danger.

The McClintock effect (also known as "Menstrual Synchrony") is the observed phenomenon that the menstrual cycles of women who live together (such as in prisons, convents, bordellos, dormitories, military academies etc.) will tend to become synchronized over time.

The phenomenon, sometimes referred to as the "social regulation of ovulation," was first formally studied by psychologist Martha McClintock, who reported her findings in Nature in 1971. It has also been noted in small animals such as mice and guinea pigs. Females affected will tend to follow the 'lead' of the alpha female.
Since the research on the McClintock effect is inconclusive, many important questions remain, such as why it evolved and how much pheromones and Jacobson's organ play a role. One possible explanation on why it evolved is: because it allows more males to mate and pass their genes. If only one female of the group was ready to mate at a time, the most probable outcome would be that only the more dominant male would have access to her.
It is apparent from research that some women at least synchronize after living together for a time. Yet others, in virtually identical living conditions, do not. (McClintock, Martha K., Menstrual Synchrony and Suppression. Nature. 229: 244-45, 1971.)
Let me attempt to answer a question asked by Gloria Steinam of Ms. Magazine, If women are supposed to be less rational and more emotional at the
beginning of our menstrual cycle
, when the female hormone is at its
lowest level, then why isn't it logical to say that in those few days
women... (are not fully capable of performing the duties of a ship’s officer or unit commander in a dangerous situation with a very small margin for error?)

According to a Coast Guard Task Force Report completed in 2007 “Women generally outperform their male counterparts in both academic and military requirements”. (The Report, page 39). If that is truly the case, then it is a good thing the Academy is not a regular “Joe College”. The percentage of women in the student body could easily go from 30 percent to 70 or 80 percent using a strictly merit system of admissions. Men would have to seek “affirmative action” in order to gain admission. The Admissions Office would have to consider GENDER as a factor in admissions, along with race, SAT scores, and extra-curricular activities. This is how the Whole-man Concept of recruiting works.

One out of three cadets graduating in the Class of 2007 from the U.S. Coast Guard Academy was a woman, making it the largest class of female cadets to graduate from CGA.

The CGA's superintendent, Rear Adm. J. Scott Burhoe, who is not an Academy graduate himself, likes the existing "merit-based system," but would be "fine" if Congress adopted congressional nominations.

"I think for us part of our fear is the unknown, really, right now," he said in an interview with The Associated Press (AP).


The Coast Guard Academy graduated its first Black officer, Merle James Smith, in the Class of 1966. He is presently an adjunct law professor at the Coast Guard Academy.

There were two Black graduates in the Class of 1968. They were Kenneth Boyd and London Steverson.




(At right, newly commissioned Ensign London Steverson, June 1968)
They are usually referred to as the Kennedy Cadets, because they were recruited in response to a directive from President John F. Kennedy to find and admit qualified Black applicants. There was one Black graduate in the Class of 1970, Willie Pickrum. In the 43 years since 1966, only about 2 percent of CGA's graduates have been Black and only once has there been as many as 10 in a single year.

Two years ago, the academy drew national attention when a noose was found among a Black cadet's personal effects on the CGA's training ship, the USCGC Eagle. That was followed with the appearance of a noose for a white officer who was conducting race relations training at CGA. This was part of the fallout from the court-martial of Webster Smith, the first cadet in Coast Guard history to receive a General court-martial. Webster Smith is Black. His father graduated from CGA in the Class of 1978 along with Admiral Manson K. Brown, the only Black admiral serving in the USCG. Admiral Brown is a strong candidate to become the USCG's first Black Commandant.

Rep. Cummings said at the time that the Coast Guard must redouble its efforts in the face of a clear attempt to threaten and intimidate efforts to increase diversity.

An investigation involving 50 federal agents including the FBI produced no arrests or motives.

At present, CGA reports it has 136 minorities, with 72 Hispanics, 39 Asians and 25 African-Americans.

