In addition to the rape charge, the cadet faced one charge of unlawful entry of another cadet’s dorm room under Article 134, and one charge of dereliction of duty under Article 92 for drinking while under the legal drinking age. But aggressive advocacy on the part of Greg Gagne and Keith Scherer resulted in an acquittal on the rape and unlawful entry charge. The cadet was convicted of underage drinking and sentenced to receive a reprimand and restriction to the academy for 30 days.
The prosecution did not present any evidence from law enforcement or any scientific or physical evidence. Greg Gagne and Keith Scherer questioned the witness’s credibility throughout the trial, from pretrial hearings through closing argument.
“We never believed this case belonged in court,” says Keith Scherer, one of the defendant’s civilian military attorneys. “We didn’t want to embarrass the female cadet by putting her own sexual conduct on the record, or by showing that she had no credibility, but we had to do it to make sure justice was done,” Scherer said.
“It was our position all along that the accuser told a lie that she thought would never be repeated, but eventually the story got to her commander, and by that time it was too late to admit she made it up. We asked the jury to take her off the hook by acquitting our client.”
The incident occurred in August of 2007, but the command didn’t hear of it until April of 2008. According to Scherer, initially the female cadet tried to keep the story from getting around and indicated that she did not want to see the defendant face any charges. Contrary to some published accounts, however, as the process developed she changed her mind and willingly testified against him.
“A charge of underage drinking would never be handled at a general court martial. Those types of incidents are handled with an hour of marching. We have faith that the general will work with us to make sure the Air Force keeps this valuable asset.”
Gagne, Scherer & Langemo, LLC, defends military members of all branches; Army, Navy, Air Force, Marines and Coast Guard, who are facing criminal charges at court martial or adverse administrative action.
Gagne, Scherer & Langemo, LLC, is currently accepting new military clients across the United States and abroad. For more information, call the firm toll-free at 1-877-TOP-JAGS (1-877-867-5247)
