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2B Daily News – Friday, October 11, 2013 ex-Navy football players Overton off to a strong start to to face court-martial ANNAPOLIS, Md. (AP) — Two U.S. Naval Academy midshipmen will face courts-martial in an alleged sexual assault at an off-campus party while a third will not, the academy's superintendent decided on Thursday. All three midshipmen were former Navy football players. Vice Adm. Michael Miller referred Midshipmen Eric Graham and Joshua Tate for courts-martial even though attorneys for the men said a military judge recommended none of the cases should move forward. Graham, of Eight Mile, Ala., is charged with abusive sexual contact. Tate, of Nashville, Tenn., is charged with aggravated sexual assault. Both also are accused of making false statements. Midshipman Tra'ves Bush, of Johnston, S.C., who had been charged with aggravated sexual assault, will not face trial. The alleged victim, a fellow midshipman who was drinking at the April 2012 party, has said she doesn't remember much about the night, and only heard about the sexual encounters later from other people. She initially did not want to pursue charges and even asked one of the defendants not to cooperate with investigators in the days following the party, according a phone recording played at a preliminary hearing last month. The academy did not provide details about why Bush wouldn't face trial. The alleged victim testified at the hearing that they had consensual sex before the night of the party. Her attorney also said testimony from witnesses about the alleged victim's level of intoxication did not come across strongly enough during her encounter with Bush earlier in the evening of the party. The Associated Press generally does not name alleged victims of sexual assault. The case has drawn considerable attention at a time when the White House, Congress and the Pentagon are focusing on sexual assaults in the military. Attorneys for the midshipmen who will face courts-martial said Cmdr. Robert Monahan, who presided over the hearing, recommended the charges be dismissed. ''Obviously, we are disappointed that Vice Adm. Miller has chosen to disregard the recommendations, and we believe it's most likely the result of public pressure,'' said Ronald Herrington, Graham's lawyer. ''However, we believe we have the truth on our side, and we look forward to having the opportunity to show that Midshipman Eric Gra- ham is not guilty of a crime.'' Jason Ehrenberg, an attorney for Tate, said he was disappointed, but they are confident Tate will be cleared. Andrew Weinstein, Bush's attorney, said the allegations against his client were unsubstantiated. ''Midshipman Bush is a young man who has committed his life to the protection of our country and, with these criminal charges now behind him, he looks forward to continuing his loyal and devoted service,'' Weinstein said. Academy spokesman Cmdr. John Schofield said Miller's obligation was to review the findings and recommendations, and ultimately it's up to him. ''The convening authority decision is not based on the probability of a successful prosecution,'' Schofield said. ''Rather, it is the convening authority's responsibility to independently evaluate evidence and determine if reasonable grounds exist that a crime has been committed by the accused.'' Monahan's report is not a public record until the case is concluded, Schofield said. Susan Burke, an attorney for the alleged victim, said she was pleased and reiterated her criticism of how the military justice system handles sexual assault cases. During the Article 32 hearing that ended last month, Burke said her client was subjected to abusive badgering from defense teams for long hours. The alleged victim said multiple times during the eight-day hearing that she was too tired to continue testifying, and her testimony was delayed at times. Burke sued in federal court seeking to remove Miller from deciding whether the case would move forward, but a federal judge this week found no grounds to intervene. ''We continue to believe that Congress needs to overhaul the military justice system,'' Burke said. ''It is clear that the abusive Article 32 process needs to be fixed.'' In May, President Barack Obama emphasized the importance of stamping out sexual assault during his speech to this year's graduating class. Burke, an outspoken lawyer who has represented more than 200 sexual assault victims, has said the academy tried to sweep the case under the rug to protect its reputation. The academy and an NCIS agent have said an investigation was vigorously pursued. new season SAN MARTIN (AP) — Coming off his worst year, Jeff Overton opened the new PGA Tour season on a good note. Once he finally made a putt Thursday in the Frys.com Open, Overton felt as if he couldn't miss. Over the last 11 holes at CordeValle, he made three birdie putts over 25 feet and a 20-foot eagle putt when his gamble paid off on the par-5 ninth. He finished with a tap-in birdie on the 18th for a 7under 64 and a two-shot lead over the early starters. ''It really helps if you can get off to a good start,'' Overton said. ''It would be great if we can continue this thing and keep it rolling.'' Kyle Stanley had a 66. Michael Putnam, who won the Web.com Tour money title last season to earn full status, was among those at 67. John Peterson was challenging for the lead until finishing with two bogeys for a 68. The PGA Tour season is starting in October