Randolph Air Force Base, Texas – The court martial accusing an Air Force Academy graduate of rape was postponed indefinitely today by the chief trial judge of the U.S. Air Force.
First Lt. Joseph Harding, then a cadet commander, is accused of raping a female cadet at the academy in August 2000.
But Col. David Brash, the presiding judge, said he was “abating” or postponing the court martial on the rape charge. In a brief five-minute court hearing, Brash gave no details why he thought the delay was necessary.
For the past two days, Brash has held closed hearings on a defense request to postpone the court martial.
Colorado Springs therapist Jennifer Bier had refused to turn over counseling records concerning Harding’s accuser, who alleged that she was taken to a tent by Harding, pinned against a table and raped.
Brash said he would continue the court martial on a second count against Harding that accuses him of “indecent assault” against another female cadet in September 1999.
David Sheldon, Harding’s attorney, said immediately after the ruling that Brash’s ruling “ensures Lt. Harding’s right to a fair trial.
“We believe this is appropriate and lawful.”
Wendy Murphy, the lawyer representing both the former cadet and Bier, on Thursday said that earlier in the week Lt. Col. Michael O’Sullivan, the lead prosecutor in the Harding case, had asked the alleged rape victim to sign a waiver permitting Bier to release the counseling records to Brash for inspection.
The accuser refused to sign the waiver.
Murphy said she was incensed by O’Sullivan’s request.
“I said ‘You want a rape victim to waive her privilege of counseling?’ I was beside myself,” Murphy said.
