Log Cabin Republicans v. United States of America et al

Filing 202

SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's First Amended Complaint #136 Regarding Application of Witt Standard of Review filed by Plaintiff Log Cabin Republicans. (Attachments: #1 Exhibit 1 to Supplemental Brief, #2 Declaration of Michael D. Almy with Exh A, #3 Declaration of Jenny L. Kopfstein, #4 Declaration of Anthony Loverde with Exh A, #5 Declaration of Joseph Christopher Rocha with Exh A, #6 Declaration of Stephen Vossler)(Woods, Daniel)

Log Cabin Republicans v. United States of America et al

Doc. 202 Att. 5

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DAN WOODS (State Bar No. 78638) EARLE MILLER (State Bar No. 116864) AARON KAHN (State Bar No. 238505) WHITE & CASE LLP 633 W. Fifth Street, Suite 1900 Los Angeles, CA 90071-2007 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff Log Cabin Republicans UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

LOG CABIN REPUBLICANS, a nonprofit corporation, Plaintiff, vs. UNITED STATES OF AMERICA and ROBERT M. GATES (substituted for Donald H. Rumsfeld pursuant to FRCP 25(d)), SECRETARY OF DEFENSE, in his official capacity, Defendants.

Case No. CV 04-8425 VAP (Ex) DECLARATION OF JOSEPH CHRISTOPHER ROCHA IN SUPPORT OF PLAINTIFF LOG CABIN REPUBLICANS' SUPPLEMENTAL BRIEF ON APPLICATION OF WITT STANDARD OF REVIEW Judge: Hon. Virginia A. Phillips October 12, 2004 July 13, 2010

Complaint filed: Trial:

DECLARATION OF JOSEPH CHRISTOPHER ROCHA I, Joseph Christopher Rocha, declare as follows: 1. I am over 18 years old and, if called as a witness, I would be able to testify competently, of my own personal knowledge, to the truth of the matters contained in this declaration.

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DECLARATION OF JOSEPH CHRISTOPHER ROCHA IN SUPPORT OF PLAINTIFF LOG CABIN REPUBLICANS' SUPPLEMENTAL BRIEF ON APPLICATION OF WITT STANDARD OF REVIEW
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2.

I am a U.S. Navy veteran who served twenty-eight months in the

Middle East as an explosive detection dog handler. My job was to train and utilize dogs to keep explosives, narcotics, and insurgents out of Iraq and Afghanistan. 3. 4. 5. I enlisted in the United States Navy on April 27, 2004. I started basic After basic training, I went to Lackland Air Force Base in San Masters at arms are Navy security specialists who perform training at Naval Station Great Lakes in Chicago, Illinois on September 15, 2004. Antonio, Texas where I began training as a master at arms in November 2004. antiterrorism, force protection, physical security, and law enforcement duties on land and at sea. Masters at arms are the Navy's security and force protection professionals. A master at arms may operate a force protection watercraft, direct an investigation, control a base access point, or supervise a K-9 asset. 6. After I completed my master at arms training at Lackland Air Force Base, which lasted approximately three months, I reported to the Naval Support Activity Bahrain, which is a U.S. Navy base situated in the Kingdom of Bahrain and is home to the U.S. Naval Forces Central Command and the U.S. Fifth Fleet. It is the primary base in the region for the naval and marine activities in support of Operation Enduring Freedom and Operation Iraqi Freedom. 7. During my first month in Bahrain, I served as a master at arms. Thereafter, I started shadowing dog handlers full time to see if I was a good candidate to attend the military working dog school. I was deemed a good candidate. 8. I returned from Bahrain to Lackland Air Force Base in San Antonio, Texas in September 2005 to attend the military working dog school. I completed my military dog school training at the end of 2005 approximately. I was then sent back to the Naval Support Activity Bahrain as a dog handler in an elite and small community of K-9 handlers. -2LOSANGELES 869676 v3 (2K)

DECLARATION OF JOSEPH CHRISTOPHER ROCHA IN SUPPORT OF PLAINTIFF LOG CABIN REPUBLICANS' SUPPLEMENTAL BRIEF ON APPLICATION OF WITT STANDARD OF REVIEW

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9. 10.

In total, including the initial time I served as a master at arms, I was Approximately one month into my time in the Middle East, my Kennel

assigned to the Middle East for twenty-eight months. Master and other servicemembers began to continually harass me. They would repeatedly ask me if I was homosexual, and I refused countless times to answer any of them with a "yes" or a "no." My refusal to answer was deemed to be a "yes" answer. 11. With the exception of the first month, I was harassed for the entire duration of my time in the Middle East. My Kennel Master and other servicemembers would repeatedly make graphic homophobic remarks and comments that were clearly directed to me. Their remarks made me incredibly uncomfortable and were very hurtful. 12. The harassment I endured was horrifying. For example, one day in the Middle East, I was ordered by my Kennel Master to get down on my hands and knees and simulate oral sex on a person working in the kennel. We were supposed to pretend that we were on a sofa and that the dogs were catching us in the act. Over and over, with each of the dogs in our unit, I was forced to endure this scenario, much of which was captured on video. 13. In other instances, the following occurred: (a) I was hosed down in full uniform, (b) I was tied to a chair, fed dog food and left in a kennel with feces, (c) I was spanked for my birthday, (d) homosexual pornography was saved on my computer as the screensaver, and (e) a standing rule was established that I was supposed to kneel before dogs and tell them I was not worthy. 14. Despite the constant harassment I endured, I proved my worth by excelling at my job performance. My written evaluations described me as a model servicemember, and I ultimately earned a Navy Marine Corp Achievement Medal for my time as a handler. -3LOSANGELES 869676 v3 (2K)

DECLARATION OF JOSEPH CHRISTOPHER ROCHA IN SUPPORT OF PLAINTIFF LOG CABIN REPUBLICANS' SUPPLEMENTAL BRIEF ON APPLICATION OF WITT STANDARD OF REVIEW

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15.

After I completed my assignment in the Middle East, I was selected to

attend the United States Naval Academy Preparatory School in Newport, Rhode Island ("NAPS"), which was a tremendous honor. I had always dreamed of attending the U.S. Naval Academy, and graduation from NAPS' one-year program would guarantee me admission into the U.S. Naval Academy. 16. I only remained at NAPS for approximately five months. After reflecting on all the abuse I endured as a product of my adherence to Don't Ask, Don't Tell, I realized that Don't Ask, Don't Tell had endangered my life in the past and would probably continue to do so in the future, as it would not allow me to declare my homosexuality and stand up for myself if, and when, I was abused in the Naval Academy. Additionally, I realized that a career of service under Don't Ask, Don't Tell would be a forfeiture of my basic human rights. It would be a forfeiture of basic job security, peace of mind, and meaningful relationships, particularly with my fellow straight servicemembers whom I was forced to deceive and betray by hiding my homosexuality. 17. After completing a six-week officer candidate boot camp at NAPS, my commanders said they wanted to offer me a leadership role. Instead, I asked to be removed from NAPS in a statement I addressed to the NAPS legal officer dated September 18, 2007, a copy of which is attached hereto as "Exhibit A." 18. After my statement was received by NAPS, I was encouraged by a commanding officer at NAPS, apparently at the direction of the U.S. Naval Academy, to withdraw my statement. Additionally, I was told that if I withdrew my statement, my admission into the Naval Academy would not be affected (despite me having given the Navy an official statement disclosing that I am homosexual). I declined.

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