A Naval Academy midshipman in the high profile sexual assault case wants the superintendent off the case, the Baltimore Sun reports.
Midshipman Joshua Tate, 21, claims Naval Academy Superintendent Vice Adm. Michael Miller is "biased" towards him. Tate's lawyer Jason Ehrenberg said the victim in the sexual assault case influenced Miller's decision to take legal action.
"[Ehrenberg] said the public spotlight on sexual assault in the military is influencing the superintendent," the Sun reports. "He suggested Miller may want to have the case prosecuted even though he assumes an acquittal is likely because he is in a 'political bind.'"
Tate cited a statment President Obama earlier this year on military sexual assault cases in his argumant: "If we find out somebody's engaging in this, they've got to be held accountable - prosecuted, stripped of their position, court-martialed, fired, dishonorably discharged. 'Period.''
According to the Associated Press, Miller has the authority to determine the legal ramifications of an alleged crime.
"Under military law, Miller has the authority to charge defendants, determine whether they face court-martial, and choose the pool of service members used to form the jury," AP reports. "In case of a conviction, Miller also has the authority to set aside their punishment."
The Naval Academy has not released a statement about Tate's legal claim against the academy superintendent.
Only two of the three accused midshipman and football players are facing charges on sexual assault, Tate and 21-year-old Eric Graham. Tra'ves Bush, 22, was the third midshipman accused of sexual assault but was not charged with a crime.
The athletes are accused of raping a female midshipman who was reportedly heavily intoxicated and later coerced to recant her first sexual assault allegations.
The victim testified about the events, which allegedly occurred on April 14, 2012, during a preliminary hearing in August.
"I noticed I was really disheveled," she testified. "I was really nerve-wracked because I didn't know what had happened."
