Lead military witness describes 2003 events in Marine sex case

[thedrifter]

Lead military witness describes 2003 events in Marine sex case





By Rick Rogers
UNION-TRIBUNE STAFF WRITER

March 18, 2004

CAMP PENDLETON ? A friendship turned carnal or into a predatory sexual assault.

A military jury heard testimony yesterday supporting both scenarios in the court-martial of Marine 1st Lt. Tara M. Burkhart.

Burkhart, 31, is charged with sodomy, fraternization with an enlisted man, conduct unbecoming an officer and allowing Marines in her charge to drink alcohol and store weapons and ammunition under a bed in Kuwait City on May 15-16, 2003.

She could be sentenced to up to 26 years in prison if convicted on all counts.

The government wasted no time in trying to convince the 11-member jury of Marine officers that Burkhart is not rape victim her attorney says. It called its star witness first ? Cpl. Jose Montes ? who was given immunity in exchange for testifying against Burkhart.

Montes, 25, a married Marine who was working for Burkhart in the public affairs office, testified that their sexual encounter in Kuwait City in May was part of a relationship that had been growing intimate since mid-February.

Montes testified that he and Burkhart had talked about sex and had slept in the same hotel room in the weeks leading up to an alleged fondling incident in a hot tub May 15.

"I thought that this was unbelievable. An unusual occurrence," Montes said when asked to comment on his allegations that Burkhart had fondled him with her foot in the hot tub.

Later that evening and early the next day, Montes said, he and Burkhart had sex.

Burkhart and Montes were part of a six-person group ? mostly from the Camp Pendleton-based 1st Force Service Support Group ? that accepted an invitation from a Persian Gulf TV producer to stay at his apartment in Kuwait City and attend a party where alcohol would be served. All charges stem from incidents surrounding that party.

"So did you think that the relationship you had with Lieutenant Burkhart was leading up to this night?" lead prosecutor Maj. Leon Francis asked.

"Yes, sir," Montes answered.

But Montes took some hits during questioning by defense attorney David Brahms.

Montes had been in trouble before. He once was punished for making a false official statement about a barracks fight.

In January, the Naval Criminal Investigative Service began investigating a Navy reservist's accusations that Montes raped her not long after the alleged incident with Burkhart.

Montes says sex acts with the 43-year-old reservist and Burkhart were consensual.

Prosecutors said Montes' immunity would not protect him if he were charged with another crime.

Under questioning by Brahms, Montes said he had to wake up Burkhart to have sex, and she had stopped the encounter on three occasions because of guilt.

In a court-martial, jury members are allowed to ask witnesses questions. The panel of nine men and two women asked Montes ? through military judge Lt. Col. Steven Immel ? if he understood at the time that he was risking two military careers by his actions.

"Yes, sir."

"Why didn't you leave?" Immel asked.

"I don't know," Montes answered.

The court-martial is scheduled to continue today.



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Rick Rogers: (760) 476-8212; rick.rogers@uniontrib.com

http://www.signonsandiego.com/news/..._1mc18burk.html


Ellie