Hey everyone, I'm new to this site. Actually came across it by accident. My husband went to trial for two cases on August 1st. He is/was in the air force and as you might know they have been cracking down on alot of issues. The issues of my husbands trial are very sensitive. He was being accused of rape as one and larceny as the other. He went to trial in front of a jury (8). We spent pretty much all week on just the rape case alone. I was there supporting him through all of it so I was able to hear testimony from both parties. Now of course I am going to be partial to my husband but I will let you know that before I met my husband in September of last year, I was a rape victim of a very threatening man. I went through alot in courts and the hospital so I know where anyone would be coming from. As I sat in that courtroom and listened to this "accusers" testimony I wanted to scream. Not just on the occasion of the so-called rape, she couldn't seem to recall any events in her life. Also, she even told the defense attorney on the stand that it was possible she consented to sex. She has been caught in several false statements prior to the incident and different circumstances. Even her coworkers who have known her for years claimed they could not believe her in anything she ever said. Now that aside, she even committed perjury on the witness stand at least twice. But in all the evidence and testimonies there was no way to convict him of rape. So they gave him a not guilty plea. Then on the very last day (August 5th) the jury was then given the second case. My husband did plead guilty on the larceny charge of which the total came to less than $2,000. It happened two years ago and they are finally charging him. It took the jury two hours or less and they gave him 4 years, demotion to E-1, fines, and bad conduct discharge. Not two weeks later another airman who was a supervisor, went to trial for just larceny. He was reported of $50,000 or more. He was only sentenced to 2 years max, demotion, fines, and bad conduct. On the fines, if he serves the two years he won't be held accountable for it. Which basically means he got off pretty darn easy. So I'm confused as to what happens from here. His attorney mentioned that his trial will be automatically appealed but it will take a few months to process. But I've been told by others that in order to appeal I have to pay a hefty fee for a private attorney. I have not been called back by his attorney for a month now. Does anyone know what is going on? And not only that, but the "accuser" of the rape case did not even shed a tear when he was found not guilty. She would have sent him away for life, and the only reason she accused him is because she was caught underage drinking at that time. She was able to get out of the charges of that by accusing him of rape. She continues at the air force as a physical therapist plus a promotion. So I'm lost and I just miss my husband. HE already spent two years with this hanging over his head and had been relieved of duty also. Like I mentioned, we met back in Sept. of last year and he was upfront about all the charges against him. And though I knew, I continued to love him and believe that he is an innocent man. We all do things when we were younger that were stupid. We went through a miscarriage of our first and only child back in Feb but pulled through and got married June 10th, 2005. And we've been so happy until this has happened. I write to him daily and I receive mail from him. But its tough when all we want to do is move on with our lives. If anyone could help and give me some info or advice, I'd really appreciate it. Sorry this is so long!

I am going to move this to the military forum you may receive more help there.

la6,
Your husband has an appeal by right in the military. An appellate attorney will be appointed to research the trial transcript and file an appeal with the Court of Appeals for the Air Force. He is not required to hire a private attorney. This is a right of all military members convicted under the Uniform Code of Military Justice. It sounds to me like one of the issues could be sentencing disparity (the difference in the sentencing of your husband and the officer for similar offenses). Do you know if he was given credit for the time spent in confinement prior to trial? If he was, his sentence will be half over (assuming 2 years pretrial confinement on a 4 year sentence). Hope this info helps. Hang in there, hon. It's a long process. My son's appeal was filed last February and the military hasn't filed their response brief yet. The govt is granted considerable leeway in filing answers and then the courts take quite a while to rule on the case. Just be patient and supportive of your husband. Don't ever give up.

Good luck and keep posting!
~ Lisa

Sounds like it should actually have been Conduct unbecoming an airman with 4 months confinement 2 rank demotion and he stays in the af. It was under $5000, I am suprised your JAG didn't advise you of that.

I am actually suprised that the millitary does not have any sort of sentanceing guide lines like civillan courts do. I learned the hard way when my co conspiortior and i were court martialed I was given 48 months dd red rand loss of all pay and allowences and he was given 27 months loss of rank recived pay for 6 months. And we were found equally culpiable for the exact same charges and he had priors on his record while i didnt. Well that is neither here nor there any more cus i am out now... Everyone if you can afford it hire a civilan attorney it is what makes or breaks a sentance.