Attorneys wrap up Naval Academy sexual assault hearing

WASHINGTON A female U.S. Naval Academy student was highly intoxicated on the night last year when she was allegedly sexually assaulted by three midshipmen, a military prosecutor said Tuesday night as he urged an officer to move forward with a court-martial of the men.

But defense attorneys said the woman lied repeatedly about her actions during and after an off-campus party in 2012, and that there was no evidence of a forcible sexual assault.

The woman spent five days testifying during the proceeding, known as an Article 32 hearing. She has said she drank heavily and has no memory of having sex with the midshipmen, but became concerned after hearing gossip shortly after the party that she had had sex with multiple people. The Associated Press generally doesn't name those who authorities say were victims of sexual assault.

Lt. Cmdr. Phil Hammond, a prosecutor, said in his closing argument Tuesday that the woman was "substantially incapacitated" from drinking too much alcohol.

Andrew Weinstein, who is representing Midshipman Tra'ves Bush, said the woman had lied repeatedly. He also said no one at the party saw her passed out or acting as intoxicated as she claimed.

"Blackout is a function of memory," Weinstein said. "It is not an attribute of capacity."

Weinstein said the three former Navy football players — Bush and Midshipmen Eric Graham and Josh Tate — never should have been charged.

"She has no credibility," he said.

Lt. Cmdr. Angela Tang, who is representing Graham, said there was no evidence anyone used force.

"Drunk sex is not sexual assault," she said.

The hearing was wrapping up Tuesday night, a week after it began. Following closing arguments, the presiding investigative officer will review evidence and make a recommendation to the academy's superintendent. Such reviews generally take days or weeks to complete.

Tate, Graham and Bush declined to speak in court Tuesday when asked by the investigative officer. Graham has been charged with abusive sexual contact, while Bush and Tate have been charged with aggravated sexual assault. All three also are charged with making a false statement.

The case has drawn attention as the White House, Congress and the Pentagon have been focusing on the issue of sexual assault after a string of cases in the military this year. President Barack Obama highlighted the importance of the issue at the Naval Academy's graduation ceremony in May.

Earlier Tuesday, an investigator testified that the alleged victim said in an interview that she couldn't remember whether sexual encounters with the men charged in the case were consensual or not.

Speaking from Bahrain by video teleconference, Special Agent Michelle Robinson testified that the woman told her in an interview that she wasn't sure whether she had consented to the encounters.

Robinson also testified that Graham told her he had oral sex with the woman in a car outside the party. Graham made the statement in an interview during the investigation.

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Attorneys wrap up Naval Academy sexual assault hearing

WASHINGTON A female U.S. Naval Academy student was highly intoxicated on the night last year when she was allegedly sexually assaulted by three midshipmen, a military prosecutor said Tuesday night as he urged an officer to move forward with a court-martial of the men.

But defense attorneys said the woman lied repeatedly about her actions during and after an off-campus party in 2012, and that there was no evidence of a forcible sexual assault.

The woman spent five days testifying during the proceeding, known as an Article 32 hearing. She has said she drank heavily and has no memory of having sex with the midshipmen, but became concerned after hearing gossip shortly after the party that she had had sex with multiple people. The Associated Press generally doesn't name those who authorities say were victims of sexual assault.

Lt. Cmdr. Phil Hammond, a prosecutor, said in his closing argument Tuesday that the woman was "substantially incapacitated" from drinking too much alcohol.

Andrew Weinstein, who is representing Midshipman Tra'ves Bush, said the woman had lied repeatedly. He also said no one at the party saw her passed out or acting as intoxicated as she claimed.

"Blackout is a function of memory," Weinstein said. "It is not an attribute of capacity."

Weinstein said the three former Navy football players — Bush and Midshipmen Eric Graham and Josh Tate — never should have been charged.

"She has no credibility," he said.

Lt. Cmdr. Angela Tang, who is representing Graham, said there was no evidence anyone used force.

"Drunk sex is not sexual assault," she said.

The hearing was wrapping up Tuesday night, a week after it began. Following closing arguments, the presiding investigative officer will review evidence and make a recommendation to the academy's superintendent. Such reviews generally take days or weeks to complete.

Tate, Graham and Bush declined to speak in court Tuesday when asked by the investigative officer. Graham has been charged with abusive sexual contact, while Bush and Tate have been charged with aggravated sexual assault. All three also are charged with making a false statement.

The case has drawn attention as the White House, Congress and the Pentagon have been focusing on the issue of sexual assault after a string of cases in the military this year. President Barack Obama highlighted the importance of the issue at the Naval Academy's graduation ceremony in May.

