PDA

View Full Version : Navy Master Chief Convicted of Child-Sex Crime Granted Honorable Discharge, but Why?


Urspankd
02-19-08, 01:35 PM
BREMERTON
The Navy has granted an honorable discharge to a former Naval Base Kitsap command master chief who was convicted last year of attempted child rape.

Edward E. Scott, 44, once the local base's highest enlisted man, was arrested after a sting operation in which an officer posed as the mother of young twins in an online forum. Scott was met by police at a Bremerton motel where he had arranged to have sex with what he believed was the mother and both children.

Convicted and sentenced in June to nine months in jail and three years of intensive sexual deviancy treatment, Scott retired from formal service in the Navy on Jan. 31.
His rank was reduced to senior chief petty officer, but he was allowed to retire with benefits.
Discharge records are covered under the Navy's privacy act. Naval Base Kitsap spokesman Tom Danaher could not comment, but the Kitsap Sun has reviewed a report confirming Scott's status that has circulated through the criminal justice system.

The result is surprising to Kevin McDermott, a former Navy Judge Advocate who's worked in military law since 1978. He now practices in California, and has most recently defended war crimes suspects from the Iraq war.

"I don't know if I've ever heard of a serviceman being convicted of a sex crime, getting an honorable discharge," he said.

Scott, who served 25 years, chatted from his home and work computers with an undercover detective posing as a mother of twin 12-year-olds in early 2006. The detective arranged a meeting with Scott for sex at a Bremerton hotel before work March 16.

Detectives arrested him, and a month later he pleaded guilty to attempted child rape and communicating with a minor for immoral purposes, both felonies. Though he faced a 90-month sentence, a Superior Court judge allowed Scott to opt for a nine-month sentence if he would undergo treatment.

The Navy wouldn't comment on what proceeded internally before his retirement was completed. But McDermott said that according to protocol Scott would have had a hearing before a commanding officer, perhaps a captain or admiral, who would have likely conducted what's known as a "mast" hearing.

Such a hearing would have given his commanding officer the authority to reduce him one rank — which did occur — and to take away a limited amount of pay as well as restrict him to a base or quarters for a limited span of time.

However, his commanding officer could have referred Scott to a court martial, where he could have faced a dishonorable discharge, or a Navy "administrative separation board," which could result in a slightly less harsh bad conduct discharge.

Ultimately, McDermott said, the Navy could have tried him again for the same crimes as were filed in the civilian Kitsap County Superior Court, as the concept of double jeopardy doesn't exist in the Uniform Code of Military Justice.

In actuality, Scott was demoted one rank, honorably discharged, and retired with the benefits of the senior chief rank. He's due to finish the sexual deviancy treatment in March 2010, according to court documents filed in Kitsap County Superior Court.

The Navy's decision sends the wrong message to servicemen and women everywhere, said Glenn Maiers, a retired Naval Base Kitsap senior chief petty officer.

"What does that tell the (lower ranks)? The higher up in pay grade you are, the more you can get away with," he said.

Part of a wider trend, McDermott contends the Navy and the armed forces have not been "coming down as hard" on service members post-September 11th. From the military's point of view, the best theory McDermott has on the rationale is simply: "We need bodies."

In Scott's case, McDermott believes his honorable discharge could be a result of "karma." His long and successful career were simply too vast to overlook.

Scott, who joined the Navy in 1982, served as command master chief of not only Naval Base Kitsap, but also the USS Camden and the Abraham Lincoln Carrier Strike Group. His tour of duty has included time in Guam, Hawaii, Whidbey Island and San Diego.

He was the recipient of the Navy and Marine Corps Commendation Medal, the Navy and Marine Corps Achievement Medal and Good Conduct Medal.

"(His command) said, 'Thank you very much for your long and hard work,'" McDermott posited. "We're going to give you one tremendous kiss when you go."

TIMELINE
Feb. 12
Edward Scott enters "fetish12" a Yahoo! chat room, and meets "navydubletruble," a detective posing as a Navy wife. The topic turns to sex, involving the "Navy Wife's" fictitious 12-year-old twin children.