The USCG and CGA, when asked by The AP how many African-Americans were admitted to CGA as a result of the NAACP memorandum of agreement, said, through spokeswoman LT. Nadine Santiago, that there was no way to know. That is a polite way to say "none", not one.

Lawmakers lashed out at the Coast Guard at a hearing last June for admitting so few Blacks for the 2013 class only months after a previous hearing and discussion about the need to provide for congressional nominations.

"I am shocked that you only have five African Americans entering the class of 2013 and that you only offered two African American students appointments that were coming directly from high school that did not need additional preparation from a preparatory school," Oberstar said. "The Naval Academy found 149 fully qualified African-Americans to attend their Academy."

The U.S. Naval Academy, in Annapolis, Md.,, accepted 1,328 as cadets for its Class of 2013. For that class, 327 African-Americans applied, with 138 of the 149 blacks deemed fully qualified accepting offers of admission.

The Coast Guard, for its own 2013 Class, offered admission to 411 of 1,672 applicants, with 290 accepting offers. Only 47 Blacks had applied, with seven being offered admission and five accepting. At the same time, 26 Hispanics and five Asian-Americans accepted admission.

"We are able to attract the cream of the crop, but more importantly, the Coast Guard has the ability to select applicants which meet its demands," Rep. Howard Coble, R-N.C., a Coast Guard veteran, said of the current admissions system "This could continue with a direct nomination process, but it injects a component that removes the academy from the equation."

The Coast Guard must graduate 70 percent of its cadets in science, math and technological fields. For the 2013 Class, the average SAT math and verbal scores totaled 1240, with the average GPA a 3.8, and half of the students were in the top 10 percent of their high school class.

Using the present admission's criteria, many cadets are quick to point out that they made it into the CGA own their own without any help from anyone. Some Black cadets are foolish enough to say "I got here all by myself, own my own merit. I am not an affirmative action baby". Little do they realize how the admission's criteria and their records are massaged and weighted to arrive at their final score. The CGA has always referred to this as the "wholeman concept" of recruiting. The Admission's Office weighs certain things, such as, community involvement, athletic achievement, extra curricular activities, and musical or speaking skills along with who your parents are, before they arrive at that final magic number that determines the place of each applicant in the pecking order for an appointment.


Some cadets, like Cadet First Class Jacqueline Fitch, 21, Catonsville, Md., who recently became the academy's first Black woman to be named a regimental commander are quick to spout the party line. She wonders about making a change to congressional nominations.

"I know when I applied for the Coast Guard Academy one of the things that made me really proud is that I got into the academy off of my own merit," she said, explaining she was initially rejected and first had to go prep school. "I had to work really hard to get to the academy."

Hilary Shelton, the NAACP's senior vice president for advocacy and policy, said the Coast Guard asked to enter into their nonbinding memorandum of agreement in 2001 after the Coast Guard recognized its record in recruiting Blacks was dismal. Eight years later, he acknowledged that the current Black enrollment figures are "sad and unfortunate."

He was unsure about the use of congressional nominations as a solution. He said adding another step in the selection process could be "stifling" for recruitment.

"I am convinced that we probably need to do a thorough assessment of what we've done thus far and find ways of actually making it more robust," he added. "You need to work with community-based organizations like the NAACP to make sure that this great opportunity is there for them and indeed they can be successful."

There was a time when the USCG was serious about recruiting Black applicants for the CGA. In July 1972 LTJG London Steverson was reassigned from Alaska to Washington, D.C. to become the Chief of the newly formed Minority Recruiting Section at USCG Headquarters. He traveled the country looking for qualified minority high school students who could compete for admission. His efforts were rewarded in 1973 when 28 Black cadets were sworn into the Class of 1977, and again in 1974 when 20 Black cadets were admitted as part of the Class of 1978. When Steverson's efforts proved to be successful, the USCG expressed doubts about being able to absorb so many Black cadets in such a short time into the previously all-white CGA. Steverson was marginalized. His efforts were hampered. His supervisor attempted to give him an adverse fitness report. Eventually, he was transferred.

