One of two midshipman facing court-martial in the alleged sexual assault of a classmate asked a federal judge Wednesday to remove the U.S. Naval Academy’s superintendent from the case, saying he is biased against the defendants.
Joshua Tate, 21, of Nashville, filed a motion in federal court in Baltimore asking U.S. District Court Judge Ellen Hollander to take the case away from Vice Adm. Michael Miller, the academy’s superintendent. It is the second time Hollander has been asked to intervene in the case.
Miller last week referred Tate and Eric Graham, 21, of Eight Mile, Ala., to face court-martial over the recommendation of a military judge who presided over a preliminary proceeding known as an Article 32 hearing.
Tate is charged with sexual assault, and Graham is charged with abusive sexual contact. Both are also charged with making false statements. They face the possibility of imprisonment and expulsion from the academy.