instead of January for the first time in history. The official season ends next September at the Tour Championship, although there will be a six-week break leading to the Tournament of Champions in Hawaii. Officially, it was the start of the 2013-14 season Thursday. It was different from previous ''season openers'' in Kapalua. The temperature was struggling to climb past 50 degrees when Bryce Molder, wearing rain pants to cope with the morning chill, hit the first shot of the year. He yanked it left and nearly couldn't find it, which would have meant going back to the tee to his third short. The fairways weren't 80 yards wide. And it wasn't a tropical 80 degrees. Jhonattan Vegas felt even worse. He was on the putting green, in the third group, when he had to use the bathroom. He thought he had plenty of time. He was wrong. Vegas was a few seconds later to the tee box, meaning a two-shot penalty. His first swing of the new season technically was for birdie from 412 yards away. He made par, plus two shots for a double bogey. ''I was just caught off guard,'' he said. ''It never crossed my mind I would be late to the tee. I made a mistake and I paid the price. It's not an easy way to start the year'' He opened with a 76. Overton, who remains the only American to play in the Ryder Cup without ever having won on the PGA Tour, had a year in which just about everything went wrong. He didn't play in any of the majors for the first time since 2007. He was disqualified from Colonial when he thought he could use a training aid to practice putting when there was a delay at the turn. He opened with a 69 in the John Deere Classic and had to withdraw when he felt shooting pain in his right wrist. And he was the alternate who didn't get in the PGA But Navy athletic director Chet Gladchuk said earlier this week he was still providing information to Pen- Championship, leading to a series of angry tweets tagon officials that showed no government funds would toward the PGA of America for not giving him an be used for Navy to play its game at Duke, and that the exemption to a guy who played in the Ryder Cup at school would be breaking a contract by not playing the Wales three years earlier. Overton said only that ''everything is all good'' game. A Navy spokesman said earlier Thursday that the Midshipmen were scheduled to travel to Durham, when asked about his relationship with the PGA of America. N.C., on Friday. He hopes the same can be said about his game this The games are largely paid for with funds that come from outside sources and are not approved through year, especially after spending the last few months moving to a stronger grip to alleviate recurring pain in Congress. Air Force announced yesterday that its football his left wrist. It worked beautifully on a sunny day in Mountain West Conference game Thursday night the foothills south of San Jose, especially the baby cut against San Diego State would be played. Air Force he hit into 20 inches on the 18th. The most important shot he hit all day might have had to postpone some Mountain West women's volleybeen a 6-foot putt for par on the seventh. ball and soccer matches last weekend. Overton hit the ball so well on the first six holes that Army hosts Eastern Michigan in football on Saturday at West Point, N.Y. Army and Navy are indepen- he had only one birdie attempt longer than 15 feet and missed everything. But he made the par putt on the sevdents in football, not members of a conference. enth, and seeing the ball go into the hole was all it took he allowed consecutive sin- was a breezy Bay Area night to send him on his way. ''Next I knew, I made everything,'' he said. ''I saw gles to Victor Martinez and and 19 degrees cooler at first Jhonny Peralta. Omar pitch than the 82 degrees in the ball go in the hole one time, and was just chipping Infante then drove in the a game starting an hour later and putting it in — just everything. It was just one of those days that went my way at the end.'' third run with a fielder's Saturday night. He all had a gamble pay off, hitting 3-wood into the choice grounder off Dan This marks another dis- breeze from 244 yards to a green guarded by water. He Otero. appointing exit for the lowAlong the 880 freeway budget A's, who have base- aimed right and caught it perfectly with a draw, and the just outside the Coliseum, a ball's 27th smallest payroll ball settled 20 feet away to set up eagle. billboard blared: ''IT'S at $71.1 million after having pletely off,'' Fitzgerald ALWAYS SONNY IN THE the lowest at $59.5 million told Arizona reporters. TOWN.'' The only thing last year. Boldin has spoken sunny was the outfield for Both managers tweaked (Continued from page 1B) fondly of his time in Arithe early evening start, which had players shielding their lineups, most notably San Francisco will set- zona, though he was in no their eyes to deal with tricky in the middle infield with tle for what Boldin has mood to reminiscence this shadows and sun angles. Peralta back at shortstop for done on the field for now. week. Even though he has Center field and right field Detroit and the A's Alberto Boldin's production Callaspo playing second this season has been tied played for three different initially played in bright sun. Rookie starters have lost base in his first career post- mostly to the health of teams, he said his career tight end Vernon Davis, has stayed on track since their last six winner-take-all season start. he was selected in the secpostseason