Major General James Grazioplene charged with rape
Devtun sends us a link to the USAToday which reports that the Army has announced that, even though he retired in 2005, Major General James Grazioplene faces six charges of rape of a minor which happened in the 1980s;
The charges against Grazioplene carry the potential for life in prison and loss of pension, said Don Christensen, president of Protect our Defenders, an advocacy organization for victims of sexual assault in the military.
Christensen, the former top Air Force prosecutor, said the next step is for Grazioplene to face an Article 32 hearing, which will determine if Grazioplene’s case goes to court martial.
Grazioplene, who lives in Gainesville, Va., joined the Army in March 1972 as an armor officer. He was a graduate of the U.S. Military Academy at West Point, N.Y., a Ranger and was decorated for his service.
There are no plans to call him back to active duty to face the charges.
Category: Army News
How do they get round the statute of limitations?
There isn’t one.
Depends on the jurisdiction. UCMJ might not have one. Locally it varies by crime and other factors. There are DNA exceptions and also most statutes of limitations don’t toll until the suspect has been identified. It gets complicated fast.
UCMJ does not have one. My question for the Barracks Lawyers around here – why charge him if they do not intend to bring him back on duty to face then charges?
I will defer to the Barracks Lawyers inasmuch as I am not one.
Not a barracks lawyer either, but I’ll hazard a guess.
They recall him to AD, they have to pay him – out of current-year MPA funds. I’d guess they don’t want to pay the man current O-8 salary, housing allowance, etc . . . , until they determine whether or not they’re going to try him. As I recall, that’s not determined until after the Article 32 hearing.
I’d think they would do that before announcing charges.
There must be something I’m missing. Perhaps it’s a timing issue, they don’t want to show their hand just yet, watch for him try to cover old tracks which would give them new leads?
No reason to recall him and spend the money at this point. As a retiree, he’s still subject both to the UCMJ and to recall to active duty. Only reason he’d have to be recalled would be to stand trial at a court-martial.
I missed that bit in the retirement briefings about being recallable forever. When I retired in 83 (Reg Army O5) I was issued “hip pocket” orders that said I had to report to Ft Benning GA, with uniforms, if directed. That lasted for 7 years. I always thought that we’d be in deep shit if they ever got that desperate!
I didn’t know I could still get my chain yanked…and boy they would really be desperate now! But see that DJT has called ALL the Senate to the WHitehouse Wednesday for a briefing on the Norks.
Theoretically, yes – a retiree who is receiving retired pay remains subject to recall for life. But current DoD policy makes it quite rare for anyone who’s over 60 or who’s been out a while.
Found this online, so ti must be true…
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Article 32 Investigations
Posted by: admin On: November 20th, 2012
Article 32 of the Uniform Code of Military Justice provides that before charges may be referred to a General Court-Martial, the charges must be “investigated” at an Article 32 investigation.
This is not an investigation as you would normally think of it. It is better called a hearing, and is similar to a preliminary hearing in the civilian court system. The Special Court-Martial Convening Authority (SPCMCA) of an accused (usually an 0-5 or 0-6 level commander) will decide whether to order an Article 32 investigation.
After the Article 32 hearing is completed, the Investigating Officer must file a report, summarizing the evidence presented at the Art. 32 and make a recommendation for disposition of the charges. The Investigating Officer can recommend the charges be handled in numerous ways, from dismissal of the charges, all the way up to a General Court-Martial.
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But again, why “announce” charges, or is it a routine matter to publicly post all charges prior to Art. 32 hearings?
In my limited experience of one court martial of one of my soldiers, there was an announcement of the possible charges before the Article 32 convened. This was done to advise the soldier of their rights under the Article 32.
It might be that there is a difference in legal definition between what the announcement is before an article 32 meets and after when it referrers findings and “charges” to the Court Martial Authority.
Note. If I recall correctly, if a retired service member is recalled for as little as one day, it triggers a recalculation of retired pay for that service member (including the use of the current pay chart). As there have been substantial changes in law since the General’s retirement, the Army might be trying to avoid bringing him on active duty unless the absolutely positibely have to.
