A midshipman enrolled at the US Naval Academy has been cleared of rape charges by the investigators of his case, but still faces disiplinary procedures, including expulsion from the academy. Mark A. Calvanico, 21, of Secaucus, NJ, faces conduct unbecoming a gentleman charges for the incident which occured at a woman's dorm last fall.
The report, akin to a civilian grand jury recommendation, is "under review," said Judy Campbell, a spokeswoman for the Naval Academy. She said she did not know when Fowler might reach a decision.
Calvanico, who is still enrolled at and attending the Naval Academy, had been accused of raping a female classmate in her room in Bancroft Hall early on Oct. 14. At a hearing last month, the woman testified that Calvanico, whom she had considered dating, had been drinking the night before and came to her room three times in the early-morning hours. On his third visit, she said, he pinned down her arms and raped her.
The investigating officer's report said there was "a lack of physical evidence to support" the woman's allegations of rape, and her roommate's testimony contradicted parts of her story. Forensic examinations of Calvanico's underwear showed evidence of the woman's DNA. No sperm, semen or DNA were found in vaginal swabs or on the woman's shorts, sheets or blankets. Further examination found no vaginal bruising or swelling.
The woman's roommate testified that she saw the pair kissing earlier and heard a discussion of their relationship but no signs of a serious struggle.
"If this case were to proceed to trial, the Government would be faced with putting on a case with almost a complete lack of physical evidence to support the most serious offenses charged," the investigator's report states.
The report recommends that Calvanico face administrative punishment for engaging in consensual sexual relations with the woman in the dorm when her roommate was there, being drunk and disorderly, and sending the woman a digital photograph of his penis at her request. The report, which makes no recommendation on actual punishment, also faults Calvanico for being absent from his place of duty and unlawfully entering the woman's dorm room.
"Despite there being sufficient evidence to go forward with a court-martial for the less serious offenses . . . the seriousness of the offenses does not rise to the level for adjudication at that forum," Clady's report says.
Parents and lawyers for Calvanico hope that the Naval Academy goes along with the recommendations of the report and that he avoids serious consequences.
"I'm hoping, I'm praying that he's fair and takes the report into consideration," said Rosa Calvanico, 47, Mark Calvanico's mother. "It's the truth. Mark really didn't do anything."
Michael Waddington, Mark Calvanico's lawyer, said he was not surprised by the report, which was in line with the hearing last month.
"The ball's in their court right now," Waddington said. "All the family's asking for is for him to get a fair shake."
(Update 6-3-08) After an Article 32 hearing, Calvanico will not face criminal charges, but can still face administrative punishments including a maximum of explusion from the Naval Academy. Naval Academy Superintendent Vice Adm. Jeffrey Fowler's recommendation echoes an earlier report. Michael Waddington, Calvanico's attorney states his client in participating in summer training.
A Naval Criminal Investigative Service agent testified at Calvanico's Article 32 hearing that DNA from both midshipmen was found on a pair of boxer shorts Calvanico had been wearing that night. However, none of Calvanico's DNA or semen was found in a rape exam of the accuser. Clady concluded that both of those samples support testimony from Calvanico and the alleged victim's roommate "that there was consensual kissing and sexual activity short of sexual intercourse." He said there was "almost complete lack of physical evidence" for the rape charge.
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