I found the real story here:
Coast Guard rape conviction overturned after court's scathing attack on women-packed jury
The nation’s highest military court has thrown out the 2012 rape conviction of a Coast Guard enlisted man because admirals and prosecutors packed the seven-member jury with five women, four of whom held jobs as advocates for victims of sexual assault.
In a 5-0 ruling that could change how the military conducts sex abuse trials, the U.S. Court of Appeals for the Armed Forces unleashed caustic criticism of all involved.
From the Coast Guard commandant down to an appellate court to the original trial judge, the high court said all contributed to a “stain on the military justice system.” The military has been under intense pressure to wipe out sexual harassment and assault, the five civilian judges noted.
The opinion, delivered by Judge Margaret A. Ryan, said the four admirals who played a role in assembling the officer and enlisted jury pool produced an illegal “gender-based court stacking.” She suggested that the admirals’ role amounted to unlawful command influence, which military law analysts see as the enemy of fair trials for service members.
The court ruling said the trial judge “failed to conduct even a rudimentary investigation” into defense attorneys’ complaints of an unfair jury.
It also said the Coast Guard Court of Criminal Appeals failed in its duty to protect against unlawful command influence as it “rationalized the error away as a benign effort to seek inclusiveness.”
“Yet the error in this case is both so obvious and so egregious that it adversely affected not only Appellant’s right to a fair trial by an impartial panel, but also the essential fairness and integrity of the military justice system,” Judge Ryan and the four other judges wrote.
Even worse, the high court suggested that the enlisted man never would have been convicted by a more gender-proportionate jury. It said the evidence was so weak that a hearing officer had recommended dismissing the charges. The admiral overseeing the case overruled him.
“The Government’s case was weak, primarily based on the testimony of [name redacted], the putative victim, who was unable to remember many of the events surrounding the crime due to alcohol use and whose testimony was controverted by other witnesses at trial,” the opinion read.
One of the admirals involved in jury selection is Coast Guard Commandant Paul F. Zukunft. He was the last of four convening authorities of the rape trial.
Adm. Zukunft told a hearing judge that he was unaware of jury stacking. The appeals court rejected his excuse.
“As our cases on court stacking make clear, the actual ignorance of the convening authority does not insulate him or her from the errors or misconduct of his or her subordinates, which are errors affecting the court-martial selection process and court stacking nonetheless,” the opinion read.
“As we stated long ago, even reasonable doubt concerning the use of improper panel selection criteria will not be tolerated in the military justice system,” it read.
The high court judges harshly criticized all involved, implying that their goal was to win a conviction.
The high court judges harshly criticized all involved, implying that their goal was to win a conviction.
“The salient facts paint a clear picture of court stacking based on gender in an atmosphere of external pressure to achieve specific results in sexual assault cases,” the ruling read. “Against that backdrop, purposefully selecting a panel that is seventy percent female, most of whom are victim advocates, from a roster of officers that was only twenty percent female and a pool of enlisted that was only thirteen percent female, smacks of a panel that was ‘hand-picked’ by or for the Government.”
https:// www.washingtontimes.com/news/2018/jan/28/women-packed-court-gets-coast-guard-rape-convictio/