Cadet, Lawyer, No Shows At Article 32 Hearing
Cadet Accused In Sexual Assault Case
POSTED: 5:53 am MDT May 7, 2003
UPDATED: 6:37 pm MDT May 7, 2003
COLORADO SPRINGS, Colo. -- A civilian lawyer and an Air Force Academy cadet accused of sexual assault skipped a hearing Wednesday because the lawyer believes a decision to court-martial his client has already been made.
Cadet Jason Lewis is one of three cadets who will face Article 32 hearings this month, the military equivalent of a preliminary hearing to determine if there is enough evidence to hold them for courts-martial.
"Given the climate at the academy, making our case in an Article 32 hearing would be a waste of time," said Frank Spinner, adding that Lewis will plead not guilty. The hearing's presiding officer, Maj. Dawn Zoldi, had not yet decided whether to hold the hearing without Spinner and Lewis present. Lewis, a junior, is accused of harassing a female cadet and forcing her to fondle him Nov. 17 on or near the academy. He remains off campus on leave.
He was orginally scheduled for a disenrollment hearing, which is not a criminal offense, but that changed after dozens of females cadets came forward with allegations that they were reprimanded or ostracized after they reported being raped. The Air Force and the Defense Department have launched three separate investigations. An independent civilian panel ordered by Congress was scheduled to begin work Thursday, but has been delayed because panel members have not been chosen, said Defense Department spokeswoman Maj. Sandy Burr. The academy's top officers have been reassigned and other steps have been implemented in an effort to make the school safer for female cadets. An Article 32 hearing is led by an officer who is assigned to investigate charges. Typically, attorneys present evidence and call witnesses. The officer, or judge advocate, recommends whether to proceed with court-martial, disenrollment or the dismissal of charges, said Col. Craig Smith, chief of the Air Force military justice division. In the academy cases, the final decision rests with the superintendent. Brig. Gen. John Weida is serving as interim superintendent until Maj. Gen. John Rosa arrives at the end of the month.
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He was orginally scheduled for a disenrollment hearing, which is not a criminal offense, but that changed after dozens of females cadets came forward with allegations that they were reprimanded or ostracized after they reported being raped. The Air Force and the Defense Department have launched three separate investigations. An independent civilian panel ordered by Congress was scheduled to begin work Thursday, but has been delayed because panel members have not been chosen, said Defense Department spokeswoman Maj. Sandy Burr. The academy's top officers have been reassigned and other steps have been implemented in an effort to make the school safer for female cadets. An Article 32 hearing is led by an officer who is assigned to investigate charges. Typically, attorneys present evidence and call witnesses. The officer, or judge advocate, recommends whether to proceed with court-martial, disenrollment or the dismissal of charges, said Col. Craig Smith, chief of the Air Force military justice division. In the academy cases, the final decision rests with the superintendent. Brig. Gen. John Weida is serving as interim superintendent until Maj. Gen. John Rosa arrives at the end of the month. Previous Stories:
- May 7, 2003: Academy Holds First Hearing In Sex Assault Case Since Scandal
- May 1, 2003: 7NEWS Investigates: AFA Cadet Operating Sex Sites On Campus
- April 30, 2003: AFA Report Doesn't Blame Leaders, But Procedures
- April 28, 2003: AFA Professor Targeted For Approving Sexually Explicit Skit
- April 24, 2003: Bush Won't Address AFA Graduating Class
- April 23, 2003: Second AFA Cadet Case Now Headed For Hearing
- April 18, 2003: Victims Not In Hurry To Talk To Air Force Investigators
- April 16, 2003: Congressman Draws Fire For Change In AFA Amendment
- April 14, 2003: Congress Approves Independent Investigation Of AFA
- April 14, 2003: Future Cadets Attend Orientation At Air Force Academy
- April 10, 2003: New Command Takes Over At Air Force Academy
- April 9, 2003: AFA Cadets May Face Sex Assault Charges
- April 7, 2003: New Female Air Force Academy Leaders Begin Arriving
- April 3, 2003: Senators Approve Independent Inquiry Into AFA Rapes
- April 1, 2003: Senators Blast Air Force Leaders For Not Holding Anyone Accountable
- March 28, 2003: 7NEWS Investigates: AFA Assault Problems Documented For Years
- March 28, 2003: Senior Female AFA Officer To Watch Over Sex Assault Cases
- March 27, 2003: Top AFA Leaders To Be Replaced
- March 26, 2003: Sweeping Changes Proposed At Air Force Academy
- March 24, 2003: Senators Call For Leadership Change At Air Force Academy
- March 21, 2003: More Changes Proposed At Air Force Academy
- March 19, 2003: Report: Top Air Force Academy Officials To Leave
- March 18, 2003: Third Team To Investigate Air Force Academy Rape Scandal
- March 14, 2003: Air Force Has Not Court-Martialed For Cadet-On-Cadet Assaults
- March 12, 2003: Both Teams Of Investigators Now At AFA
- March 11, 2003: Report: Academy Cadets To Be Separated
- March 10, 2003: Bush 'Concerned' About AFA Rape Allegations
- March 10, 2003: Air Force Chief Of Staff: Female Cadets Are Safe Here
- March 6, 2003: Air Force Secretary: 54 Cases Of Rape, Assault, At AFA
- March 6, 2003: Top AFA Officers Must Go, Tancredo Says
- March 5, 2003: Air Force Investigative Team Returns To Springs
- March 4, 2003: Allard Hopes Air Force Investigation Not Just PR Move
- March 1, 2003: Air Force Family Betrayed After Daughter's Rape
- February 28, 2003: More AFA Victims Come Forward As Roche Speaks To Cadets
- February 27, 2003: Secretary Of Air Force Promises Change At AFA
- February 26, 2003: Senators, Chairman Call For Independent AFA Rape Investigation
- February 25, 2003: 3 Senators Ask For Independent Investigation Of AFA Rapes
- February 24, 2003: Air Force Opens Phone Line For Academy Rape Victims
- February 21, 2003: Allard May Ask For Senate Hearing Into AFA Rape Case
- February 20, 2003: 7NEWS Investigates: Air Force Academy's Amnesty Clause
- February 18, 2003: Academy Superintendent Responds To 7NEWS' Rape Investigation
- February 17, 2003: 7NEWS Investigates: Victims Of Academy Rapes Speak Up, Punished
- February 14, 2003: 7NEWS Investigates: Rape Victims At Air Force Academy Afraid To Report
- February 13, 2003: 7NEWS Investigates: Honor, Code, Betrayal At Air Force Academy
- February 11, 2003: 7NEWS Investigates Alleged Rapes At Air Force Academy
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