Opinion
No. 4:02-CR-046-BE
October 21, 2002
FINDINGS OF FACT OF THE UNITED STATES MAGISTRATE JUDGE
This case came on for trial before the United States Magistrate Judge on October 1, 2002 In accordance with Rule 23(c) of the Federal Rules of Criminal Procedure, the court enters its findings of fact as stated at the conclusion of the bench trial and as set forth below.
(1) Matthew R. Stewart is the subject of a complaint charging that he acted in violation of 28 U.S.C. § 2244 (b) and 49 U.S.C § 46506 by engaging in the following conduct.
On or about February 22, 2002, MATTHEW R. STEWART, defendant, an individual on an aircraft in the special aircraft jurisdiction of the United States, did intentionally engage in sexual contact with Juliana Gilchrist, without her permission, by touching her inner thigh and genitalia through her clothing, with the intent to arouse and gratify his sexual desire, on board an aircraft in flight from Boston, Massachusetts. to the Dallas-Fort Worth International Airport in the Northern District of Texas.
(2) Stewart and Gilchrist were ticketed passengers on an American Airlines flight that departed from Logan Airport in Boston, Massachusetts in the afternoon or evening hours of February 21, 2002. The parties stipulated that the act, if any, occurred on board an aircraft within the special aircraft jurisdiction of the United States.
(3) Stewart and Gilchrist were assigned to the same row of seats on the flight. Gilchrist was given the window seat. Stewart was seated in the aisle seat. One empty seat was situated between them
(4) Gilchrist accepted a pillow and blanket that Stewart had obtained for her. Gilchrist did sleep during a portion of the flight from Logan Airport to the Dallas-Fort Worth international Airport
(5) At some point during the flight, flight attendant Tara Marie Buonadonna observed that Stewart had moved to the center seat, next to Gilchrist, and his hand was under the blanket that covered Gilchrist
(6) Gilchrist awoke during the flight to find that Stewart had his hands under her blanket and was touching her between her legs Stewart's thumb was touching Gilchrist's crotch.
(7) Stewart subsequently asked Gilchrist to have drinks and dinner with him. Gilchrist declined
(8) Stewart acted with the intent to arouse and gratify his own sexual desire.
(9) Gilchrist did not give Stewart permission to touch her intimately or consent to it.
(10) Gilchrist was noticeably upset when she changed seats
(11) When Stewart left his seat to go to the restroom, Gilchrist took that opportunity to change seats on the aircraft.
(12) Approximately thirty minutes after the incident, Gilchrist told another passenger on the flight what had occurred and help was summoned.
(13) Juliana Gilchrist was a credible witness at trial
(14) The American Airlines flight attendant was a credible witness at trial
(15) Defendant Matthew R. Stewart was not a credible witness at trial.