Air Force schedules court-martial for Marco cadet

Meester appeared in a military court at the academy in Colorado Springs, Colo., to face charges in a sex assault case that is part of a broader scandal at the prestigious school.

Attorneys for the defense and prosecution got a March 9, 2004, date for pretrial motions. One of those motions could prove crucial for defense attorneys, who have said that top Air Force officials unlawfully influenced academy commanders to send Meester to court-martial to offset political fallout from the academy's sex scandal.

Meester's case is the first to be taken to court-martial since the scandal broke nearly two years ago. More than 140 complaints were made by female cadets over a 10-year-period, alleging sexual assault and harassment by their male peers.

Meester, 20, a Lely High School graduate, has been attending college at a Florida institution in an effort to put the scandal behind him. He was charged May 13 with rape, sodomy, indecent assault and conduct unbecoming an officer for providing alcohol to a minor. He faces a maximum punishment of confinement for life, forfeiture of all pay and allowances, and dismissal from the Air Force under less than honorable conditions.

The alleged incident occurred in his dorm room at the academy in October 2001, when a then 18-year-old female cadet and Meester shared several drinks of tequila. The woman claims she was too drunk to stop Meester from raping her, but Meester claims it was consensual sex and has maintained his innocence.

Meester's July 8 request to resign from the service to avoid a court-martial was refused by Air Force Secretary James Roche on Oct. 10.

Meester lost an earlier round as well, when academy Commandant of Cadets Brig. Gen.

Johnny Weida ruled against an investigating officer's recommendation not to send Meester to trial because of insufficient evidence. Weida ordered him to face a court-martial.

Both of those actions, one of Meester's defense attorneys said, are part of an illegal plot by top-level Pentagon officials to bow to congressional pressure and make Meester a political scapegoat.

Retired Lt. Col. Frank Spinner of Colorado Springs, hired by Meester's family to represent him, said Roche and Air Force Chief of Staff Gen. John P. Jumper have committed "unlawful command influence" in their actions to illegally pressure the academy's leaders to send Meester to trial.

Roche, Jumper and other top Air Force officers have been under pressure to end what a congressional investigating panel termed a "chasm of leadership" at the academy that led to an environment of abuse against female cadets.

The scandal drew investigations of academy leadership from Congress, the Air Force and the military establishment. The academy's top leaders were replaced as a result.

The replacements -- Weida and academy Superintendent Lt. Gen. John W. Rosa -- have implemented a crackdown on cadets, warning them that any further incidents will not be tolerated and will be punished according to provisions in the Uniform Code of Military Justice.

Under military law, Meester can choose his "forum," or whether he'll have trial by judge or jury. If he chooses a jury, Rosa, as superintendent, has the authority to handpick the potential jury -- or "court members" in military terms -- and usually would choose a group of eight to 12 officers stationed at the academy.

Then prosecutors and defense attorneys can challenge the court members, whittling them down to a pool of no fewer than five for trial, Spinner said.

"It's routine to delay entering pleas at arraignment," Spinner said. "You enter motions before you enter pleas, so -- especially on the defense side -- we anticipate issuing a lot of motions at the March hearing. Unlawful command influence is an issue we will be investigating, and it is highly likely that we'll make a motion on this."

Meester can wait until the very day of trial to select either a judge or jury, Spinner said.