OSAN AIR BASE, South Korea — An Air Force captain accused of bilking the government out of $13,000 in housing allowances was acquitted on all charges Wednesday by a military judge here.
The Air Force accused Capt. Cho Cho Lassey, a 51st Fighter Wing legal office lawyer, of giving a wrong address as her husband’s residence so she could receive housing allowances at a higher rate.
Moments after Lt. Col. Rodger A. Drew, the presiding judge, called the court to order Wednesday morning, he announced his verdict.
“Capt. Cho Cho Lassey, this court-martial finds you of all charges and specifications not guilty,” Drew said, setting off cries of relief from Lassey and her friends, who had attended each proceeding.
Lassey requested trial by a military judge alone rather than by jury.
Frank J. Spinner, Lassey’s civilian defense lawyer, had labeled the prosecution’s case “circumstantial,” and throughout the hearings argued the government was drawing the wrong conclusions about her housing allowances.
Spinner, of Colorado Springs, Colo., told the judge Lassey had made an honest effort to follow the rules as she understood them and never intended larceny. He said the prosecution failed to bring “direct evidence of Capt. Lassey’s intent to deceive or to steal.”
“The problem,” Spinner told Stars and Stripes after the verdict, “was one of, ‘what inferences do you draw?’” from the facts surrounding Lassey’s housing allowance payments.
“There was an innocent explanation for how she received that money and that she in fact didn’t realize that” the payments were amiss, Spinner said.
In addition to Spinner, Lassey was represented by Air Force Capt. Shane Cohen, deputy chief circuit defense counsel for the Pacific Circuit, out of Yokota Air Base.
In laying out their case Monday, prosecutors said Lassey allegedly gave a Los Angeles address for her husband, who was actually living in France. The Air Force accordingly paid out housing allowance at the Los Angeles rate. And, the prosecution said, Lassey allegedly spurned warnings from fellow Air Force lawyers in South Korea that her housing allowances were improper.
“This is a case about lies and fraud,” the prosecution told the judge.
Prosecuting Lassey were Maj. Matt Jarreau, trial counsel, of Yokota Air Base, Japan, and Capt. Jeff Scoular, assistant trial counsel, assigned to the 51st Fighter Wing staff judge advocate’s office here.
Prosecutors declined comment on the verdict.
Lassey faced up to 25 years and three months in prison, total forfeiture of pay and allowances, dismissal from the Air Force and possible disbarment as a lawyer, had she been convicted of the four charges against her: filing a false official statement, dereliction of duty, larceny and conduct unbecoming an officer.
Lassey, in a blue Air Force uniform, wept continually as she went from friend to friend, exchanging hugs after the verdict. Most were airmen in camouflaged duty uniforms and many were themselves wiping tears as they awaited their turn to hug Lassey or say a comforting word.
“It’s over,” one of them said in a tone of satisfaction.