Earlier Tuesday, an investigator testified that the alleged victim said in an interview that she couldn't remember whether sexual encounters with the men charged in the case were consensual or not.

Speaking from Bahrain by video teleconference, Special Agent Michelle Robinson testified that the woman told her in an interview that she wasn't sure whether she had consented to the encounters.

Robinson also testified that Graham told her he had oral sex with the woman in a car outside the party. Graham made the statement in an interview during the investigation.

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Midshipman testifies in Naval Academy sexual assault case

WASHINGTON A midshipman testified Wednesday that she didn't remember being sexually assaulted by three former Navy football players after a night of heavy drinking, but she said one of the men told her she had sex with him and another accused player.

The woman, who is now a senior at the U.S. Naval Academy, testified for more than two hours at the Washington Navy Yard at a hearing to determine whether the three midshipmen will face court-martial. She described a night of drinking in her room at the academy with a friend before going to the toga-themed party in April 2012 at an off-campus house in Annapolis, Md.

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At the crowded party, which took place in what was known as "the football house" because of its association to the team, the woman said she felt "overwhelmed" and "dizzy" from drinking too much.

"I felt like I was going to pass out," she said, noting that she leaned against structural beams in the basement to keep from falling over.

Midshipmen Josh Tate, Eric Graham and Tra'ves Bush are accused of sexually assaulting her.

The woman said she spent the night at the house and woke up the next morning without her phone or purse.

"I was really confused, and I noticed my back was really sore," she said.

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She also testified that she had consensual sex that Sunday morning with a student at the house who has not been charged.

The woman described feeling troubled by not remembering what happened and asked Tate, who had initially invited her to the party, to come to her room to see what he knew.

The woman also noticed "lewd comments" on Twitter that seemed directed at her and tagged to people she had slept with in the past. She also testified that rumors had spread rapidly that she had had sex with multiple partners at the party.

When Tate came to her room, she testified that he joked about her not remembering and suggested he refresh her memory.

"He told me that we did have sex," she said.

The woman also said she asked Tate if she had had sex with Graham.

"He said yes, and then I was like, `I don't want to hear anymore,"' she said.

The woman also described being reluctant to seek an investigation at first.

"Mainly, I was scared," she said. "I didn't want to anyone else to get in trouble."

She also said she feared her mother would find out and force her to leave the academy.

The woman said she decided to cooperate after hearing rumors that other people, specifically underclassmen, could be blamed.

Her cooperation with Navy investigators included wiretaps.

On cross-examination, Andrew Weinstein, Bush's attorney, noted that the woman had had a previous sexual relationship with Bush. When asked by Weinstein whether she had ever considered him capable of rape, she said, "I don't think that he would."

She also said, "He wasn't mean to me by any means," during their previous sexual relationship.

The female midshipman also testified that she didn't remember whether she had sex with Bush that night. Weinstein noted that it was Bush who told her he had told Navy investigators that the two had had sex.

Cross-examination was continuing into Wednesday night.

The case has drawn attention as the White House, Congress and the Pentagon have been focusing on the issue of sexual assault after a string of cases in the military this year.

View the original article here

Midshipman testifies in Naval Academy sexual assault case

WASHINGTON A midshipman testified Wednesday that she didn't remember being sexually assaulted by three former Navy football players after a night of heavy drinking, but she said one of the men told her she had sex with him and another accused player.

The woman, who is now a senior at the U.S. Naval Academy, testified for more than two hours at the Washington Navy Yard at a hearing to determine whether the three midshipmen will face court-martial. She described a night of drinking in her room at the academy with a friend before going to the toga-themed party in April 2012 at an off-campus house in Annapolis, Md.

Play Video

At the crowded party, which took place in what was known as "the football house" because of its association to the team, the woman said she felt "overwhelmed" and "dizzy" from drinking too much.

"I felt like I was going to pass out," she said, noting that she leaned against structural beams in the basement to keep from falling over.

Midshipmen Josh Tate, Eric Graham and Tra'ves Bush are accused of sexually assaulting her.

The woman said she spent the night at the house and woke up the next morning without her phone or purse.

"I was really confused, and I noticed my back was really sore," she said.

Play Video

Play Video

Play Video

She also testified that she had consensual sex that Sunday morning with a student at the house who has not been charged.

The woman described feeling troubled by not remembering what happened and asked Tate, who had initially invited her to the party, to come to her room to see what he knew.

The woman also noticed "lewd comments" on Twitter that seemed directed at her and tagged to people she had slept with in the past. She also testified that rumors had spread rapidly that she had had sex with multiple partners at the party.

When Tate came to her room, she testified that he joked about her not remembering and suggested he refresh her memory.

"He told me that we did have sex," she said.

