Reporter Defies Air Force Subpoena

Air Force prosecutors have dropped charges against an airman accused of taking part in the gang-rape of a fellow service member. The decision also means that a subpoena served to Denver Post reporter Miles Moffeit has been dropped.

Moffeit and fellow Post reporter Amy Herdy wrote about the alleged victim (Leah Kaelin, an 18-year-old woman who had said she was gang-raped at Sheppard Air Force Base in Texas by four fellow airmen in June 2003) in a March 12, 2004, story, "Delays on rape-case evidence bring new scrutiny to military."

Defense attorneys for Matthew Monroe had subpoenaed Moffeit's "notes, memoranda, videotapes, audiotapes and any other information and documents" earlier this month.

Moffeit reported the dismissal in an article in yesterday's Post:

Leah Kaelin, who alleged she had been assaulted by Matthew Monroe and three other airmen at a hotel last year, decided "not to go forward with a criminal proceeding," according to a news release issued by Sheppard officials. Kaelin was not available for comment. Monroe and his lawyers could not be reached. "The alleged victim concurred with a result that did not include a court-martial," according to the statement from Sheppard. The airman's punishment will be handled administratively by commanders, said Mike McKito, spokesman for the base. He also disclosed that the other men will not face criminal charges but did not elaborate on the reasons. Monroe's punishment - and any other administrative disciplines given to the others - will remain confidential because they are protected by federal privacy laws, McKito noted. Administrative penalties are a common disposition of rape cases in the military, according to research by the Denver Post.