ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Tuesday, February 4, 1997 TAG: 9702040093
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
COLUMN: What's On Your Mind?
SOURCE: RAY REED
Q: Why was the West Point cadet who was court-martialed on a charge of rape tried in a military court?
The rape was reported in New Jersey in a civilian home, not on military or government property, so it doesn't appear to fall under the Uniform Code of Military Justice.
D.C., Blacksburg
A: Both the accused and the victim are cadets at the U.S. Military Academy and are in the Army.
They're both subject to the Uniform Code of Military Justice - meaning the defendant can be court-martialed.
New Jersey hasn't closed the book, though. The state has concurrent jurisdiction in a felony that's committed by military personnel who are off post.
The prosecutor in Suffolk County, N.J., said he wanted to see the transcripts of the court-martial in which Cadet James Engelbrecht was found innocent last month.
Three factors are being considered, prosecutor Dennis O'Leary said. First, would a trial in New Jersey be double jeopardy since a criminal prosecution already has occurred? Second, do the victim and her family want to pursue the matter? And finally, is there a case to prosecute?
According to Roger Groot, a criminal law professor at Washington and Lee University, the case may be prosecuted again in state court. Double jeopardy does not occur because the state and military courts are separate jurisdictions, he said.
Background information: Engelbrecht and the woman, both juniors at West Point, attended a party in a private home in Stockholm, N.J., during Memorial Day weekend to celebrate the end of the academic year.
A jury of seven male officers acquitted Engelbrecht of rape on Jan. 24. In testimony, the victim said she was intoxicated and did not consent to sex; he testified that she initiated it. Other witnesses did not support her story.
Sweet caution
Q: My father, who is on a strict no-sugar diet because of diabetes, received a gift box of candy that said "sugar-free" on front of the box. But the ingredients on back listed "16 grams of sugar from alcohol." I asked a pharmacist if this was safe for my father and he said he had no idea. Can diabetics eat this candy safely or not?
L.S., Moneta
A: Your description indicates the candy is sweetened with an alcohol derivative. Sorbitol is one example of an alcohol-based sweetener. There are others too.
This response comes from the American Diabetes Association spokeswoman in Roanoke:
"Our recommendation always has been that diabetics not eat that sugar substitute without their physician's approval."
NutraSweet is more widely accepted as a sugar substitute for diabetics, but patients still should check with a physician.
Got a question about something that might affect other people, too? Something you've come across and wondered about? Call us at 981-3118. Or, e-mail Ray@Roanoke.Infi.Net. Maybe we can find the answer.
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