The Colorado Springs Gazette reports that Colonel Eugene Marcus Caughey and his lawyers think that the charges the Air Force has leveled at him for engaging in extramarital sex discriminate against heterosexuals.
Maj. Keith Meister, one of three attorneys defending Caughey, told Air Force judge Col. Wes Moore that the military’s definition of adultery as sex between a man and a woman hasn’t keep place with its definition of marriage, which now includes same-sex couples. That’s because the military’s adultery law requires “sexual intercourse” as an element of guilt, which the Pentagon defines as an act between a man and a woman.
“A homosexual man or woman couldn’t commit adultery as defined,” Meister argued.
Caughey’s defense team maintains that because gay people get a pass, the charges violate the colonel’s rights under the 14th Amendment, which mandates equal protection under law.
The article points out that the adultery charges are the least of his problems, since he still faces charges of 2 counts of rape, violating orders, and conduct unbecoming an officer, for sending Wiener-grade selfies while in uniform and from behind his desk.
For some reason, the phrase “grasping at straws” just came to mind.
He was grasping at something other than straws apparently.
Grasping at straws…Oh, yea, now I get it!
BWAHAHAHAHA!!!
Well, there are indeed two different interpretations that might well be apropos. (smile)
I thought that this guy offed himself back in September 2016.
‘Air Force colonel, facing court-martial for rape, found dead’
https://www.washingtonpost.com/news/checkpoint/wp/2016/09/26/air-force-colonel-facing-court-martial-for-rape-found-dead/
‘An Air Force colonel facing court-martial next month on multiple counts of sexual assault was found dead Sunday at his Colorado home in a reported suicide, according to the Air Force and local police officials.
Col. Eugene Marcus Caughey, formerly the vice commander of the 51st Space Wing at Schriever Air Force Base, had been charged with rape, assault, adultery and other crimes. His court-martial was scheduled to begin Oct. 17 in what would have been a rare instance of the military placing a senior officer on trial for sexual assault.
Officials at Peterson Air Force Base said Caughey, 46, was found dead at his off-base residence in Colorado Springs. Sgt. Tim Stankey, a spokesman for the Colorado Springs police, said officers responded to a reported suicide at Caughey’s home about 12:30 a.m. Sunday. He said an autopsy and a determination of the cause of death are pending, but added: “We are suspecting no foul play at this time.”
Caughey’s attorney, Ryan Coward, declined to comment on the circumstances surrounding the colonel’s death. “This is very unfortunate for an officer that served our nation honorably for over 20 years,” Coward said in an email. “His family is grieving and asks that folks respect their privacy during this tough time.”
According to charging documents filed by the Air Force in December, Caughey raped one woman as he held her against the wall and floor, groped women on two other occasions, and violated an order from a two-star general to stay away from another victim.
The married colonel also was charged with six counts of adultery — a crime in the military — for allegedly having consensual sex with four other women, according to the documents.
Caughey’s defense team generated headlines in June when they sought to toss out the adultery charges, arguing that the military’s prohibition on extramarital affairs discriminates against heterosexuals. Under military law, adultery is defined as sexual intercourse between a man and woman who are not married to each other. According to Caughey’s attorneys, the provision does not apply to same-sex couples.’
Yeah, that’s what I get for not checking the dates of articles people send me. The one I wrote about was dated June.
Go easy on yourself, Jonn. The folks who send you stuff should be the ones checking not only the date of the article, but also it’s validity.
Soldier on brother.
Exactly. The coward took his own life instead of facing the charges, accepting the consequences (or proving his innocence), and moving on with his life. Leaving his family to pick up the pieces. I’m just hoping this isn’t the new norm for our esteemed senior leaders.
But think of how much money in pensions we will be saving if they did!
You know, his lawyer does have a point though. It will be interesting to see if this is adressed even though the Col offed himself.
Defense attorneys get paid the big bucks to come up with “creative” defenses. “Not guilty” does not equal “Innocent”.
