Anderson Sentenced to 42 Months Confinement

by Senior Airman Leah Ferrante
49th Wing Public Affairs

4/27/2015 - HOLLOMAN AIR FORCE BASE, N.M. -- Major Clarence Anderson III was sentenced April 22 following a three-day general court-martial trial by a military judge to 42 months confinement and dismissal from the Air Force.

Anderson was found guilty of committing six offenses under the Uniform Code of Military Justice - sexual assault and abusive sexual contact in violation of Article 120; aggravated assault and assault consummated by battery in violation of Article 128; and communicating a threat and kidnapping in violation of Article 134. The offenses were committed in Florida, Alabama and New Mexico against one victim as Anderson changed stations.

"Major Anderson has been held accountable for his action in accordance with the Uniform Code of Military Justice," said Col. Robert Kiebler, 49th Wing commander. "Holloman Air Force Base holds our Airmen to the highest standards and will continue adhere to our Core Values and standards of behavior in order to eliminate sexual assault and other inappropriate behavior."

Anderson was found not guilty of committing two other assaults consummated by battery under Article 128 and one other kidnapping in violation of Article 134.

According to Capt. Ewa Dawson, 49th Wing chief of military justice, Anderson elected to have the trial heard by military judge alone instead of a panel of officers.
Anderson has the option to appeal the conviction.

Lt. Col. Marvin Tubbs II from the Air Force Trial Judiciary presided over the court-martial and sentencing. He was selected by the Central Docketing Office based upon his experience, the nature of the case and his availability. Capt. Peter Havern from Nellis Air Force Base, Nev. served as the senior trial counsel with Dawson assisting with prosecution of the case for the government.

Anderson was represented by a military and civilian attorney. Leonard Morales, a civilian attorney from El Paso, Texas and Capt. Trenton Norman from Randolph Air He was arraigned Feb. 9, 2015 followed by a hearing for pre-trial motions. The trial took place from April 20 to April 22. Anderson faced a maximum punishment of life
in prison without a chance of parole.

"The military justice system is fair and just. We ensure our military personnel are
held to high standards and are made accountable for their actions," Kiebler said. "In
keeping with good order and discipline, military personnel must strive for an environment where professional values and respect define how we treat one another
throughout our Air Force Family."

The UCMJ was established in 1951 as the law that governs military personnel.
Unlike civilian courts, which use Article III of the Constitution, for their authority to
prosecute, the UCMJ derives its authority from Article I of the Constitution and the laws passed by Congress.