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Sex Case Dropped Against Local Midshipman

365 views · Published 6 February 2014 · 0:36 · Indexed 4 October 2026

Channel: NBC 15 · 2014 · News & Politics

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UPDATED 2:47pm to include statements from Chip Herrington, Eric Graham.ANNAPOLIS, Md. (WPMI) Sex charges against a Navy Midshipman from Eight Mile were dropped Friday morning because of a lack of evidence in the case, Local 15 News has learned.Naval Academy Superintendent Vice Admiral Michael Miller made the decision after a recommendation from military prosecutors in the case.Region Legal Service Office informed the Superintendent of his recommendation to dismiss charges against Midshipman Graham, citing no reasonable grounds to prove a crime of sexual assault was committed by Midshipman Graham due to the absence of evidence, U.S. Navy CDR John Schofield said.From the start, we have been confident because the truth was on our side, Graham's attorney Chip Herrington said Friday, Today we are extremely pleased that Vice Adm. Miller has finally accepted the recommendation of dismissal, based on the absence of any evidence that a crime was committed.  Graham, 21, and fellow Midshipmen Joshua Tate and Tra'Ves Bush were initially accused of multiple sex crimes after a female Midshipman said she was assaulted during an off campus party in April 2012.An Article 32 hearing, which is similar to a civilian grand jury and preliminary, held last year led investigators to recommended the case not move forward with any of the suspects.Miller dropped charges against Bush, but sent the cases against Graham and Tate to court-martial.A recent move, however, by the judge heading the court-martial made prosecuting the case against Graham harder. The judge threw out Graham's statement to Naval Criminal Investigative Service investigators because he had not been advised of his Miranda Rights before giving the statement.A major determining factor in making his recommendation was the ruling by the Military Judge on the inadmissibility of Midshipman Graham's statements to NCIS during the original investigation, Schofield  added.Thanks [to] my family and friends back home for their unwavering support and for never doubting my innocence, Graham said,  Thanks to my lawyers, Chip Herrington, LCDR Angela Tang and LT Chris Cox for their skilled and dedicated representation.  Most of all, I would thank to my Heavenly Father for giving me the strength to endure this difficult time. Herrington had previously said ignoring the previous recommendation was Miller bowing to political pressure for the military to be tougher when handling sex crime allegations against its service members.Schofield said the court-martial case against Midshipman Tate would proceed as scheduled.

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