army judge
Super Moderator
FORT CAVAZOS — A military judge has ruled "not guilty" in the case of a Carl R. Darnall Army Medical Center psychiatrist who was accused of raping a Temple woman in 2022.
U.S. Army Capt. Arne H. Eliasson II was acquitted on two counts of sexual assault of the Uniformed Code of Military Justice just before noon Thursday, bringing a two-year investigation and court case to a close.
Eliasson was initially arraigned at III Armored Corps in February on two violations of UCMJ Article 120, Sexual Assault, which carries a penalty of dismissal from service and up to 30 years confinement. The court-martial started Wednesday morning and concluded Thursday.
The charges stemmed from an alleged incident on July 3, 2022, at the woman's apartment in Temple, where she said he raped her after she told him she didn't want to engage in sexual activity.
The Herald does not generally name complainants in sexual assault cases.
Eliasson and the woman began seeing each other in June of that year after connecting on the dating app Tinder, and had gone on at least one date before on June 28, according to her testimony and text messages gathered from cellphones. Later that night, the two met at a hotel and engaged in sexual activity, during which she said Eliasson first crossed a line by inserting a finger into her anus.
In text conversations over the following days, they discussed boundaries for sexual activity.
Army judge advocates prosecuting the case argued that the accuser "immediately and clearly" communicated her limits and boundaries to Eliasson, establishing that certain acts required discussion beforehand.
On July 3, the two agreed to go on another date, but the woman texted Eliasson that she was not willing to do anything sexual. When they got to her apartment, she testified that he began kissing her and touching her private parts as she told him, "I already told you I'm not doing anything tonight," before removing his pants and pushing her head toward his penis.
The woman further stated that she complied because she had been afraid for her life.
In addition to the accuser's testimony, Army prosecutors introduced evidence from a Temple nurse who examined her two days later and a Temple Police Department detective who handled the case on the civilian side.
Eliasson's defense attorney presented a different narrative, deriving evidence from text messages and the accuser's interviews with investigators to discredit her testimony.
Defense co-counsel Joseph Jordan argued that the woman had been enamored with his client, and that the discussion of boundaries amounted only to "preferences." He also implied that she made the allegation about Eliasson after being embarrassed that she could not please him sexually.
Jordan said the inconsistencies between testimony and previous interviews, combined with the messages, added up to "reasonable doubt," or the high standard for conviction in military courts-martial.
Army judge Col. Javier Rivera-Rosario deliberated for almost two hours before returning the verdict. Eliasson opted to have the judge rule the case instead of a panel of officers.
After the acquittal, the defense and the accuser made statements to the Herald. Representatives of the Army Judge Advocate team did not respond to a request for comment before publication.
"I think justice was done," Jordan said following the acquittal. "(The accuser) was shown to be a liar."
The accuser made the following statement:
"My rapist was able to walk today and continue practicing medicine, treating patients with mental illness and disabilities, potentially raping more people, possibly those who won't even remember and cannot testify against him in the future. The evidence stacked against him was so black and white, but because there was no DNA evidence for the judge to back up a conviction, and the United States government was unable to prove 'beyond the shadow of a doubt', this 'man' is still free and able to use his medical degree, which the Army paid for, to manipulate and trap more women and rape them."
Eliasson is stationed at Fort Cavazos for a four-year psychiatric residency, according to a physician-in-training permit issued by the Texas Medical Board.
kdhnews.com
U.S. Army Capt. Arne H. Eliasson II was acquitted on two counts of sexual assault of the Uniformed Code of Military Justice just before noon Thursday, bringing a two-year investigation and court case to a close.
Eliasson was initially arraigned at III Armored Corps in February on two violations of UCMJ Article 120, Sexual Assault, which carries a penalty of dismissal from service and up to 30 years confinement. The court-martial started Wednesday morning and concluded Thursday.
The Herald does not generally name complainants in sexual assault cases.
Eliasson and the woman began seeing each other in June of that year after connecting on the dating app Tinder, and had gone on at least one date before on June 28, according to her testimony and text messages gathered from cellphones. Later that night, the two met at a hotel and engaged in sexual activity, during which she said Eliasson first crossed a line by inserting a finger into her anus.
In text conversations over the following days, they discussed boundaries for sexual activity.
Army judge advocates prosecuting the case argued that the accuser "immediately and clearly" communicated her limits and boundaries to Eliasson, establishing that certain acts required discussion beforehand.
On July 3, the two agreed to go on another date, but the woman texted Eliasson that she was not willing to do anything sexual. When they got to her apartment, she testified that he began kissing her and touching her private parts as she told him, "I already told you I'm not doing anything tonight," before removing his pants and pushing her head toward his penis.
In addition to the accuser's testimony, Army prosecutors introduced evidence from a Temple nurse who examined her two days later and a Temple Police Department detective who handled the case on the civilian side.
"This is a case about boundaries and limits," prosecuting co-counselor Capt. John Architzel said in closing arguments Wednesday. "The accused broke those boundaries and violated those limits."Eliasson's defense attorney presented a different narrative, deriving evidence from text messages and the accuser's interviews with investigators to discredit her testimony.
Defense co-counsel Joseph Jordan argued that the woman had been enamored with his client, and that the discussion of boundaries amounted only to "preferences." He also implied that she made the allegation about Eliasson after being embarrassed that she could not please him sexually.
Jordan said the inconsistencies between testimony and previous interviews, combined with the messages, added up to "reasonable doubt," or the high standard for conviction in military courts-martial.
Army judge Col. Javier Rivera-Rosario deliberated for almost two hours before returning the verdict. Eliasson opted to have the judge rule the case instead of a panel of officers.
"I think justice was done," Jordan said following the acquittal. "(The accuser) was shown to be a liar."
The accuser made the following statement:
"My rapist was able to walk today and continue practicing medicine, treating patients with mental illness and disabilities, potentially raping more people, possibly those who won't even remember and cannot testify against him in the future. The evidence stacked against him was so black and white, but because there was no DNA evidence for the judge to back up a conviction, and the United States government was unable to prove 'beyond the shadow of a doubt', this 'man' is still free and able to use his medical degree, which the Army paid for, to manipulate and trap more women and rape them."
Eliasson is stationed at Fort Cavazos for a four-year psychiatric residency, according to a physician-in-training permit issued by the Texas Medical Board.
Fort Cavazos doctor acquitted on sexual assault charges
FORT CAVAZOS — A military judge has ruled “not guilty” in the case of a Carl R. Darnall Army Medical Center psychiatrist who was accused of raping a Temple woman
