U.S. Naval Academy Superintendent Michael Miller set aside a recommendation from military judge, Cmdr. Robert P. Monahan Jr., on Thursday and ordered two former Navy football players, Eric Graham and Joshua Tate, who are both accused with aggravated assault, to face court martial according to Reuters.
Eric Graham, Joshua Tate and Tra'ves Bush were accused of assaulting a female midshipman at a "Toga and Yoga" party in April 2012. The party was "alcohol fueled" and was held off-campus, Reuters reports. Tra'ves Bush will not be tried with Tates and Graham.
According to Reuters, the alleged victim is a fellow midshipman who was drinking the night of the party and said she doesn't remember having sex but heard about the allegations after the party from others.
USA Today reported that within days of the "Toga and Yoga" party, during which men wore togas and women wore yoga pants, the Naval Criminal Investigative Service began looking into the allegations. The decision comes after an Article 32 hearing, the civilian equivalent of a preliminary hearing, in which the alleged victim's underwent more than 30 hours of cross-examination this fall by three defense teams. She faced graphic questions about sexual acts and her attorney criticized the process, according to USA Today.
During the Article 32 hearing, defense attorneys played a recording of a phone call in which she asked one of the defendants not to cooperate with investigators. The case was closed in November 2012 because the victim did not want to press charges and wouldn't cooperate, but reopened in January, according to Reuters.
"We are committed to a thorough and fair conduct system and investigative process, and the Naval Academy will meet the highest standards, operate consistent with the law, and expeditiously investigate every report of unwanted sexual contact, sexual harassment and sexual assault," the academy said in a statement announcing the superintendent's decision, USA Today reported.
After President Barack Obama emphasized the importance of stamping out sexual assault in a speech given in May to the graduating class, Susan Burke, the alleged victim's "outspoken" attorney, went public days later, disclosing the investigation and what her client knew, USA Today reported.
According to USA Today, Burke said the academy tried to sweep the case under the rug to protect its reputation. The Academy rebutted and said "Miller's decisions were informed by the findings and recommendations made by the Article 32 Investigating Officer, as well as by independent legal advice from the Navy's Region Legal Service Office and the Naval Academy's Staff Judge Advocate," and that the Academy and an NCIS agent have said an investigation was vigorously pursued.
