US Naval Officer Fighting Charges after Gay Claims: Found in Bed w/guy
Lawyers representing a naval officer, who could be discharged after being found in his bed next to a male colleague, have accused the US navy of trying to get around new legislation allowing gays in the military by “disguising the case as misconduct”.
Petty Officer Stephen Jones is being charged with ”willful failure to exhibit professional conduct in his bachelor enlisted quarters,” according to his lawyer, Gary Myers after Jones’ roommate found the two men asleep on the bed.
Mr. Jones insists his friend Bryan McGee - who has also been charged - had simply visited his room to watch The Vampire Diaries, and both had fallen asleep. According to Mr. Jones, both were wearing clothes, with Mr. Jones under the covers and Mr. McGee on top of the bed.“I’m not pleading guilty to something that I didn’t do. I did not commit a crime,” Jones told CNN. “I am the type of person that takes responsibility for my actions. If I break a rule, I take my punishment. And I know I did not break any rules.”
Mr. Jones’ lawyer Gary Myers said: “The Secretary of Defense has said that 'don’t ask, don’t tell’ cases will be reviewed at the highest levels. This case is disguised as misconduct to avoid that result.
“This is a subterfuge being used by this Commander because he does not have the elements of proof to separate him for homosexuality, but he suspects homosexuality, so he has created this illusion that Stephen has engaged in misconduct of some form.”
Mr. Myers added: “It cannot invoke ‘don’t ask, don’t tell’ because there is no homosexual conduct and there is no admission of homosexuality. Yet this homophobic Command is using its suspicions to reach the same result as though there were...This is bigotry disguised as the rule of law.”
Despite the repeal of the “don’t ask, don’t tell” ban on gays in the military, new legislation will not come into place until 60 days after Secretary of Defense Robert M. Gates has signed a declaration that the time is right to allow the recruitment of openly gay and lesbian personnel.
Campaigners who fought to end the “don’t ask, don’t tell” policy have questioned the charges.
Alexander Nicholson, of Servicemembers United, told the Washington Post: “It’s been the case for years that commanders had at their disposal the means to chapter someone out of the military for something other than homosexual conduct.
“If you want to get rid of somebody, you can always find something to punish them for.”
Thomas Dougan, a spokesman for the Naval Nuclear Power Training Command told CNN: “It is a violation of the Command Instruction for sailors to act unprofessionally in the barracks. It is considered unprofessional conduct to share the same bed in Navy barracks.”
Jonny Payne
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