FOR IMMEDIATE RELEASE RELEASE NO. 06-08

CADET CHARGED – Feb. 7, 2008

WEST POINT, N.Y. – Charges were preferred today against Cadet Michael J. Martin, C Company, 4th Regiment, Class of 2007.

Martin was formally charged with three violations of Article 80 (Attempting to Posses Child Pornography), United States Code, Title 18, Section 2252A, one violation of Article 92 (Failure to Obey a General Order), one violation of Article 133 (Conduct Unbecoming an Officer and a Gentleman), and one violation of Article 134 (Obstruction of Justice), the Uniform Code of Military Justice.

The charges concern accessing Web sites that contained and or sold child pornographic materials, making an effort to obtain child pornography and attempting to destroy evidence from a personal computer during the time period of March-May 2007 while on academy grounds. The charges carry a maximum punishment of dismissal from the Army, total forfeiture of pay and allowances and confinement for up to 37 years.

Martin is currently on administrative leave. 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 a court-martial. 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 at the hearing.

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.