March 13
Scott tells the undercover detective to get a Bremerton motel room "with two beds."
March 16
Before work, the then-Command Master Chief of Naval Base Kitsap goes to a local motel in Bremerton at 5 a.m. He is met by Bremerton Police Detectives, who arrest him (http://www.kitsapsun.com/news/2007/mar/17/naval-base-kitsap-navy-chief-jailed-for-child/) and interview him downtown.

March 19 and 20
Scott makes his first appearances (http://www.kitsapsun.com/news/2007/mar/19/master-chief-to-appear-in-court-on-sex-charges/) in court after being jailed, as prosecutors file charges against him.

April 19
Scott pleads guilty (http://www.kitsapsun.com/news/2007/apr/19/former-navy-master-chief-pleads-guilty-to-rape/) to immoral communication with a minor and attempted rape of a child in Kitsap County Superior Court.

June 18
After delays, Judge Leonard Costello sentences Scott to a nine-month jail stay and a 3-year sex offender treatment program, known as a "special sex offender sentencing alternative."

Jan. 31
After completing his jail time, Scott is allowed to retire from the Navy under an honorable discharge — with one reduction in rank and no loss of benefits.



Please I would love to hear your comments on this!

Tango589
02-19-08, 02:17 PM
Sometimes the 'justice' system makes you sick. This man should have been dishonourably discharged, publically birched and imprisoned for 30 years min. as an example to all who may consider doing the same. Instead he gets 9 months in the slammer, 3 years treatment and retires with benefits. I do wonder what this world is coming to.:nope:

XabbaRus
02-19-08, 04:38 PM
He also knew of some people higher up into it as well and they didn't want to get busted.

That's my take.

Tango589
02-19-08, 05:20 PM
He also knew of some people higher up into it as well and they didn't want to get busted.

That's my take.

There's probably more than a grain of truth in that.....

bookworm_020
02-19-08, 06:04 PM
So much for the justice system!:-? Maybe they could place him with the general prison population and let them "welcome" him.

silentrunner
02-19-08, 06:10 PM
That's what you gotta do to creeps like that.:nope:

HunterICX
02-19-08, 06:19 PM
So much for the justice system!:-? Maybe they could place him with the general prison population and let them "welcome" him.

you mean the ones where in the shower there is a sign that says ''Mind your soap'' :shifty:
indeed, what a creep.

HunterICX

sunvalleyslim
02-19-08, 06:41 PM
Sometimes the 'justice' system makes you sick. This man should have been dishonourably discharged, publically birched and imprisoned for 30 years min. as an example to all who may consider doing the same. Instead he gets 9 months in the slammer, 3 years treatment and retires with benefits. I do wonder what this world is coming to.:nope:

I agree with you whole heartedly Tango.......This guy is a scumbag.......who deserves a long prison time.............:nope: :nope: :nope:

Pingjockey
02-19-08, 09:05 PM
Once again its about the "good ole boy" network. I have heard stories of chiefs and officers doing some pretty *******ed things and getting a slap on the wrist where as the lowly blue shirt gets chucked under the bus.

Reason #5 why I am getting the hell out of dodge after 13 years in...

Yahoshua
02-19-08, 10:19 PM
The American legal system is no longer about truth or justice, but of who can afford the best actor for their case.

Maybe life would be easier if I moved to a 3rd world country and just made up my own government (me) instead of having to deal with this one... I think about 200 acres of island ought to be enough.

Sailor Steve
02-19-08, 10:41 PM
The American legal system is no longer about truth or justice...
From my reading I would argue that it never was.

Urspankd
02-19-08, 10:47 PM
Yeah, this story has brought lot of hate and discontent to the area. There are over 45 comments on this story the last time I checked and most of them are getting removed due to content in the message. I know that the Navy has opened a HUGE can of worms for themselves up here after this incident.

sonar732
02-19-08, 11:20 PM
Once again its about the "good ole boy" network. I have heard stories of chiefs and officers doing some pretty *******ed things and getting a slap on the wrist where as the lowly blue shirt gets chucked under the bus.