With the man dead, the issue becomes moot.
Courts almost always decline to address moot issues. If it’s addressed, it will be by Congress changing the UCMJ.
I bet they still find him not guilty and dismiss all the charges against him and he’s completely exonerated.
https://www.youtube.com/watch?v=rX7wtNOkuHo
“Exonerated” overstates the case, I think – but it’s true that his status will forever remain that he was never convicted of anything he was accused of. By offing himself before he was ever tried, he probably preserved a lot of valuable benefits for his family (if he had one).
Even if he’d been tried and convicted, but died while his appeal was still pending, all charges against him would have been dismissed, as his convictions would not have been considered final.
It is possible, however, that he may be determined ineligible to be buried in any National Cemetery or US Military Cemetery.
https://www.law.cornell.edu/uscode/text/38/2411
Interesting question, Hondo. As far as I know, in the UCMJ rape still carries a maximum penalty of death; however, after Coker v. Georgia and Kennedy V. Louisiana, the death penalty for rape under the UCMJ is almost certainly unconstitutional. It’s true that SCOTUS has never explicitly ruled on the UCMJ’s penalty, so it’s theoretically possible that they could come to a different result if faced squarely with this issue; but if the VA were to ask for my opinion, I’d say that the door has been closed.
Don’t think it matters if it’s a capital crime or not. Tier III sex offenders are also banned, and I’m reasonably sure rape qualifies as a Tier III sex offense.
The difference is that the sex offense conviction has to be final. If he commits a capital offense he can still be disqualified if he dies prior to a final conviction .
True. On rereading it, the law does seem to require a Tier III sex offender to (1) be sentenced to life, (2) the sentence be final, and (3) the sentence not have been commuted by appropriate authority.
Why Congress left the death/flight loophole open for violent sex offenders and closed it for murderers is IMO a damn good question. I certainly don’t see the logic in barring one but not the other if they happen to die or succeed in fleeing before conviction.
Let me see if I understand this: the colonel dropped trow and sent out pix of his nether regions, fooled around, got caught, sexually battered someone*, and tried to get out of it using logic, and then whacked himself?
You really can’t make this stuff up, can you.
Geez loueezzz!
*Battery is illegal physical contact, such as punching someone. Rape is falls into that category as sexual battery.
This came to mind, “Sir knight? I have just pissed in my pants…..and nobody can do anything about it.”
shu-mani-tu-Tonka owachi
“You know who” will probably read this discussion thread and blame TAH for the Colonels self murdering himself.
Fahk’heem.
Zika-Commie is still trying to figure out supply side economics.
Don’t fear the commie!
I assume he is now sucking cock down below.
During most of my career, certainly the latter half, adultery wasn’t pursued except as a pile on charge associated with other crimes. A personal exception when I was a CO, I had a smug little shit who had an affair with one of his close buddy’s/co-worker’s wife which created chaos in the work center…according to my JAG, I couldn’t nail him on adultery because he wouldn’t cop to sexual intercourse but he did admit to oral…my XO thought we should get him on sodomy (good old article 125) so I NJPed him for that…it held on appeal…
One of the old barracks rumors I heard back in the day was that if someone was ever busted for adultery, they’d try to get one of the parties to admit to oral so they could get them on sodomy, too.
1610 gives the similar experience I have seen.
The Army honestly doesn’t care about your adultery unless it is a “mission distractor” and/or you are fucking someone in uniform you shouldn’t be. But, when you get in trouble for something, SJA’s are happy to throw on any and every other bad thing you’ve done to make a bigger case against you.
I know of an O-5 who’s getting ringed up and relived for cause because he was banging a subordinate, but is also married and he’ll be getting that added along with it, regardless of if his wife cares or not.
Same as when I’ve had gay and lesbian troops working for me before they were allowed to be open about it. If they did their job, good deal. I only cared that they were competent and earned their paycheck.
Didn’t this guy shoot himself or something ???
Should have read all of the post Opps my bad