Randolph Air Force Base, Texas – Lawyers for an Air Force Academy graduate facing court-martial for two alleged sex-related crimes asked a judge Wednesday to postpone the proceedings until a Colorado Springs therapist turns over records of her conversations with an alleged victim.
First Lt. Joseph Harding is accused of “indecent assault” against one female cadet in September 1999 and raping another female cadet in August 2000.
He is to face a court-martial trial on both counts this week, but defense attorneys on Wednesday asked a judge twice to stop proceedings.
Defense lawyers David Sheldon and Capt. Lynn Schmidt argued that Harding cannot get a fair trial on the sexual-assault charge until Colorado Springs therapist Jennifer Bier lets the judge, Col. David Brash, review her records to see if Harding’s alleged victim made inconsistent statements.
Bier has refused to turn over her records, and the judge agreed to let the defense try to convince him that the records are necessary.
The closed-door hearing likely will continue this morning at the base near San Antonio.
Brash already has threatened Bier with arrest for refusing to provide the records. But Major Elizabeth Schuchs-Gopaul, an Air Force attorney, said the judge must now decide whether the records Bier is concealing are critical to a fair trial for Harding.
Schuchs-Gopaul said a large quantity of military medical records in the Harding case have already been provided to his defense by Air Force officials. Brash could conclude that the missing portion – the records Bier has – is insignificant in Harding’s overall defense.
Harding’s defense team has asked Brash to postpone the portion of the case related to the alleged rape victim until the records are produced.
If the judge determines the records are necessary, the case would be postponed. But he also could sever the two charges – putting off a court-martial on the rape allegation until later and proceeding with the other alleged victim.
Earlier Wednesday, Brash denied a motion to dismiss the charges against Harding because his lawyers failed to prove that an Air Force general was unduly influenced before bringing the case against Harding.
Two of the generals who participated in meetings that ultimately led to Harding’s court- martial acknowledged in testimony that there was considerable debate within the Air Force about Harding’s case.
But both denied that improper influence played a role in the decision to bring Harding to court- martial.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