(LT Steverson, and LTJG Thorn with the Black cadets in the Class of 1978, including ADM Manson K. Brown, and Cleon Smith, the father of Webster Smith.)

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Saturday, October 04, 2008



Admiral Thad W. Allen, Commandant of the Coast Guard, had two Black classmates when he started at the U.S. Coast Guard Academy. Neither graduated with him in 1971.

My class was as nondiverse as it could ever be, and you only run the risk of losing more people” through natural attrition as the years pass, said Allen. He who spoke during a visit to the Academy for Homecoming Weekend 2008 on 3 October.

Now, Allen said, the service is “dominated by old, white males.”

”I think there are a lot of people who want to be inclusive, a lot of senior people, they just don't know how,” he said. “And a lot of that is a generational thing.”

So Allen asked junior and mid-grade officers about what was preventing the Coast Guard from becoming more diverse. He is now pushing several initiatives, based on their suggestions, to help the Coast Guard recruit and retain diverse personnel.

Allen called his solutions “quick hitters” designed to help immediately and to be followed by more changes.

Of the approximately 41,000 people serving on active duty in the Coast Guard, 26.1 percent are minorities, including 19.7 percent minority officers and 27.8 percent minority enlisted personnel. The number of minorities in the cadet corps has hovered around 13 to 14 percent.

Allen called the numbers “too low” and said that Blacks and Hispanics are underrepresented at the academy. He has asked every Coast Guard senior leader to develop a relationship with a university that has a high percentage of minorities, and with its faculty, students and leadership. In turn the Coast Guard leaders will share information about the service.

Allen is focusing on recruiting programs in areas that have diverse populations and is starting a mentoring program at a Baltimore high school. He is also mandating that junior officers see and then sign their evaluation reports for better feedback on their performance. He plans to make career counselors more available to help more officers set career goals and track their progress.

Some minority officers are “falling through the cracks,” Allen said, because their commanding officers have so many other things to do besides career counseling.

”It's a real challenge in some units where we don't have a lot of minorities,” he said. “They can feel excluded if the commands don't make them feel included.”

Senior leaders will soon be required to attend a course on diversity so they will better understand the issues of minorities entering the Coast Guard.


U.S. Rep. Elijah E. Cummings, D-Md., has suggested changing the admissions process at the academy as a way to diversify the cadet corps. The Academy has traditionally admitted students on the basis of academic merit, like civilian colleges, but Cummings would like to bring the application process in line with the other service academies, which admit students by congressional nomination. He added a provision to do so in the Coast Guard Authorization Act, which has passed in the House but is stalled in the Senate.

Allen said he agrees with Cummings about the need to diversify the cadet corps, but worries that requiring a nomination would be a “barrier to entry.”

Allen said many people are still wondering whether the changes will be permanent and whether more will come.

”I think they think this has been a significant step of good faith on the part of the Coast Guard, but they have every right to ask as we move forward, 'Are we going to continue to do this, and will it yield results?' “ he said.

When asked whether it would, Allen said, “We hope it will, yes.”

”Actually, it goes beyond hope,” he said. “I think we must.”

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Sunday, January 06, 2008


Lt London Steverson, NNOA's Judge Advocate General, at NNOA's 1980 National Convention in Cleveland, Ohio.

Navy and Coast Guard officers stationed in the New England area are reviving The National Naval Officers Association (NNOA), an organization that intends to bring more racial and ethnic minorities into the officer corps of the sea services reports Jennifer Grogan in the 6 December 2008 edition of The Day, a newspaper in New London, Connecticut. The New London area is rich in military history and activity. It is the home of the United States Coast Guard Academy. Just up the Thames River from the Academy is the Groton Naval Submarine Base, the home of the Polaris, the first submarine to circumnavigate the globe underwater.

In 2007, whites accounted for more than 80 percent of active-duty Marine, Navy and Coast Guard officers. Between 5 and 8 percent of the officer corps was Black, and the percentage of Hispanics hovered around 6 points.

The rest of the officer corps comprises smaller percentages of other groups, including Asian, American Indian /Alaskan Native, and Native Hawaiian / other Pacific Islander.

