Two Mids charged in sex cases (Baltimore Sun)

Colleges and Universities A-Z Naval Academy - Annapolis
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<p>One is accused of rape, the other with child pornography offenses</p>

<p>Two</a> Mids charged in sex cases -- baltimoresun.com</p>

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[quote]
The Naval Academy, which has been stung by a number of high-profile sexual assault and misconduct cases in recent years, announced Friday charges against two more midshipmen, one of whom is accused of raping a classmate in an academy dorm. </p>

<p>Junior Mark A. Calvanico has been charged with rape, indecent assault, indecent acts and conduct unbecoming an officer, according to a news release issued by the academy Friday. In addition, an academy spokeswoman said, Calvanico is charged with unlawfully breaking and entering with the intent to commit rape, and unauthorized absence. </p>

<p>Academy officials said the offenses for which Calvanico is charged occurred on Oct. 14....

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<p>Here we go again. :(</p>

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<p>2</a> midshipmen face charges of rape, child porn - Navy News, opinions, editorials, news from Iraq, photos, reports - Navy Times</p>

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The Naval Academy announced Friday that two midshipmen will go to Article 32 hearings on charges including child pornography and rape:</p>

<ul>
<li>Midshipman 1st Class Michael Pollard faces charges of attempting to distribute child pornography, obstruction of justice, possessing pornography in Bancroft Hall, making a false official statement and obstructing justice, and receiving and possessing child pornography, said academy spokeswoman Jennifer Erickson. The alleged incidents occurred between July 2003 and August 2007, according to an academy statement....

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<p>Tell me these two are at least in the Brig somewhere........or don't we do that anymore?</p>

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<p>subvet,</p>

<p>I am not sure if pre-trial confinement would be allowed under the MCM or UCMJ for these offenses (maybe they are?). Remember, Lamar Owens was not held in confinement.</p>

<p>Secondly, we must remember that these charges are ONLY allegations. It is improper for anyone to post their opinion because you haven't seen the evidence and thus you don't know the truth. I certainly recall how many opinions were posted here during the Owen's trial stating his guilt for the rape, when he was found not in violation. </p>

<p>Let's let the military justice system work.</p>

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<p>Child porn? Shoot first, ask questions later.</p>

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<p>The only question I have is the alleged incidents pertaining to MIDN Pollard occurred over a 4 year period starting July 2003.
If he is a 1st Class Midshipman would he not have entered USNA on I -day in 2004?
It's a little confusing to me.</p>

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<p>Maybe he was turned back due to academics?</p>

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<p>Regardless, Plebe Summer isn't what it used to be. He, apparently, is accused of doing it then.</p>

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<p>JustAMom,
You are right. He would have entered USNA in 2004, not 2003. Maybe he was at NAPS.</p>

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<p>Pretty scary to think you're walking around a school with these people lurking. It's a pretty small place, and you could probably pass them and not think anything of it. Funny that the story is released as soon as spring break starts so as not to raise a ruckus in the brigade.</p>

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<p>It could be he had a picture of a girlfriend that wasn't quite 18 emailed to him on his cell phone. By federal standards, that is child porn. It would be better if the legal system works it out.</p>

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<p>will second Jadler and MVljog.... "Let's let the military justice system work." </p>

<p>There will be time for everything else later.</p>

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<p>Mids</a> charged with rape, child porn - Naval Academy - (HometownAnnapolis.com)</p>

<p>
[quote]
The Naval Academy announced yesterday that two midshipmen have been charged with sex crimes.</p>

<p>Midshipman 2nd Class Mark A. Calvanico, of New Jersey, is accused of unlawfully breaking and entering into "a dwelling" in Bancroft Hall, the academy's dorm, on Oct. 14, 2007, an academy spokesman said, and committing rape and indecent assault....

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<p><a href="http://www.baltimoresun.com/news/local/annearundel/bal-md.me.academy22mar22,0,5882427.story%5B/url%5D"&gt;http://www.baltimoresun.com/news/local/annearundel/bal-md.me.academy22mar22,0,5882427.story&lt;/a&gt;&lt;/p>

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[quote]
The disciplinary hearing scheduled for Monday for a Naval Academy midshipman accused of receiving, possessing and attempting to distribute child pornography stored on computer equipment at Bancroft Hall has been postponed, an academy spokeswoman said yesterday.</p>

<p>The Article 32 hearing, similar to a grand jury proceeding, was postponed to April 7 after a lawyer for the defendant, Midshipman First Class Michael S. Pollard, asked for more time to prepare, said the spokeswoman, Judy Campbell.

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<p><a href="http://www.navytimes.com/news/2008/03/navy_postpone_article32_032508w/%5B/url%5D"&gt;http://www.navytimes.com/news/2008/03/navy_postpone_article32_032508w/&lt;/a&gt;&lt;/p>

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[quote]
An Article 32 hearing for a Naval Academy midshipman that had been scheduled to begin this week has been rescheduled for next month after a defense lawyer asked for more time to prepare for the hearing.</p>

<p>Midshipman 1st Class Michael S. Pollard is charged with electronically receiving, possessing and distributing child pornography over a four-year period beginning in 2003 and ending in 2007. An Article 32 hearing, the rough equivalent of a civilian grand jury hearing that determines whether there is enough evidence to try a person, will now be held for Pollard on April 7 at the Washington Navy Yard.</p>

<p>A second academy student, Midshipman 2nd Class Mark A. Calvanico, was charged earlier this month with rape, burglary, conduct unbecoming an officer, and unauthorized absence. Those charges came after an incident involving a female midshipman at the academy dormitory in October....

