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Draft Report -- final to be delivered tomorrow



This will help both sides get a jump start tomorrow on resolving this case.
 
Summary of my rec:  this is not a GCM case because the Article 120 and related sexual assault-type offenses are unprovable through the testimony of 1stLt Klay, and there is insufficient independent corroboration to shore up her testimony.  Moreover, there is a problem with the charging theory on the element of force -- the acts alleged by the government do not constitute "force" within the meaning of the sexual assault statutes.  Capt Rowe rates punishment for a handful of lesser offenses at a lower forum and should be separated from the Marine Corps, but not through the means of a GCM.
 
You can reach me after tomorrow at my gmail address or my usmc.mil address.  I will join at New River Friday morning.
 
s/f,
rgb
 


--
Butch Bracknell
Lieutenant Colonel, US Marine Corps
CMC Fellow, The Atlantic Council
rbracknell@acus.org
757-287-4704

Attachment: DD 457 -- Rowe Article 32 pretrial investigation.pdf
Description: Adobe PDF document

Attachment: Addendum to Art 32 Investigating Officer -- Rowe.doc
Description: MS-Word document