“We're behind,” said Lt. Mark Braxton, a civil engineering instructor at the U.S. Coast Guard Academy in New London. “We don't look like what we should look like.”

The organization they have reactivated is the New England Chapter of the NNOA. It aims to help the Navy, Coast Guard and Marine Corps recruit, retain and promote officers from diverse races and ethnic backgrounds.

“We need a voice so people know how we feel,” said Braxton, vice president of the chapter. “When things occur, we now have somewhere we can go to organize our thoughts, and we have a voice to address our thoughts.”

The majority of the local chapter's members are Black, but members say they're interested in helping all groups that are underrepresented in the military.

Although public discussion of diversity in the military often focuses on the “don't ask, don't tell” policy, which allows homosexuals to serve if they keep their sexual orientation secret, NNOA does not have an official position on that issue.

“There are a lot of worthwhile and legitimate causes we could get involved in, but because we are a volunteer organization with some limited resources, we have to stay focused on our primary task, which is to enhance diversity in the sea services' officer corps,” said Bernard L. Jackson, a retired Navy captain and national president of NNOA.

A NNOA chapter in Newport disbanded more than a decade ago because too few people were involved.

“When you look at the number of junior officers in that particular area, there is a critical need for a chapter,” Jackson said.

“Before, you didn't have anybody to go to and say, 'Hey, how do I promote my career? How do I stay on track?'” said Lt. Cmdr. Nigel Andre Sealy, the new chapter's president. Sealy serves as maintenance management officer at Regional Support Group Groton at the Naval Submarine Base.

Lt. Cmdr. Darell Singleterry, an instructor in the department of management at the Academy, said that his interaction with NNOA members earlier in his career was one of the reasons he decided to stay in the Coast Guard.

“When you have conversations with senior successful leaders in the organization, you become motivated, you become invigorated to do great things and follow in their footsteps,” said Singleterry, who also helped organize the local chapter.

Recent efforts to re-establish the association locally began when Rear Adm. Cecil D. Haney, commander of Submarine Group Two, asked Lt. Cmdr. Thomasina Yuille to work on the project and suggested partnering with the academy.

“Personally, I was a little surprised we didn't have one up here,” Haney said. “When you look at my goals for leadership, which are similar to my boss's and similar to the Chief of Naval Operations' goals, it is about professional development. I looked at this as a mechanism by which we could have good professional development.”

Rear Adm. J. Scott Burhoe, Coast Guard Academy superintendent, supported the idea.

“We need to have more minority officers and more women in our senior ranks so that those people who are in the organization can look up and see people who look like themselves,” he said.

Sealy said the reactivation would not have been possible without the support from Haney and Burhoe.

“Unless you have that leadership from the top, believing in it, you wouldn't be able to get these things going,” he said.

Yuille, a chaplain at the Naval Submarine School in Groton, presided over the chapter during the initial organizing.

“People feel like they have a place to turn to,” she said. “NNOA builds relationships, networks and just that support that people will have now that they didn't have before. And with that, hopefully, we'll see an increase in retention.”

The chapter's members have contacted local schools, including New London High, Norwich Free Academy and Three Rivers Community College, to speak with students about the military, and they are looking for professional training opportunities and volunteer projects to work on.

The NNOA's national association gave the chapter $1,000 to offer scholarships, and the members hope to expand the scholarship program in the future. They meet once a month, with committees meeting more frequently.

Membership is open to active duty, reserve and retired officers, cadets at the academy and interested civilians — of any race or ethnic background.

“We let everyone know about organization, and a lot of minority officers are interested and see the benefit of it,” said Sealy, the chapter president, adding that white officers, too, could benefit from membership.

“This is a strategic imperative because not everyone is going to look like the leadership of the past,” Sealy said. “You can't. The numbers aren't there anymore.”

“My desire is to one day not need an organization like NNOA,” Jackson, the national president, said, “but right now, there is a need.”




