In court documents and depositions leading up the this week's trial, the Department of Justice has revealed that the person who alerted military officials to Witt's being gay was not the ex-lover but rather the ex-husband of her current lover, Laurie McChesney. And DOJ contends Witt became sexually involved with McChesney while McChesney was still married to her husband.
According to West's brief, Witt's unit commander recommended Witt be separated from the service: ''Among the reasons for this recommendation: plaintiff 'engaged in homosexual acts with . . . a married woman, on diverse occasions from on or about November 2003 to on or about January 2004….''
Because Judge Leighton has rejected Witt's attorneys' request to exclude the information that Witt's relationship with Laurie McChesney was, for a time, taking place while McChesney was still married to her husband, the DOJ will apparently attempt to justify Witt's discharge based on other conduct, in addition to her being gay.
''[A]n officer who engages in adultery risks compromising her stature as an officer,'' wrote West in his August 23 brief. ''The risks of such behavior were enunciated long ago by Congress in Articles 133 and 134 of the Uniform Code of Military Justice, which subjects officers regardless of sexual orientation to punishment for adultery in certain circumstances. By reducing those risks, plaintiff's discharge furthers unit cohesion, morale, and good order and discipline.''