The two changes in law that would be in play here are the accrual of 2.5% for each year over 30, and the increase in base pay percent which outstripped inflation since his retirement. It won’t look good if the guy isn’t eventually formally charged under article 32 and get a huge retired pay raise. (My back of the hand calculation is around $1000.00 a month extra)
Slightly different than a person being “charged” in the civilian system, in the UCMJ, charges are “preferred.” Any person subject to UCMJ (including long-retired Soldiers subject to UCMJ for life) “with knowledge of an offense,” may prefer charges on any person subject to the UCMJ. The Art 32 comes after charges have been preferred.
If he’s retired, he’s still subject ot the UCMJ rules on the subject.
I think he is being charged as a civilian and the civilian conviction could be used to deny pension benefits as a retired officer.
Civilian courts don’t conduct Article 32 investigations. Reading is fundamental.
Lars can’t be bothered to actually read the article, thats asking too much.
He’s illiterate. You have to explain everything to him verbally and do his reading for him.
His first two words were a lie and he went down hill from there. (Beat yer to it, TOW and API!)
2/17 Air Cav, I bow to your brilliance.
GOOD HIT, 2/17!! 😀
I wouldn’t outright say I dislike ‘ol Babbles McButthead, even though his imbecility makes me laugh, I still would unplug his Life Support System just to recharge my cell phone.
LOL
READ THE USA TODAY ARTICLE, MAJOR DUNSEL!
“WASHINGTON — The Army on Friday announced rape charges against a retired general for multiple assaults against a minor dating to the 1980s.
Retired Maj. Gen. James Grazioplene is charged with six charges of rape of a minor between 1983 and 1989, the Army announced. The criminal investigation remains open, according to the Army.”
I worked down the hall from Major Grazioplene in Bindlach(The Rock) in Germany. Always very professional and kind. I find this accusation sickening and without substance. Why in the world would this come about ALL these years later???? Motive??? His wife Anne Marie was equally kind.
Carol Rauch RN
Just because someone is nice to you at work, does not mean that their secret lives are equal to what you see. This happens every day. People in power abusing those who are vulnerable, minors, for sex. Why does everyone always jump to blame the victim? If your daughter were the victim, would you be as protective over the General? His wife has nothing to do with it. Did you never hear about the Penn State Sex Scandal?
Seems like it will be a pretty difficult case to prove with that much time gone by.
If its gotten this far they must have some pretty damming evidence
Absolutely, but there are ways to get there if the charge is legit. The victim could have kept a diary that might get into evidence, or told someone who is still alive what happened immediately after it happened. It is tough, but not impossible.
My guess is that a local/state prosecutor had something compelling but didn’t have the authority due to statute of limitations issues. I think its worth noting that the Army has not recalled him to active duty to face charges at this point.
The statute of limitations on rape vary from state to state. There is a table of SOL for each state at this link.
http://www.motherjones.com/politics/2014/11/rape-statutes-of-limitation-maps-table
Some states have NO statute of limitations, some have up to 30 years, almost all allow filing charges at any time if there is a DNA match.
I think he is being charged as a civilian by civilian authorities.
Somebody pull the string again and make him say something else, please. He’s in a loop.
Babbles McButthead, maybe you could use something like this about 15 to 20 times a day:
The other possibility is that the alleged crimes occurred overseas, where no US state would have jurisdiction. If so, UCMJ court-martial might be the only venue available.
One source I found seems to imply he spent a big chunk of time relatively early in his career in Germany. But the dates are unclear, and the source is hardly authoritative.
http://prabook.com/web/person-view.html?profileId=519500
I investigate these types of cases. I have several open right now that backdate anywhere from 6 months to 23 years. Making a rape case from that far back is very difficult to do.
The only success I’ve had when they are that old is running the contents of the SANE exam (rape kit) through the crime lab again. Since DNA testing didn’t exist in the 80’s, we get a lot of hits when we run old kits for DNA. If you get a CODIS hit, even on a case from that far back, the chance of a successful prosecution is excellent; provided you don’t have a statute of limitations issue.
My wife was raped as a child by her step father who was an Army officer. It was investigated and the JAG has him on tape admitting it. They were going to prosecute but could not due to ex post facto. Do you know anything about this? Has that changed? My wife still has regular nightmares about this POS and would love to see him face justice. If you have any info on this, please email me at jme774 at gmail dot com. Thank you!
I guess pedophiles come in all forms but man, what is it with the GO/FO types these days, not being able to their dicks in their pants.
