In this July, 24, 2013 photo released by the U.S. Navy Football team, Midshipmen Josh Tate is shown. A hearing has begun to determine whether Tate and two other former U.S. Naval Academy football players will face a court-martial on charges that they sexually assaulted a female midshipman (AP/U.S. Navy Football)
ANNAPOLIS, Md. (AP) - A lawyer for a U.S. Naval Academy student accused of sexual assault is asking a federal judge to remove the superintendent from deciding who will serve on a court-martial panel that will decide the case.
Jason Ehrenberg, an attorney for Midshipman Josh Tate, wrote in the court filing submitted Tuesday night that Vice Adm. Michael Miller decided to refer the case to a court-martial, despite recommendations from an investigating officer and Miller's own senior counsel not to do so.
Ehrenberg filed the motion to intervene as part of a lawsuit brought by the alleged victim's lawyer, who also sought Miller's recusal.
Last week, U.S. District Judge Ellen Hollander said she could not find grounds for a federal court to interfere with a pending investigation in military court.