E-7’s indecent acts conviction overturned

E-7’s indecent acts conviction overturned
By Andrew Scutro - Staff writer
Posted : Tuesday Oct 21, 2008 7:03:11 EDT

NORFOLK, Va. — A chief submariner who was convicted of “indecent acts with a child” four years ago, busted down to seaman recruit and given a three-year prison sentence was acquitted on appeal Sept. 10. And now he’s eligible for $160,000 in back pay and reinstatement as an active E-7, according to a Navy spokeswoman.

Chief Electronics Technician (SS) Steven Jason McGinnis was found guilty in 2004 after a general court-martial by jury in Norfolk. But an appellate review by the U.S. Navy-Marine Corps Court of Criminal Appeals has found that improper testimony was allowed at the court-martial. The appeals court agreed with a complaint that McGinnis’ due process rights were violated because the government lawyer — repeating expert witness testimony — “improperly and incorrectly statistical evidence in his closing argument to conclude that false accusations are minimal.”

His case was reheard over three days beginning Sept. 8.

McGinnis and his Navy defense lawyer declined to comment through Beth Baker, a spokeswoman at Navy Region Mid-Atlantic.

The charge stemmed from allegations by the alleged victim’s mother. According to court records from his appeal, McGinnis baby-sat the daughter of a shipmate he met in 1992, while serving aboard the ballistic-missile submarine Tennessee.


Rest of article at: http://www.navytimes.com/news/2008/10/navy_mcginnis_102008w/%2e