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Supreme Court affirms Taman conviction
The Commonwealth Supreme Court affirmed Gao Yue Ying Taman’s conviction for promoting prostitution stemming from her actions at Kelly’s Bar.
Her arrest and conviction were the product of a joint investigation between local law enforcement and military personnel. On appeal, Taman challenged her conviction because: (1) the trial court improperly admitted testimony of two Navy Criminal Investigative Service (“NCIS”) agents; (2) the trial court failed to inform her that she had the right to testify; and (3) there was insufficient evidence.
The court concluded that the NCIS agents’ testimony was admissible. While United States law ordinarily prevents military personnel from being involved in local investigations (and thus testifying about such investigations), the Court recognized that the agents’ participation fell under one of the recognized exceptions: independent military purpose. The agents had two independent purposes for participating: protecting military personnel and maintaining military secrets. These objectives are threatened by prostitution because it puts soldiers at a risk of acquiring sexually transmitting diseases or sharing military secrets.
Furthermore, the court explained that there is no constitutional obligation for the trial court to inform the defendant of the right to testify. While acknowledging that a minority of jurisdictions have imposed such a requirement, the Court found the majority position more persuasive.
Finally, the court concluded there was sufficient evidence to sustain Taman’s promoting prostitution conviction. The trial court heard from multiple witnesses that Taman was negotiating prices for sex and heard that she took multiple steps to facilitate prostitution.
The Supreme Court’s full opinion in Commonwealth v. Taman can be found at http://www.cnmilaw.org/supreme14.html. (Supreme Court)
