FOR IMMEDIATE RELEASE                                                                        RELEASE NO. 02-07

CADET CHARGED – Jan. 30, 2007

            WEST POINT, N.Y. – Charges were preferred on Nov. 30, 2006, against Cadet Daniel Stratton, A Company, 3^rd Regiment, Class of 2008.

            Stratton was formally charged with two violations each of Article 130 (Housebreaking), Article 121(Larceny), and Article 112a (Wrongful Use of a Controlled Substance) of the Uniform of Code of Military Justice.

            The charges concern entering another cadet’s room without their permission and using prescription pain medication belonging to another cadet.  The charges carry a maximum punishment of dismissal from the Army, total forfeiture of pay and allowances and 21 years of confinement.

            Stratton will continue his regular duties and is not in pretrial confinement.  The cadet is presumed innocent until proven guilty in a trial by court-martial.  Cadets, like other members of the military, are subject to military law contained in the UCMJ, a federal statute.

            Preferring charges against a service member is the first step in the court-martial process.  The next step is a pretrial investigation pursuant to Article 32, which is similar to a civilian grand jury.  The Article 32 pretrial investigation hearing, however, provides greater procedural rights for the defendant:  the right to be present during the public hearing, the right to present evidence, the right to cross-examine witnesses, and the right to have a defense lawyer.

            The pretrial investigation will be conducted by a military officer at West Point.  The evidence obtained and his or her recommendation will be provided to a senior military officer who may then dispose of the case or recommend a trial by court-martial to the Superintendent, the senior officer at West Point.

-30-