United States v. Lawrence

19 M.J. 609, 1984 CMR LEXIS 3445
CourtU.S. Army Court of Military Review
DecidedOctober 25, 1984
DocketCM 443754
StatusPublished
Cited by2 cases

This text of 19 M.J. 609 (United States v. Lawrence) is published on Counsel Stack Legal Research, covering U.S. Army Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lawrence, 19 M.J. 609, 1984 CMR LEXIS 3445 (usarmymilrev 1984).

Opinion

OPINION OF THE COURT

SUTER, Chief Judge:

Contrary to his pleas, the appellant was convicted by a general court-martial composed of officer and enlisted members of attempted rape in violation of Article 80, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 880 (1976). He was sentenced to a dishonorable discharge, confinement at hard labor for eight years, forfeiture of all pay for eight years, and reduction to the lowest enlisted grade. The convening authority approved the sentence.

The appellant assigns three errors, two of which concern military awards approved and presented by Major General (MG) John R. Galvin, the commander of the 24th Infantry Division (Mechanized) and Fort Stewart, Georgia, to four servicemembers who were involved in the appellant’s apprehension and testified for the prosecution at appellant’s trial. The third error alleges that the evidence was insufficient because the government failed to disprove the defense of intoxication.

The facts are relatively free of dispute. On the afternoon of 31 July 1982, appellant and his roommate visited several pawn shops near Fort Stewart to look for items to purchase. The two soldiers went to an establishment known as Military TV and Stereo which, in a grand opening, was sponsoring an outdoor waterbed wrestling contest among women attired in bathing suits and T-shirts. They joined the crowd, watched the contest, and each drank four or more cups of beer that were selling for a penny each.

At one point, the soldiers left the event and purchased a quart of rum and a fifth of tequila. Upon returning to Military TV and Stereo, they continued to watch the festivities for about three hours. By about 1730 hours, the appellant and another individual had consumed about two-thirds of the rum.

At about the same time, Mrs. Glenda Hargett and her husband, Private First Class (PFC) David Hargett, had an argument in their apartment not far from Military TV and Stereo. She complained that he neglected their six-month-old baby and at one point he pushed her. Eventually, [465]*465PFC Hargett left the apartment to shop and regain his temper. At about 1800 hours, the sixteen-year-old Mrs. Hargett, wearing purple shorts and a tank top, carrying her baby and a diaper bag, left the apartment in search of her husband. She eventually reached Military TV and Stereo.

While Mrs. Hargett was waiting to speak with a friend, the appellant, a stranger to her, approached her and began to talk about his wife and children and showed her pictures of his children. Soon thereafter, she left the store and began walking toward Fort Stewart and her home. Appellant followed Mrs. Hargett, caught up with her, and asked if he could walk with her. She consented.

About half way across a field located on Fort Stewart, appellant produced a knife and placed it against Mrs. Hargett’s neck. He pulled down her tank top, pushed her, and told her to move to a wooded area. Saying that his wife did not satisfy him, he kneeled over her prone body, removed her shorts and panties and pulled his pants down. He told her that if she would go along with him he would not kill her or her baby. Appellant sucked on Mrs. Hargett’s breasts and told her to orally stimulate his penis. She refused. When her baby began to cry, appellant told her that he would kill the baby if she did not quiet her. Mrs. Hargett then struck appellant and he responded by striking her several times, choking and biting her, and pulling her hair. He attempted, without her consent, to insert his penis into her vagina but was unable to do so. She then asked appellant if he would let her sit up to quiet her baby. He consented. After she began comforting the baby, appellant told her to fondle his genitals. She refused. He then lay on his back and told her to sit on him. Still holding her child, the naked Mrs. Hargett got up and sat on appellant’s knees.

Meanwhile, Mrs. Dawn Graber was walking near the wooded area and saw appellant and Mrs. Hargett. She ran home and told her husband, PFC Mark Graber, that she thought someone was being raped. He told her to tell PFC Gregory Deck, who had been working on a car with him, where he was going and he ran toward the wooded area. When - both soldiers reached the scene, Mrs. Hargett screamed rape and appellant attempted to flee. PFC Graber and PFC Deck apprehended the appellant and held him at knifepoint.

Meanwhile, two off-duty military police, Sergeant (SGT) Gregory Brammer and Private (PY2) Torrin Ford, were driving past the scene. They noticed PFC Graber and PFC Deck running and saw a naked woman standing nearby. They stopped to render assistance. PV2 Ford tended to Mrs. Hargett, who was nearly hysterical, and was told by her that the appellant tried to rape her. SGT Brammer ran to the location where PFC Graber and PFC Deck were holding the appellant and took custody of him. The appellant complained that they were off post and that civilian police should have jurisdiction. SGT Brammer warned appellant that anything he said could be used as evidence in a criminal trial. He searched appellant and found a large knife in his pocket.

A few days later, the Provost Marshal, Colonel (COL) David W. Humbert, decided that the four soldiers deserved recognition for their roles in preventing further harm to Mrs. Hargett and apprehending the appellant. He directed his operations officer to seek legal advice concerning the propriety of recognizing the soldiers prior to appellant’s trial. The trial counsel in this case told the operations officer that there was no legal objection to decorating the soldiers but such action should not occur until after the trial. On 5 August 1984, COL Humbert recommended that each of the four soldiers receive the Army Achievement Medal for their crime prevention role. On 12 August, MG Galvin, the 24th Infantry Division (Mechanized) and Fort Stewart commander, approved the awards in accordance with regulations. He personally presented the awards to SGT Brammer, PFC Graber, PFC Deck, and PV2 Ford on 9 September. The event was not publicized [466]*466and the ceremony was apparently a private one conducted in MG Galvin’s office.

An attempted rape charge was preferred against appellant on 2 August and eventually it was referred to a general court-martial on 18 August by Brigadier General (BG) Douglas Smith, the acting commander of the 24th Infantry Division (Mechanized) and Fort Stewart. MG Galvin subsequently substituted court members and added a court member. Appellant’s trial was conducted on 2 and 3 November. Each of the soldiers who received the medals testified for the prosecution.

The trial counsel learned of the award ceremony during the first half of September. He did not disclose the information to defense counsel because he did not consider the presentation of awards to be a factor bearing on a fair determination of appellant’s guilt or innocence.

The military judge gave the members a proper preliminary instruction concerning their court-martial duties. Defense counsel, during his subsequent voir dire examination of the court members, read the names of all potential witnesses in the case and asked the members if they knew any of them. The list included the four soldiers who received the medals. The members responded negatively.

After the court-martial, but before service of the post-trial review, the trial counsel approached the defense counsel and told him about the awards ceremony.

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Cite This Page — Counsel Stack

Bluebook (online)
19 M.J. 609, 1984 CMR LEXIS 3445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lawrence-usarmymilrev-1984.