Reason #5 why I am getting the hell out of dodge after 13 years in...
Great to see you again on the forums Pingjockey!

I can't find anything after March '07 about this. I wonder what the status is of this case.

Yahoshua
02-20-08, 02:09 AM
The American legal system is no longer about truth or justice...
From my reading I would argue that it never was.

Then what the hell was it for? A facade to keep us happy and the occasional honest person gets sucked into the system and convinces him/herself that they're actually serving the public for a better future?

Urspankd
02-27-08, 02:15 PM
BREMERTON
The U.S. Navy has released new information on the discharge of a former command master chief convicted of attempted child rape, indicating that his official discharge status is "other than honorable."

The new information contradicts a document from the Naval Criminal Investigative Service stating that Edward E. Scott, 44, was to receive an honorable discharge.
Both discharge statuses allow Scott to retain his full retirement benefits, which would only have been lost had he received either a bad conduct or dishonorable discharge.

The Kitsap Sun sought comment from the Navy numerous times before reporting Sunday on the information in the NCIS document. The Navy refused to comment or indicate that the NCIS document was not authoritative.

The Navy bypassed its own privacy act Thursday to release details on Scott's discharge status, and Friday allowed the Kitsap Sun to review Scott's "Certificate of Release or Discharge from Active Duty," or DD 214, which the Pentagon says is the authoritative source on Scott's retirement. Earlier in the week the Pentagon had denied access to the DD214, and would not respond to questions about the information it contained. After consulting the Pentagon's lawyers, Jeff A. Davis, U.S. Navy commander and assistant chief for information at the Pentagon, said the Navy "concluded that the Scott case is of notoriety and interest and that the public's need to know outweighed his privacy interests."

There are other stipulations of his retirement, Davis said. Scott cannot be recalled to active duty for any purpose, and he is barred from most facilities on Navy Region Northwest installations. His retirement entitles him use of medical and dental offices and the commissary, or grocery store. He must also notify a commanding officer when he does go to those places.

But it is the decision to allow Scott to retain retirement benefits that has drawn strong criticism from retired Navy officers and others in online military communities in wake of the initial report.

The initial report of Scott's retirement benefits was cited in a Naval Criminal Investigative Service document obtained through a public records request and does not list the "other than honorable" discharge. Dated Feb. 1, 2008, the "report of investigation" document states that Lt. Ben Pickens, a Navy Judge Advocate General, advised that "Scott applied for his retirement and the military determined he will be given an honorable discharge as an E-8 (or senior chief) with full benefits."

Melanie Reeder, spokeswoman for Navy Region Northwest, said the NCIS documents are "internal reports" and are subject to revision. She reiterated that Scott's DD 214, which does not have a specific date listed on it along with Scott's signature, is the authority on his retirement.

The Navy was faced with an unusual and uncommon decision in Scott's case, said Kevin McDermott, a former Navy Judge Advocate who's worked in military law since 1978. How do they discharge Scott, formerly the highest enlisted man in Naval Base Kitsap and a 25-year service member, despite his sex convictions?
"What they usually do is say 'here is your resignation letter, go home, you're done,'" he said.

Scott could have been court-martialed for the crimes along the way — at his arrest, during his guilty plea, or at his release from jail — but the Navy chose not to go that route, which could have led to a bad conduct or dishonorable discharge without benefits.

That decision would have been made by his command at Navy Region Northwest, Davis said.

But, as McDermott notes, "Somebody made that call."

Scott was arrested following a Naval Criminal Investigative Service sting in which an officer posed as a mother of 12-year-old twins in an Internet chat room in February 2007. Scott requested that the undercover officer get a motel room, and when he arrived there in an early morning rendezvous last March at a Bremerton hotel, he was arrested by authorities.

He pleaded guilty to communication with a minor for immoral purposes and attempted child rape in April, and under a special sentencing alternative, was granted a nine-month jail stay in an agreement to undergo three-year intensive sexual deviancy treatment.

Torvald Von Mansee
02-27-08, 04:47 PM
I'm going to go out on a limb and guess that no homosexuality was involved (I didn't read the introductory post/article). Had it, his punishment would have been something a bit more severe.