USMA IN THE NEWS
A West Point cadet has been accused of taking photographs of women in varying stages of undress and posting them on the prestigious academy's computer system.
Cadet Mark R. Conliffe, a member of the U.S. Military Academy's class of 2004, was formally charged Thursday with 15 violations of the Uniform Code of Military Justice, the academy said yesterday. All members of the military are subject to the laws contained within the UCMJ.
Conliffe is accused of taking photographs of eight women, most of them West Point cadets, academy spokeswoman Andrea Hamburger said. The pictures, taken without the women's knowledge, were accessible to other members of the West Point community, but not to outsiders. Their existence was discovered during a routine review of computer files, Hamburger said.
All cadets must purchase a personal computer when they enroll. The computers are connected to an internal computer system, or intranet, which others at the academy can access, Hamburger said.
The 15 charges against Conliffe include seven violations of a lawful general order, three unlawful entry violations and five "conduct unbecoming an officer and a gentlemen" violations. He faces a maximum punishment of dismissal from the Army, total forfeiture of pay and allowances and more than 25 years in confinement.
Conliffe's hometown and age were unavailable; Hamburger said privacy laws prevented the academy from releasing the information.
Conliffe will continue his regular duties and is not in pretrial confinement, Hamburger said. He is presumed innocent until proven guilty in a trial by court-martial.
The "preferring" or filing of charges is the first step toward a trial by court-martial.
The next step is an Article 32 pretrial investigation, which functions in a manner similar to that of a civilian grand jury. The main difference is that it provides greater procedural rights for the defendant, including the right to be present during the 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 senior military officer at West Point. The evidence obtained and the officer's recommendation will then be provided to a military officer who may dispose of the case or recommend a trial by court-martial.
A court-martial must take place within a 120-day period from the day charges are filed.
Lt. Col. James E. Whaley, director of public affairs for the academy, said that West Point "takes these allegations very seriously and will thoroughly investigate all incidents of this nature while fully protecting the rights of the victims and the accused."
"The U.S. Military Academy is committed to providing all cadets with a safe and healthy environment," Whaley said. "All cadets must live in an atmosphere that respects their personal dignity and their right to privacy."