{"id":107195,"date":"2020-11-13T14:08:27","date_gmt":"2020-11-13T19:08:27","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=107195"},"modified":"2020-11-13T14:18:53","modified_gmt":"2020-11-13T19:18:53","slug":"low-life-update-grazioplene","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=107195","title":{"rendered":"Low-Life Update: Grazioplene"},"content":{"rendered":"

Prior to his death, Jonn wrote a couple of TAH articles about this . . . individual.\u00a0 You can read his first article here<\/a><\/em>, and his second article here<\/a><\/em>.<\/p>\n

Unfortunately, after Jonn passed the storyline appears to have gone adrift.\u00a0 But I ran across some info on the matter the other day; here\u2019s an update.\u00a0 Fair warning:\u00a0 some of the links contain material you might find disturbing. I wouldn’t recommend reading them shortly before or after eating.<\/p>\n

As Jonn noted in his second story, Grazioplene was recalled to active duty to stand trial for raping a minor a minimum of six times over a 6 year period \u2013 from 1983 to 1989.\u00a0 And now, as the old spoken song intro goes<\/a><\/em>:\u00a0 \u201cGood day!\u00a0 I have good news, und I have bad news.\u201d<\/p>\n

As Jonn notes, Grazioplene was recalled to active duty for trial.\u00a0 The first 3 counts against him were dismissed due to statute of limitations issues.\u00a0 Why that happened is a bit complicated, but I\u2019ll summarize:\u00a0 prior to 1986, under the UCMJ rape had a 3-year statute of limitations.\u00a0 A UCMJ change in 1986 eliminated the statute of limitations for rape and other UCMJ offenses \u201cpunishable by death\u201d.\u00a0 However, the first three crimes were apparently committed prior to that UCMJ change becoming effective and were thus dismissed.<\/p>\n

Grazioplene was to be tried via general court martial in spring 2018 on the remaining three counts.\u00a0 Unfortunatly, in February 2018 the Court of Appeals for the Armed Forces (CAAF) decided the case US v. Mangahas<\/a><\/em>.\u00a0 In that case, the CAAF held that previous SCOTUS decisions (Coker v. Georgia and Kennedy v. Louisiana) meant that the UCMJ extension of the statute of limitations to the crime of rape was invalid and that the UCMJ\u2019s general 5-year statute of limitations should be applied to the crime of rape instead.\u00a0 Due to this CAAF decison the remaining 3 UCMJ counts against Grazioplene were also dismissed in March 2018<\/a><\/em>.<\/p>\n

Sidebar<\/u>:\u00a0 The government has appealed the CAAF rationale in the Mangahas decision in US v. Briggs (a consolidation of Briggs and 2 other cases that resulted in rape convictions being overturned via Mangahas).\u00a0 Oral arguments before the SCOTUS were held on 13 October 2020<\/i><\/a>.<\/p><\/blockquote>\n

So, that\u2019s it?\u00a0 Another case of \u201clow-life runs out the clock, wins?\u201d<\/p>\n

Well, yes.\u00a0 And no.<\/p>\n

You see, three of the crimes for which Grazioplene was charged occurred in Woodbridge, VA.\u00a0 That means they\u2019re also subject to prosecution as crimes under Virginia state<\/em> law.<\/p>\n

Rape is indeed against state law in Virigina.\u00a0 Moreover, Virginia has no statute of limitations on rape \u2013 and didn\u2019t back in the 1980s, either.<\/p>\n

Grazioplene was charged<\/a><\/em> in Prince William County, VA, with three counts of rape in December 2018; bail was denied.\u00a0 After being held in custody for roughly 18 months, in May of this year Grazioplene pleaded guilty to those three counts of child rape<\/a><\/em>.<\/p>\n

Score one for justice, at least partially.<\/p>\n

Due to a plea bargain (which may have been coordinated with his victim; statements by her attorney seem to indicate she\u2019s OK with the sentence), he was sentenced to time served plus 20 years probation.\u00a0 At age 70, that\u2019s virtually certainly lifetime probation. Plus, he’s now a felon and required to register as a sex offender, both of which will put an additional \u201ccrimp in his style\u201d.<\/p>\n

It\u2019s also possible the Army could hold a grade determination board and severely reduce him in retired rank (and thus in retired pay).\u00a0 So he has that to worry about, too.<\/p>\n

And if the SCOTUS reduces the CAAF\u2019s Mangahas decision, in theory he could end up back on active duty again facing court-martial.<\/p>\n

Hope you \u201cenjoy\u201d your new status as a felon and sex-offender, Grazioplene.\u00a0 IMO you didn’t get what you really deserve, but the SCOTUS has said you can\u2019t get that.<\/p>\n

—–<\/p>\n

Author’s Note<\/u>:\u00a0 hat-tip to the TAH commenter (ninja?) who posted a link to the story about Grazioplene’s conviction in Virginia in comments a few days ago.\u00a0 That led me to “pull the thread” and write this update.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Prior to his death, Jonn wrote a couple of TAH articles about this . . . … Low-Life Update: Grazioplene<\/span>Read more<\/a><\/p>\n","protected":false},"author":623,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[185,15,155],"tags":[],"class_list":["post-107195","post","type-post","status-publish","format-standard","hentry","category-crime","category-legal","category-shitbags"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/107195","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/623"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=107195"}],"version-history":[{"count":1,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/107195\/revisions"}],"predecessor-version":[{"id":107200,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/107195\/revisions\/107200"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=107195"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=107195"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=107195"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}