Former Constitution commander faces hearing on assault charges

BOSTON -- The former commander of the USS Constitution, who was relieved of duty after allegedly assaulting an officer then forcing him to lie, faces a naval hearing Thursday and could go to prison if convicted of all charges.

Thomas Graves, 43, of Marblehead, goes before the military equivalent of a grand jury to face charges of assault, cruelty and maltreatment, forcing someone to falsify a record and making a false statement.

Graves was fired in May after allegedly striking a petty officer who, according to Graves' attorney, failed to note in the ship's morning report that a shipmate had been late.

Graves then allegedly had the officer change the report and also denied he hit the man.

Graves' lawyer, Charles Gittins, told the Boston Herald, "The petty officer was incompetent and, in frustration, the captain handed the papers back to him," allegedly hitting him in the chest with them.

"In his mind, he didn't hit the sailor," Gittins said.

If convicted of all charges at a general court-martial, Graves could face up to 11 years and six months in prison.

"The Navy lost confidence in his ability, so his career could be over," Navy spokesman Mike Giannetti said.

Graves, a 1987 U.S. Naval Academy graduate, was the 69th commander of the oldest commissioned ship afloat in the world. He has received several awards, including two Navy Achievement Medals and the Navy Meritorious Service Medal.

Graves assumed command of the Constitution in 2005. The 210-year-old ship became known as "Old Ironsides" during the War of 1812 because British cannonballs were unable to penetrate its wooden hull.

He was fired two months before his two-year term was to expire for what the Navy described at the time as an "administrative matter."

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