games since Peralta, who served a 50- who has 14 receptions for 224 yards and four touch- ond round out of Florida Daisuke Matsuzaka beat game suspension until late State in 2003 by the CarCleveland in the 2007 September for his ties to the downs. Boldin's best games dinals. ALCS for Boston. Biogenesis clinic accused of ''Me being drafted at Gray's curveball had less distributing performance- have come when Davis played — and played well Arizona didn't change break and he never found enhancing drugs, hit a threethe same groove that carried run homer in Game 4 to help — to ease the pressure what my expectation is,'' from the constant double Boldin said. ''It's played him in his playoff debut. It extend Detroit's season. teams defenses throw at out pretty much the way He had passes picked off yards receiving and a one of them. that I thought it would.'' on the first two posses- touchdown for New York. That was a familiar NOTES: LB Patrick sions, with Jennings' 48- Brandon Jacobs, starting script during Boldin's Willis, who sat out the last yard TD coming on the for the injured David Wil- time in Arizona, too. He two games with a groin second one. son, ran for 106 yards and teamed with Cardinals injury, said he felt ''amazwideout Larry Fitzgerald ing'' at practice WednesRueben Randle had 75 two scores. to form one of the NFL's day. ''Lord's will, I'll be groundwork was being times it goes down to the best tandems. ready to go on Sunday,'' laid for what's turned into last game,'' Klinsmann The two still found Willis said before particia strong World Cup quali- said. ''If you make it earli- success without each pating in Thursday's pracfying run. The U.S. has er, it's great, but there will other. And they remain tice. ... Roman said it's won three of its last four never be a perfect two- friends off the field, ''possible'' WR Mario matches in the hexagonal, year stretch in the process. including going to Africa Manningham will practice including its dominant 2-0 There will be some on a relief mission this next week when he's elivictory over rival Mexico defeats. We'll try out some offseason. But Sunday gible to come off the on Sept. 10. things that don't work. But will be different. physically unable to per''This will probably be form list. ... 49ers DT Ray ''We always talk about I think we've become the marathon in World much more consistent in the first time that I don't McDonald (biceps) did want to see him go com- not participate in practice Cup qualifying, and some- our entire program.'' Military academy sports to go on WASHINGTON (AP) — Defense Secretary Chuck Hagel has decided that football games and other sports will go on at the military service academies this weekend, and continue through the end of the month, despite the government shutdown. Pentagon spokesman Col. Steve Warren says that Hagel will reassess the issue later this month if Congress has still not passed a budget to fund the federal government. Warren says that Hagel consulted with Pentagon lawyers and military leaders. He says the academies could have faced fines if the games were canceled. The regular football season runs through the early December. Army and Navy play their traditional rivalry game on Dec. 14. Last week the Pentagon allowed the academies to play their weekend games. Officials at the schools were hopeful games would go on this weekend and prepared as if they would. A'S (Continued from page 1B) turning again to Verlander, who went 13-12 this season. When asked before the game about his bullpen availability, Leyland nodded his head and quipped, ''Verlander, he's available.'' Gray, meanwhile, looked overmatched this time. He wiped his brow and never looked comfortable. A's manager Bob Melvin went with Gray over 18game winner and 40-yearold Bartolo Colon, who yielded three first-inning runs to lose Game 1. These Game 5s becoming awfully familiar for both sides in their recent October rivalry. Detroit held another clinching party in the visiting clubhouse of the Oakland Coliseum, where a rau- cous crowd of 46,959 swirled yellow towels until Benoit threw his hands in the air at the final out. Catcher Alex Avila met Benoit in front of the mound for a long embrace as their teammates quickly joined them — with cheers of ''Let's go Oakland!'' still ringing out. The Tigers came together near the mound for a unique chant in which they squatted in unison and raised their hands in the air. The 93-win Tigers are determined to take the next step and win a championship after being swept in four games of the 2012 World Series by the San Francisco Giants. The 23-year-old Gray, pitching to chants of ''Sonny! Sonny!'' in his 12th career start, returned for the sixth inning at 92 pitches but was done once completed 14 of 26 passes for 239 yards and a touchdown, but he ran his (Continued from page 1B) league-leading total to 15 Manning, the owner of interceptions while matchtwo championship rings, ing last season's number. BEARS CUP (Continued from page 1B) always it is what it is. We make the best of it and we still have the same objectives.'' The U.S. team is perhaps better suited to deal with the sudden rash of injuries than any other time in Klinsmann's tenure. One of his greatest laments when he took over the national team in July 2011 was the lack of depth throughout the roster. Along with adapting to Klinsmann's style of play, that was one reason why the U.S. struggled early on, losing four times in his first six games. But the 49ERS