Gay Pornography Can Be Used in Navy Trial
October 2, 2007 - 9:44am
WASHINGTON (AP) - In a decision that could jeopardize a Navy physician's career, a military judge ruled Monday that gay pornography found on the doctor's computer can be used as evidence in his trial on charges that he videotaped U.S. Naval Academy midshipmen having sex.
Cmdr. Kevin J. Ronan is charged with seven counts of conduct unbecoming an officer, three counts of illegal wiretapping and one count of obstruction of justice. Prosecutors said the pornography establishes a motive for the alleged secret taping of the midshipmen.
Ronan, who hosted midshipmen in his home as part of a Naval Academy program, could be sentenced to more than 10 years in prison if convicted on all counts.
Even if Ronan is found innocent at trial this month, the evidence often brings a military investigation into a service member's sexual orientation. Open homosexuality is grounds for being dismissal from the service.
Ronan's lawyers had tried to keep the evidence out of his trial, saying prosecutors couldn't prove he was the one who downloaded the material, and that the implication he might be gay would turn the jury against him.
"The effect of this is going to be to suggest, 'This is a bad person, he's got homosexual tendencies, and we certainly don't want him in the Navy,'" William Ferris, Ronan's civilian attorney, said in the Washington Navy Yard courtroom. He noted the uproar over the recent comments of Gen. Peter Pace, the nation's former top uniformed officer, who said he believed homosexual behavior was "immoral."
"There is a strong prejudice against homosexuals in the military," Ferris said.
Ronan briefly took the stand and denied any knowledge of the videos or pictures and said he didn't know how they got onto his computer. He said that about a dozen midshipmen regularly stayed in his home in their free time, and Ferris stated that any of them could have downloaded the pornography.
Ronan was not asked about his sexual orientation.
Ronan was previously a team physician for Naval Academy sports teams and a medical officer in the midshipmen's dorm.
Ronan also was a "sponsor" at the service academy. Sponsors typically are Annapolis residents who open their homes to midshipmen so the midshipmen can relax on weekends or school holidays.
Marine Col. Steven Day, the judge in the case, said that admitting the evidence could be harmful to the defense case, but agreed with prosecutors that the reasons for allowing it outweighed potential bias. The judge said he would limit any bias with jury instructions and by carefully screening jurors.
The images and videos could be used to prove motive, Day said, and could show "possible need on his part" to view "young, athletic males" engaged in sexual activity.
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Information from: The (Baltimore) Sun, http://www.baltimoresun.com
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Seriously...I think its just ridiculous that a trial is taking place and that this Dr. could face more than 10 years in prison over this. Its not as if they found child pornography. They found gay pornography in the private home of this man. It is time that "Don't Ask...Don't Tell be done away with. The only thing that the gay porn on the computer and the taping of the midshipmen having sex prove is that he likes the freaky sneaky apparently as much as I do. Big freakin whoop!! I just think its very detrimental to the gay rights struggle that gay pornography and gay sex acts are subject to criminal prosecution in the military.