Judge London Steverson
London Eugene Livingston Steverson
 (born March 13, 1947) was one of the first two African Americans to graduate from the United States Coast Guard Academy in 1968. Later, as chief of the newly formed Minority Recruiting Section of the United States Coast Guard (USCG), he was charged with desegregating the Coast Guard Academy by recruiting minority candidates. He retired from the Coast Guard in 1988 and in 1990 was appointed to the bench as a Federal Administrative Law Judge with the Office of Hearings and Appeals, Social Security Administration.

Early Life and Education
Steverson was born and raised in Millington, Tennessee, the oldest of three children of Jerome and Ruby Steverson. At the age of 5 he was enrolled in the E. A. Harrold elementary school in a segregated school system. He later attended the all black Woodstock High School in Memphis, Tennessee, graduating valedictorian.
A Presidential Executive Order issued by President Truman had desegregated the armed forces in 1948,[1] but the service academies were lagging in officer recruiting. President Kennedy specifically challenged the United States Coast Guard Academy to tender appointments to Black high school students. London Steverson was one of the Black student to be offered such an appointment, and when he accepted the opportunity to be part of the class of 1968, he became the second African American to enter the previously all-white military academy. On June 4, 1968 Steverson graduated from the Coast Guard Academy with a BS degree in Engineering and a commission as an ensign in the U.S. Coast Guard.
In 1974, while still a member of the Coast Guard, Steverson entered The National Law Center of The George Washington University and graduated in 1977 with a Juris Doctor of Laws Degree.

USCG Assignments.
Steverson's first duty assignment out of the Academy was in Antarctic research logistical support. In July 1968 he reported aboard the Coast Guard Cutter (CGC) Glacier [2] (WAGB-4), an icebreaker operating under the control of the U.S. Navy, and served as a deck watch officer and head of the Marine Science Department. He traveled to Antarctica during two patrols from July 1968 to August 1969, supporting the research operations of the National Science Foundation's Antarctic Research Project in and around McMurdo Station. During the 1969 patrol the CGC Glacier responded to an international distress call from the Argentine icebreaker General SanMartin, which they freed.
He received another military assignment from 1970 to 1972 in Juneau, Alaska as a Search and Rescue Officer. Before being certified as an Operations Duty Officer, it was necessary to become thoroughly familiar with the geography and topography of the Alaskan remote sites. Along with his office mate, Ltjg Herbert Claiborne "Bertie" Pell, the son of Rhode Island Senator Claiborne Pell, Steverson was sent on a familiarization tour of Coast Guard, Navy and Air Force bases. The bases visited were Base Kodiak, Base Adak Island, and Attu Island, in the Aleutian Islands.[3]
Steverson was the Duty Officer on September 4, 1971 when an emergency call was received that an Alaska Airlines Boeing 727 airline passenger plane was overdue at Juneau airport. This was a Saturday and the weather was foggy with drizzling rain. Visibility was less than one-quarter mile. The 727 was en route to Seattle, Washington from Anchorage, Alaska with a scheduled stop in Juneau. There were 109 people on board and there were no survivors. Steverson received the initial alert message and began the coordination of the search and rescue effort. In a matter of hours the wreckage from the plane, with no survivors, was located on the side of a mountain about five miles from the airport. For several weeks the body parts were collected and reassembled in a staging area in the National Guard Armory only a few blocks from the Search and Rescue Center where Steverson first received the distress broadcast.[4]. Later a full investigation with the National Transportation Safety Board determined that the cause of the accident was equipment failure.[5]
Another noteworthy item is Steverson's involvement as an Operations Officer during the seizure of two Russian fishing vessels, the Kolevan and the Lamut for violating an international agreement prohibiting foreign vessels from fishing in United States territorial waters. The initial attempts at seizing the Russian vessels almost precipitated an international incident when the Russian vessels refused to proceed to a U. S. port, and instead sailed toward the Kamchatka Peninsula. Russian MIG fighter planes were scrambled, as well as American fighter planes from Elmendorf Air Force Base before the Russian vessels changed course and steamed back

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