Via Kerry Eleveld, SLDN is protesting the weak punishment given to the officer who abused Petty Officer Joseph Rocha
In January of 2007, the Navy’s investigation of Rocha’s commander, Chief Petty Officer Michael Toussaint, turned up 21 findings of fact documenting numerous incidents of abuse and harassment based, at least in part, on Rocha’s perceived sexual orientation. Following the investigation, Toussaint was censured and forced into early retirement.So, that doesn't warrant a court martial? What does?
In a newly released letter sent from Navy secretary Ray Mabus to SLDN executive director Aubrey Sarvis dated January 21, 2010, Mabus wrote that although a court-martial was considered in the case, the chief of Naval Operations opted for a letter of censure “after careful deliberation, and it is a decision I support.”
Mabus explained, “His decision was based on a number of factors, including the time that has elapsed since the hazing incidents, the fact that Senior Chief Toussaint’s involvement previously was reviewed by an authorized commander, and Senior Chief Toussaint’s proximity to retirement eligibility following return from an overseas deployment."
In a response letter dated July 1, 2010, SLDN legal director Aaron Tax noted, “It is difficult to comprehend why these factors, individually, or even when taken together, excuse the abuse Rocha and others suffered at the hands of Toussaint. These abuses include being locked inside of a feces-filled dog kennel, being forced to simulate sex acts with another man, and being spanked. The fact that time has passed, that Toussaint, like countless others, has recently deployed, and that he is close to retirement, cannot and should not excuse his actions.”
This is difficult to comprehend.
Rocha was one of the servicemembers who wrote to President Obama as part of SLDN's campaign, "Stories from the Frontlines: Letters to President Barack Obama." His letter is here. Rocha deserves better than this.
SLDN's press release is here. The full text of SLDN's letter to Mabus is after the break.
Letter from SLDN's Legal Director Aaron Tax to Secretary of the Navy Ray Mabus:
1 July 2010
Honorable Ray Mabus
Secretary of the Navy
1000 Navy Pentagon
Washington, DC 20350-1000
Re: Former PO3 Joseph Rocha
Dear Mr. Secretary:
Servicemembers Legal Defense Network (SLDN) represents former PO3 Joseph Rocha. In a 16 January 2007 Command Investigation, the Navy concluded that SCPO Michael Toussaint abused Rocha along with other sailors under his command in the Military Working Dog (MWD) Division at Naval Security Force Bahrain from 2004 through 2006.
The Command Investigation made 21 findings of fact, documenting numerous incidents of abuse and harassment based, at least in part, on Rocha’s perceived sexual orientation.
Although Toussaint was Rocha’s primary tormenter, the Navy promoted Toussaint after he engaged in the abuses detailed in the Command Investigation.
SLDN wrote to Secretary Gates about this matter on 12 November 2009, asking him to ensure accountability. On 21 January 2010, you responded to our letter on behalf of Secretary Gates. Although it is reported that the initial investigation called for Toussaint to be court-martialed, you said that you endorsed the decision by the Chief of Naval Operations that a Secretarial letter of censure and early retirement were sufficient to hold Toussaint accountable because “time that has elapsed,” his “involvement previously was reviewed by an authorized commander,” and because of his “proximity to retirement eligibility following a return from an overseas deployment.”
It is difficult to comprehend why these factors, individually, or even when taken together, excuse the abuse Rocha and others suffered at the hands of Toussaint. These abuses include being locked inside of a feces-filled dog kennel, being forced to simulate sex acts with another man, and being spanked. The fact that time has passed, that Toussaint, like countless others, has recently deployed, and that he is close to retirement, cannot and should not excuse his actions. While you concluded that “the unit in Bahrain fell short of the Navy’s standards,” the Navy appears to be sending the message that a superior may abuse those in his or her chain of command with few repercussions.
Unfortunately, the Retirement Grade Determination Board held at Naval Station Norfolk on 4-5 February 2010 once again victimized Rocha. The Board dragged him through the mud and made it look as though he had victimized Toussaint. The Board recommended that Toussaint be retired at his full pay. We continue to ask that Toussaint be held accountable for his actions. At minimum, we ask that you retire Toussaint at the pay-grade at which he last served honorably and that Toussaint be given a discharge characterization that reflects his service record, which is clearly, less than honorable.
To do anything less sends the message that so long as 10 USC § 654 (the law known as “Don’t Ask, Don’t Tell”) remains on the books, not only will service members continue to be fired based on their actual or perceived sexual orientation, and not only will the law will continue to silence lesbian, gay, and bisexual service members who are the subject of harassment, but the Navy will continue to give license to their superiors to harass, degrade and abuse them.
SLDN looks forward to your reply and assistance in this matter. Should you have any questions, please do not hesitate to contact me at 202-328-3244 (x 105), ATax@sldn.org, or at the mailing address on this letterhead.
Sincerely,
Aaron Tax
Legal Director
CC:
Dr. Robert M. Gates
Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000
Honorable Juan M. Garcia
Assistant Secretary of the Navy
(Manpower & Reserve Affairs)
1000 Navy Pentagon
Washington, DC 20350-1000
Honorable Jeh Charles Johnson
General Counsel of the Department of Defense
1600 Defense Pentagon
Washington, DC 20301-1600
Vice Admiral James W. Houck
Judge Advocate General
1322 Patterson Ave., Suite 3000
Washington Navy Yard, DC 20374-5066
Rear Admiral Nanette Derenzi Deputy Judge Advocate General
1322 Patterson Ave., Suite 3000
Washington Navy Yard, DC 20374-5066
Captain Leo Falardeau
PERS-8 5720 Integrity Drive Building 768, Floor # 3, Room N317
Millington, TN 38055
