Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 9, 1994 TAG: 9402090207
SECTION: NATL/INTL PAGE: A1 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press Note: above
DATELINE: NORFOLK LENGTH: Medium
The decision by Navy Capt. William T. Vest Jr. means the Navy would have to start from the beginning if it intends to pursue the cases stemming from the 1991 Tailhook aviators' convention against Cmdrs. Thomas R. Miller and Gregory Tritt and Lt. David Samples.
Vest concluded that Chief of Naval Operations Frank Kelso, the Navy's highest-ranking admiral, used ``unlawful command influence'' to ``manipulate the initial investigative process and the subsequent [discipline] process in a manner designed to shield his personal involvement in Tailhook `91.''
Vest said Kelso's actions had significant influence on decisions by Vice Adm. J. Paul Reason, who was appointed to oversee the investigation. Vest disqualified Reason as the convening authority for Tailhook courts-martial.
Vest concluded that Kelso was on the third floor of the Las Vegas Hilton on the Saturday night of the convention and that he witnessed misconduct. The third-floor hallway of the Hilton was where a gantlet of men began grabbing women as they passed.
Kelso, who was investigated and received a letter of caution but was allowed to keep his job, testified in November that he didn't go to the third floor Saturday night. He was there Friday night, he said, but didn't see any misconduct.
``This court specifically finds Admiral Kelso visited the third deck patio at sometime during the evening hours'' of Saturday, Vest said in his ruling. ``This court further finds Admiral Kelso was exposed to incidents of inappropriate behavior while on the patio on Saturday evening, including public nudity and `leg-shaving' activities.''
Kelso did not immediately return a telephone call seeking comment.
Lt. Cmdr. Steve Pietropaoli, a Navy spokesman, said the Navy had just received the decision and would have no immediate comment.
No one has suggested that Kelso was directly involved in wrongdoing. But at a series of hearings that ended in December, numerous witnesses testified they saw Kelso on the third floor on Saturday night.
In his ruling, the judge also strongly criticized Navy leaders for ignoring warning signs from previous meetings of the Tailhook Association.
The investigation of the 1991 Tailhook convention cited 83 instances of assault or similar misconduct against women, and seriously tarnished the ``Top Gun`` image of Navy and Marine Corps aviators.
About 140 Navy and Marine officers were recommended for discipline but no action was taken against more than half of them. More than 50 fliers received administrative discipline. One charge is pending against a Marine aviator.
Vest said administrative action still could be taken against the three officers. All three, who maintain their innocence, said they would reject administrative punishment.
``I think it's the end, but it's hard to tell,'' Tritt said.
But Samples said, ``I'm not happy. I'm still not happy. It's still not over. I don't have a career.'`
by CNB