Sailor still imprisoned despite court victory in Navy rape case
Article here. Excerpt:
'A Navy enlisted man whose rape conviction was reversed six weeks ago remains imprisoned in South Carolina, caught amid the military’s accelerating campaign against sexual assault.
Now, in an unusual move, attorneys for Airman Dustin M. Clark are urging the same military appeals court that threw out his 2014 conviction to order his immediate release. The 23-year-old Missouri native has already done too much time for a crime he didn’t commit, his attorneys say.
“It’s outrageous,” David P. Sheldon, one of Clark’s attorneys, said in an interview. “They’re making sure he stays in jail.”
It’s rare for a military appeals court to reverse a conviction because of “factual insufficiency,” as the U.S. Navy-Marine Corps Court of Criminal Appeals did with Clark’s conviction July 14. This means the appellate judges thought prosecutors failed to prove their case
The government, though, apparently wants to keep Clark incarcerated at the Naval Consolidated Brig Charleston in South Carolina pending further review, a process that Sheldon estimates could last as long as 10 months.'
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