Recently, the Secretary of the Army reduced Major General Grazioplene's retired grade to second lieutenant--a significant "pay" cut. The action was based on the substantiated allegations that he sexually abused his daughter over a significant period going back to when he was a first lieutenant. He retired in 2015. (Whether that grade reduction can be challenged at the Court of Federal Claims is not my question.)
2 LT Grazioplene can still face court-martial--can he not?
Charges for rape were preferred against Grazioplene in 2017, and in November he was arraigned on his then alleged sexual misconduct; offenses committed while he was on active duty and at three different duty stations. (He was not placed in pretrial confinement and he was not recalled to active duty.)
Military prosecutors alleged in the August hearing that Grazioplene assaulted the girl at or near each of his duty stations from 1983 to 1989, which included Fort Leavenworth, Kansas; Bindlach and Amberg, Germany; Woodbridge, Virginia; and Fort Bragg, North Carolina.
Grazioplene was arraigned in November 2017. Then came United States v. Mangahas, 77 M.J. 220 (C.A.A.F. 2018). As a result of CAAF's decision, the military judge dismissed the charges against Grazioplene. That was not the end of Grazioplene's legal difficulty.
Thank you Army Times.
[Grazioplene] was arrested Dec. 7 and indicted by a Virginia grand jury on three counts of rape and three counts of incest allegedly involving his daughter between Aug. 1, 1987, and May 31, 1988, according to the Dec. 3 indictment documents.
Ah, Virginia had(s) no statute of limitations for rape, but it is limited in its jurisdiction to crimes committed within the Commonwealth. That is not to say that Virginia's version (Rule 413) of Mil. R. Evid. 414 wouldn't allow the other acts to be appropriately considered.
Thank you Patch, a place to get interesting local news tidbits.
Like courts-martial, the trial did not go smoothly in terms of timeliness. Does this sound familiar?
The trial of retired Army Maj. Gen. James Grazioplene on rape and incest charges has been postponed for the second time this year.
This too may seem familiar--Grazioplene negotiated a plea deal.
Retired Army Maj. Gen. James Grazioplene, who faced charges of allegedly raping his daughter in the 1980s, pleaded guilty to a lesser charge today in Prince William County Circuit Court in exchange for a 20-year suspended prison sentence.
And along came United States v. Briggs which we know holds that CAAF was wrong in Mangahas. This is why I ask, Grazioplene can still face court-martial can't he?
Cheers, Phil Cave
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