FORT HOOD, Texas(KXXV) — Former Army OB-GYN Major Blaine McGraw is set to appear in a military court at 9:30 a.m. for an Article 32 preliminary hearing at Fort Hood.
McGraw faces a total of 8 charges and 273 specifications involving 96 alleged victims stemming from his time at Carl Darnall Army Medical Center.
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An Article 32 hearing is similar to a civilian preliminary hearing and helps determine whether there is enough evidence to advance the case to a general court-martial.
McGraw previously waived his right to a preliminary hearing for the original charges filed against him last year. This hearing will address new charges filed in April.
The U.S. Army Office of Special Trial Counsel says McGraw faces allegations including sexual assault, indecent recording, and conduct unbecoming an officer.
As the military case moves forward, attorneys say there may also be different paths for victims seeking civil claims. Bill Rossick of the Carlson Law Firm explained the distinction between how military dependents and active duty members can pursue those claims.
"To a district court like a non-military member would be allowed to, right? So that's, there's a slight nuance there, uh, of how that actually works out if you're actually a military dependent, but the bottom line is both are allowed to actually make a claim, but in terms of where that, the pathway that goes, you know, if the military decides to deny the claim is different if you're a dependent versus a uh active duty member," Rossick said.
Attorneys say the criminal case and any possible civil cases serve two very different purposes. While the Uniform Code of Military Justice focuses on possible criminal punishment, civil attorneys say their focus is on helping alleged victims seek compensation.
"Dr. McGraw is, you know, in, uh, uh, you know, under the Uniform Code of Military Justice, there's a criminal case pending against him. The goal there is actually You know, jail confinement ultimately is what happens there. He, he loses his liberty, right? You know, the, the goal of any civil case, whether we're talking about one deal with Doctor McGraw, any medical malpractice case, or any kind of sexual assault case in the civil context is monetary compensation, right? So It real simple. The idea is here in terms of for these folks that were affected by Dr. McGraw's conduct at Fort Hood and Trippler is to get them some, the most military compensation or the most monetary compensation that we can, right? In terms of a humanistic standpoint, right? The goal is that their, uh, that, that monetary compensation is never gonna wipe, wipe away what Doctor McGraw did," Rossick said.
Bella Popadiuk is in the courtroom for today's hearing. Check back for updates on air and online.
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