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thedrifter
09-26-07, 05:45 AM
Marine captain on Okinawa pleads not guilty to charge of raping wife
By Cindy Fisher, Stars and Stripes
Pacific edition, Thursday, September 27, 2007

CAMP FOSTER, Okinawa — A Marine captain pleaded not guilty at a general court-martial Tuesday at Camp Foster to a charge that he raped his wife last year.

The captain, who worked as a plans officer at Marine Headquarters Group, III Marine Expeditionary Force, also is accused of choking his wife in 2002 and throwing hot coffee in her face, according to court records. The statute of limitations to file assault charges is five years.

The captain also was accused of threatening to sexually assault her and threatening to kill her if she tried to leave the island with his child, according to court records.

Other charges included violating a military protective order to not see his wife and obstruction of justice.

A defense motion to dismiss the case due to racial prejudice was denied.

Shannon Frisson, the captain’s civilian lawyer, argued that the convening officer who sent the case to court-martial might have been biased because the accused is black and his wife is white.

Judge Lt. Col. David Oliver ruled there was no evidence of racial prejudice and that the convening officer acted appropriately.

A five-member jury was selected Tuesday, and the government is scheduled to begin its argument Wednesday.

The captain is not being named by Stars and Stripes because it would identify the victim in an alleged sex crime.

Ellie