Mid accused of rape may not face court-martial

Mid accused of rape may not face court-martial
By Brian Witte - The Associated Press
Posted : Tuesday May 20, 2008 6:54:08 EDT

ANNAPOLIS, Md. — A Navy investigator is recommending nonjudicial punishment instead of a court-martial for a Naval Academy midshipman accused of rape in the academy’s dorm after a night of drinking.

While charges against Mark Calvanico alleging unauthorized absence, conduct unbecoming an officer and being drunk and disorderly were stronger, Lt. John Clady, the investigating officer, wrote that there was “almost complete lack of physical evidence” for the most serious charges.

“Despite there being sufficient evidence to go forward with a court-martial for the less-serious offenses, in my opinion the seriousness of the offenses does not rise to the level for adjudication at that forum,” Clady wrote in his report.

Clady has sent his recommendation to Vice Adm. Jeffrey Fowler, the superintendent of the Naval Academy, who will ultimately decide whether the Secaucus, N.J., man will stand trial. Fowler has yet to issue a decision, an academy spokeswoman said Monday.

Regina Durazzo, Calvanico’s aunt who testified on Calvanico’s behalf during an Article 32 hearing last month, said the family was “very pleased with the report.”


Rest of article at: http://www.navytimes.com/news/2008/05/ap_academy_rapecharge_051908/