2008 Woodie Awards
Student appeals sexual misconduct case
Cadet 'fights for freedom' after 2006 acquittal
Carlisle Weaver
Issue date: 1/29/08 Section: Other News
Lawyers for UST student Webster Smith asked an appeals court on Jan. 16 to reverse his pending conviction for sexual misconduct. The three-judge panel from the U.S. Coast Guard Court of Criminal Appeals has not yet indicated when it will rule on the appeal. Although Smith was found guilty, he has not been formally convicted of any charges.
Smith, UST senior and former cadet at the Coast Guard Academy, was acquitted of rape charges in a 2006 court-martial but still faces a potential conviction for extortion, sodomy and indecent assault. He was also charged with failing to obey an order and abandoning watch. Smith's defense team asked the court to overturn the two lesser charges, as well.
Unlike civilian trials, a court-martial is not complete until a military court has approved the findings of a convening authority, upon appeal. In other words, Smith's case remains open until his appeal is either overturned or upheld, according to the cadet's attorney, Ronald Machen.
Machen said he cannot discuss the case fully because of the pending appeal. "The process is ongoing and we think we have some strong arguments in our appeal," he said.
After a military jury found Smith guilty of sexual misconduct, he was dismissed from the academy he attended in New London, Conn. and sentenced to six months in jail at a military prison in Charleston, S.C. However, the cadet was released early for good behavior, serving four months and 20 days, according to press coverage.
Smith was the first student to be court martialed in the academy's 130-year history. He was accused of rape, sodomy, extortion and assault by a former girlfriend and three other female cadets.
Smith took the stand in his own defense during his court-martial. He pleaded not guilty to all charges, testifying that three of the encounters with his accusers were consensual and one never occurred.
"I am proud of my decision to fight for my career and my freedom," Smith stated during the trial. Under instructions from his attorney, the cadet said he is currently unable to comment on the case or pending appeal.
Smith, UST senior and former cadet at the Coast Guard Academy, was acquitted of rape charges in a 2006 court-martial but still faces a potential conviction for extortion, sodomy and indecent assault. He was also charged with failing to obey an order and abandoning watch. Smith's defense team asked the court to overturn the two lesser charges, as well.
Unlike civilian trials, a court-martial is not complete until a military court has approved the findings of a convening authority, upon appeal. In other words, Smith's case remains open until his appeal is either overturned or upheld, according to the cadet's attorney, Ronald Machen.
Machen said he cannot discuss the case fully because of the pending appeal. "The process is ongoing and we think we have some strong arguments in our appeal," he said.
After a military jury found Smith guilty of sexual misconduct, he was dismissed from the academy he attended in New London, Conn. and sentenced to six months in jail at a military prison in Charleston, S.C. However, the cadet was released early for good behavior, serving four months and 20 days, according to press coverage.
Smith was the first student to be court martialed in the academy's 130-year history. He was accused of rape, sodomy, extortion and assault by a former girlfriend and three other female cadets.
Smith took the stand in his own defense during his court-martial. He pleaded not guilty to all charges, testifying that three of the encounters with his accusers were consensual and one never occurred.
"I am proud of my decision to fight for my career and my freedom," Smith stated during the trial. Under instructions from his attorney, the cadet said he is currently unable to comment on the case or pending appeal.