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THE CAMPAIGN FOR THE ACCOUNTABILITY OF AMERICAN BASES (CAAB) |
WÜRZBURG, Germany — First Lt. Andrew Rutan looked unhappily into space
as a panel of his peers examined his secrets, projected as a slideshow on the
courtroom wall. Prompted by the Army prosecutor, a Criminal Investigation Command special
agent narrated as the photographs from the “My Pictures” folder of
Rutan’s Dell laptop computer popped over the heads of courtroom spectators
— vacation photos of German castles, pictures of friends clowning, another
soldier’s promotion ceremony. Then Special Agent James Siegmund reached a folder called “What I
Want,” with a subfolder called “Girlies.” Inside: 440 downloaded images
of naked or nearly naked girls, many in suggestive poses. Siegmund said he
calculated 320 met the legal definition of child pornography. Some of the jurors looked away. “This case isn’t about a vicious criminal or a lunatic,” said Capt.
Howard Matthews, the prosecutor in the court-martial. “It’s about a good
soldier — a soldier who has a secret obsession.” The six-officer panel found Rutan guilty of receipt and possession of child
pornography, and of conduct unbecoming an officer and a gentleman, but spared
his military career after he made an emotional plea to remain in the Army.
They gave him no jail time but ordered him formally reprimanded and fined $835
a month for 12 months. Commanders and co-workers said Rutan is stellar at his job. A 2000 graduate
of the U.S. Military Academy, he pilots an AH-64 Longbow Apache and is a troop
executive officer in the 6th Squadron, 6th Cavalry Regiment from Illesheim,
Germany. Defense attorneys handed jurors a thick notebook filled with
testimonials from friends and fellow soldiers, several of whom testified they
would unhesitatingly follow him to war. “He’s an outstanding officer,” said Lt. Col. Michael Barbee, the
squadron’s commander, testifying over an Internet Web camera hookup from
Iraq. “Of the 10 lieutenants I have in my squadron, he is one of the top
two.” Last fall, Rutan took his personal laptop along with him when the 6/6
Cavalry traveled to Poland for the monthlong Victory Strike III exercise. First Sgt. Tracey Lockwood testified he borrowed Rutan’s computer the
afternoon of Oct. 1. He said many officers – including Rutan — left their
computers unattended in the command tent, and soldiers felt free to borrow
them to play games or watch movies. Lockwood said he opened Rutan’s computer to show someone photographs of
the exercise. Unable to open the right folder, he said he started clicking on
others. One popped open, he said, revealing two photos of young girls nearly
naked. He said he reported the incident to Barbee who, after consulting with an
investigation command agent, seized the laptop and locked it up until the unit
returned from the exercise in late October. Rutan was charged after
investigation command computer experts discovered the images on his hard
drive. He stayed behind as part of the rear detachment when the 6/6 Cavalry
deployed to Kuwait in February for the invasion of Iraq. Rutan’s attorney, Capt. Jonathan Crisp, argued the young officer
collected the photos as art and naively believed the disclaimers on Web sites
that the photos complied with U.S. statutes. A defense expert said he thought
only about 20 of the images legally constituted pornography.