I really don’t understand what’s going on with these fucktards minds. What makes someone attracted to kids? It’s kinda fucked up. Hell, when I see a hot 18 year old, I kinda feel guilty still.
Rock, IDC Sarc can help ya with that……
I see a hot 38-year old and feel guilty, and not just because I’m married.
Ol’ Poe sees a hot anything he feels guilty and can’t remember why…
Because another General Officer was charged with rape, all service members will have an additional hour of SHARP training telling them not to rape anyone.
Has anyone else noticed that it’s not the troopies (except in very rare cases) that do this, but the SNCOs (especially the SHARP NCOs) and the higher-ranking officers?
I wouldn’t go that far. I’m willing to bet good money that the troopies are breaking the law too, we just don’t hear about it.
If you look at the dates of the alleged rape (1980s) he was not a General Officer at he time. I lay he was either a Major or Captain.
Since when is rape not a capital crime?
https://deathpenaltyinfo.org/death-penalty-offenses-other-murder
http://www.abajournal.com/magazine/article/death_for_rape_an_echo_of_the_past/
Thanks.
Nobody seems to have answered the question I and most have I think. How do you charge someone that is retired? Can they just call you back to active duty for any reason at anytime just to prosecute you? Seems strange to me.
Easily.
http://www.ucmj.us/sub-chapter-1-general-provisions/802-article-2-persons-subject-to-this-chapter
Nelson Demille, “Word Of Honor” was about this type of scenario… recalling a former Lt to stand charges of murder/war crime. Good book but lots of procedural minutia I wish, now, I could remember.
This puts me in mind of the case of Timothy Hennis, a retired Army MSG who killed a woman and her two daughters in 1985, he was convicted by the state of NC, then aquitted and went back to finish his Army Career.
When new evidence (DNA) was found he was bought out of retirement by the Army and sentenced to death in April 2010.
Hes one of 6 on death row in Leavenworth now.
Perhaps an even more fitting parallel is that of BG David Hale (formerly MG) – who was court-martialed after retiring in 1999.
http://articles.latimes.com/1999/sep/03/news/mn-6364
His crimes weren’t as serious as the alleged offenses here, but the Army still tried him post-retirement.
Retirees are still in service, just on the retired list. The UCMJ applies to all retired members receiving pay- there are no age or other restrictions. Non-Disabled retirees are subject to involuntary recall their entire lives. Those over 60 and even disabled retirees are also subject to recall, but there would have to be a compelling need (like maybe you raped someone repeatedly back in the ’80s). An Article 32 hearing is sort of the UCMJ version of a Grand Jury- the General Court Marial Convening Authority directs it to determine if there is enough evidence to go to court martial. It is called an investigation, but it is more like a hearing (see below) General Courts Martial are held for serious crimes that carry a sentence of one year or more. General Court Martial Convening authorities are usually division commanders and higher- meaning that they are general officers. Since the Graz is himself a Major General, the Convening Authority would have to be at least a Lieutenant General. However, GCMs can be convened by the SecDef or Service Secretaries as well. My guess is the Sec Army convened this one since Graz is not assigned to a unit per se. Most likely he will not be brought on active duty unless and until the Article 32 Investigation determines there is enough evidence (read below). Keep in mind that he could be brought on only for the time of the proceedings- sort of like Active Duty for Special Work orders for reserve component folks. As far as punishment, my reading of Article 120 (Rape) says he is in big trouble: (a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct. The hearing may determine that there is not enough evidence for the rape charge, but that there is enough evidence for other charges- in other words, sexual assault, etc. 832. ART. 32. INVESTIGATION (a) No charge… Read more »
Dang. Poet and I were ready to put on our White Name Tape jungle fatigues and spit shined Cochrans and go kick ass. I might even be able to find my Fidel fatigue hat. Might even find the short short khaki PT shorts we wore back then.
Theoretically you could be recalled to serve on the panel. However, I recommend khakis with shorts and pith helmet. It would add a certain air of nostalgia to the trial.
I actually remember that uniform but it was slightly ahead of even my time. I’ve seen my brother wear it.
I’ve heard it’s his daughter bringing the charges. I cannot confirm that, so consider it a rumor.
One possibility… a child resulted and is now bringing paternity and the rape follows due to age of mother???