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<p>I'm curious about the "conduct unbecoming an officer" charge. Realizing they are considered active duty, are mids considered "officers" before they graduate and get their commission?</p>

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<p>Article 133—Conduct unbecoming an officer and gentleman </p>

<p>Text:</p>

<p>“Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.” </p>

<p>Elements. </p>

<p>(1) That the accused did or omitted to do certain acts; and </p>

<p>(2) That, under the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman. </p>

<p>Explanation: </p>

<p>(1) Gentleman. As used in this article, “gentleman” includes both male and female commissioned officers, cadets, and midshipmen. </p>

<p>(2) Nature of offense. Conduct violative of this article is action or behavior in an official capacity which, in dishonoring or disgracing the person as an officer, seriously compromises the officer’s character as a gentleman, or action or behavior in an unofficial or private capacity which, in dishonoring or disgracing the officer personally, seriously compromises the person’s standing as an officer. There are certain moral attributes common to the ideal officer and the perfect gentleman, a lack of which is indicated by acts of dishonesty, unfair dealing, indecency, indecorum, lawlessness, injustice, or cruelty. Not everyone is or can be expected to meet unrealistically high moral standards, but there is a limit of tolerance based on customs of the service and military necessity below which the personal standards of an officer, cadet, or midshipman cannot fall without seriously compromising the person’s standing as an officer, cadet, or midshipman or the person’s character as a gentleman. This article prohibits conduct by a commissioned officer, cadet or midshipman which, taking all the circumstances into consideration, is thus compromising. This article includes acts made punishable by any other article, provided these acts amount to conduct unbecoming an officer and a gentleman. Thus, a commissioned officer who steals property violates both this article and Article 121. Whenever the offense charged is the same as a specific offense set forth in this Manual, the elements of proof are the same as those set forth in the paragraph which treats that specific offense, with the additional requirement that the act or omission constitutes conduct unbecoming an officer and gentleman.
(3) Examples of offenses. Instances of violation of this article include knowingly making a false official statement; dishonorable failure to pay a debt; cheating on an exam; opening and reading a letter of another without authority; using insulting or defamatory language to another officer in that officer’s presence or about that officer to other military persons; being drunk and disorderly in a public place; public association with known prostitutes; committing or attempting to commit a crime involving moral turpitude; and failing without good cause to support the officer’s family. </p>

<p>Lesser included offense: Article 80—attempts </p>

<p>Maximum punishment: Dismissal, forfeiture of all pay and allowances, and confinement for a period not in excess of that authorized for the most analogous (similar) offense for which a punishment is prescribed in this Manual, or, if none is prescribed, for 1 year.</p>

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<p>Interesting--thanks Jadler.</p>

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<p><a href="http://www.navytimes.com/news/2008/04/navy_article32_040708w/%5B/url%5D"&gt;http://www.navytimes.com/news/2008/04/navy_article32_040708w/&lt;/a&gt;&lt;/p>

<p>
[quote]
A hearing involving a Naval Academy senior accused of possessing child pornography got underway Monday at the Washington Navy Yard.</p>

<p>Midshipman 1st Class Michael Pollard faces several charges at the Article 32 hearing, including:</p>

<ul>
<li><p>Attempt to distribute child pornography.</p></li>
<li><p>Conduct unbecoming an officer by impeding an investigation, by deleting child pornography.</p></li>
<li><p>Conduct unbecoming an officer by impeding an investigation, by installing a new operating system on his computer to erase information.</p></li>
<li><p>Conduct unbecoming an officer by making a false official statement to the Naval Criminal Investigative Service.</p></li>
<li><p>Conduct unbecoming an officer by possessing pornography.</p></li>
<li><p>Four counts of violating Article 134 of the Uniform Code of Military Justice, known as the general article, by knowingly possessing and receiving more than 1,000 pornographic images and video files on two laptops and one external hard drive....

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<p><a href="http://www.baltimoresun.com/news/local/annearundel/bal-academy0407,0,3415019.story%5B/url%5D"&gt;http://www.baltimoresun.com/news/local/annearundel/bal-academy0407,0,3415019.story&lt;/a&gt;&lt;/p>

<p>
[quote]
WASHINGTON - A Naval Academy midshipman described in a military hearing today the "nightmare" of finding child pornography on the computer of a student who shared a room with him in the college's dormitory.</p>

<p>The testimony came during the first hearing for Michael S. Pollard, 22, of Opopka, Fla., who is accused of possessing and distributing hundreds of images and videos of children having sex.</p>

<p>Mikoto Yoshida, a senior who shared a room with Pollard and four other midshipmen in Bancroft Hall, said the roommates frequently shared computers. He said he went to use the Internet on Pollard's computer one afternoon in February 2007 because his own computer was acting slow....

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