The woman also said she asked Tate if she had had sex with Graham.

"He said yes, and then I was like, `I don't want to hear anymore,"' she said.

The woman also described being reluctant to seek an investigation at first.

"Mainly, I was scared," she said. "I didn't want to anyone else to get in trouble."

She also said she feared her mother would find out and force her to leave the academy.

The woman said she decided to cooperate after hearing rumors that other people, specifically underclassmen, could be blamed.

Her cooperation with Navy investigators included wiretaps.

On cross-examination, Andrew Weinstein, Bush's attorney, noted that the woman had had a previous sexual relationship with Bush. When asked by Weinstein whether she had ever considered him capable of rape, she said, "I don't think that he would."

She also said, "He wasn't mean to me by any means," during their previous sexual relationship.

The female midshipman also testified that she didn't remember whether she had sex with Bush that night. Weinstein noted that it was Bush who told her he had told Navy investigators that the two had had sex.

Cross-examination was continuing into Wednesday night.

The case has drawn attention as the White House, Congress and the Pentagon have been focusing on the issue of sexual assault after a string of cases in the military this year.

View the original article here

Midshipman testifies in Naval Academy sexual assault case

WASHINGTON A midshipman testified Wednesday that she didn't remember being sexually assaulted by three former Navy football players after a night of heavy drinking, but she said one of the men told her she had sex with him and another accused player.

The woman, who is now a senior at the U.S. Naval Academy, testified for more than two hours at the Washington Navy Yard at a hearing to determine whether the three midshipmen will face court-martial. She described a night of drinking in her room at the academy with a friend before going to the toga-themed party in April 2012 at an off-campus house in Annapolis, Md.

Play Video

At the crowded party, which took place in what was known as "the football house" because of its association to the team, the woman said she felt "overwhelmed" and "dizzy" from drinking too much.

"I felt like I was going to pass out," she said, noting that she leaned against structural beams in the basement to keep from falling over.

Midshipmen Josh Tate, Eric Graham and Tra'ves Bush are accused of sexually assaulting her.

The woman said she spent the night at the house and woke up the next morning without her phone or purse.

"I was really confused, and I noticed my back was really sore," she said.

Play Video

Play Video

Play Video

She also testified that she had consensual sex that Sunday morning with a student at the house who has not been charged.

The woman described feeling troubled by not remembering what happened and asked Tate, who had initially invited her to the party, to come to her room to see what he knew.

The woman also noticed "lewd comments" on Twitter that seemed directed at her and tagged to people she had slept with in the past. She also testified that rumors had spread rapidly that she had had sex with multiple partners at the party.

When Tate came to her room, she testified that he joked about her not remembering and suggested he refresh her memory.

"He told me that we did have sex," she said.

The woman also said she asked Tate if she had had sex with Graham.

"He said yes, and then I was like, `I don't want to hear anymore,"' she said.

The woman also described being reluctant to seek an investigation at first.

"Mainly, I was scared," she said. "I didn't want to anyone else to get in trouble."

She also said she feared her mother would find out and force her to leave the academy.

The woman said she decided to cooperate after hearing rumors that other people, specifically underclassmen, could be blamed.

Her cooperation with Navy investigators included wiretaps.

On cross-examination, Andrew Weinstein, Bush's attorney, noted that the woman had had a previous sexual relationship with Bush. When asked by Weinstein whether she had ever considered him capable of rape, she said, "I don't think that he would."

She also said, "He wasn't mean to me by any means," during their previous sexual relationship.

The female midshipman also testified that she didn't remember whether she had sex with Bush that night. Weinstein noted that it was Bush who told her he had told Navy investigators that the two had had sex.

Cross-examination was continuing into Wednesday night.

The case has drawn attention as the White House, Congress and the Pentagon have been focusing on the issue of sexual assault after a string of cases in the military this year.

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Bradley Beach man charged with sexual assault

BRADLEY BEACH — A 46-year-old borough man has been charged with sexually assaulting a woman in a residence who was asking for train money, authorities said.

Al-Jihad Muhammed has been charged with sexual assault, Deputy First Assistant Prosecutor Kevin Clark said. Muhammed is being held in Monmouth County Jail in Freehold in lieu of $200,000 bail.

The assault is believed to have happened after the victim made the request for train money, Clark said. After the request, the attacker forced the woman to have sex with him. The victim and her attacker were acquaintances, Clark said.

The Asbury Park Press asked the Monmouth County Prosecutor?s Office for a photo of the suspect, but they refused. State law allows authorities discretion in releasing suspect photos, but they often refuse to do so, saying they are prohibited by the Monmouth County Prosecutor?s Office.

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