Judge won't intervene in Naval Academy case

4:49 PM, Oct 7, 2013   |    comments
U.S. Navy Midshipmen Eric Graham, left, Tra'ves Bush and Josh Tate. The U.S. Naval Academy football players are facing court martial charges that they sexually assaulted a female midshipman. CREDIT: U.S. Navy via AP (Photo: U.S. Navy via AP)
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BALTIMORE (AP) - A federal judge in Baltimore says she won't order the U.S. Naval Academy superintendent to recuse himself from deciding whether three midshipmen face a court-martial in a sexual assault case.

U.S. District Judge Ellen Hollander said Monday she did not find grounds for the court to interfere in the separate military court proceeding.

Susan Burke, an attorney for the alleged victim in the case, sought to have the court remove Vice Adm. Michael Miller from deciding whether the case goes forward. She says Miller is angry at her client for making the case public and biased against her.

But Hollander noted that it would be unprecedented for the federal court to interfere with an ongoing Navy investigation in a separate court system.

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