Naval Academy Case Argued in Federal Court

By: AP Email
By: AP Email

BALTIMORE (AP) - A federal judge in Baltimore says she won't order the U.S. Naval Academy superintendent to recuse himself from deciding whether three midshipmen face a court-martial in a sexual assault case.

U.S. District Judge Ellen Hollander said Monday she did not find grounds for the court to interfere in the separate military court proceeding.

Susan Burke, an attorney for the alleged victim in the case, sought the have the court remove Vice Adm. Michael Miller from deciding whether the case goes forward. She says Miller is angry at her client for making the case public and biased against her.

But Hollander noted that it would be unprecedented for the federal court to interfere with an ongoing Navy investigation in a separate court system.

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BALTIMORE (AP) - A federal judge is questioning how she could force the superintendent of the U.S. Naval Academy to step aside from his role in deciding whether three midshipmen accused of sexual assault should face a court-martial.

U.S. District Judge Ellen Hollander heard arguments on Monday in Baltimore about the case involving three former football players at an off-campus party last year.

Susan Burke, an attorney for the alleged victim, is asking the judge to make Vice Adm. Michael Miller to recuse himself from deciding whether the three will be court-martialed. Burke says Miller is angry at her client for making the case public and is biased against her. Her client also attends the academy.

But Hollander questioned how she could intervene in a separate legal system during its investigative phase.


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