DOJ Files Criminal Charges Against Captain for Sexual Assault

The U.S. Department of Justice has filed criminal charges against former ship captain John Merrone for allegedly drugging and sexually assaulting a U.S. Merchant Marine Academy cadet aboard the American-flagged cargo ship Liberty Glory.

The charges, filed in the Eastern District of New York, mark the first DOJ prosecution for sexual assault aboard a U.S. commercial vessel in over 40 years, according to counsel in the case.

According to the indictment, Merrone faces five criminal counts for events that occurred on September 9, 2019, aboard the M/V Liberty Glory while traveling from Bahrain to Corpus Christi, Texas. The charges include aggravated sexual abuse for allegedly drugging and rendering the female victim unconscious before sexually assaulting her, sexual abuse for engaging in sexual acts while the victim was incapable of consent, and three counts of abusive sexual contact related to non-consensual sexual contact while the victim was either unconscious or incapable of consent.

“This is a watershed moment for the maritime industry,” said Ryan Melogy, founder of Justice4Mariners and former merchant marine officer. “We have not seen the DOJ bring criminal charges for a sexual assault at sea aboard a U.S.-flag cargo vessel in more than a generation. This is a huge, historic turning point for maritime safety.”

Justice4Mariners serves as counsel for the victim, along with a second victim who was also allegedly drugged.

The case has highlighted systemic issues within the maritime industry. Merrone had previously been convicted of false imprisonment and battery in Florida, yet continued working in the commercial fleet while the USMMA continued sending cadets to serve aboard his ships.

The incident alleged in the indictment was first reported by CNN in early October 2022. Following public pressure, the American Maritime Officers union expelled Merrone, citing “multiple credible allegations” and concerns about crew safety. Shortly after, he surrendered his Merchant Mariner Credential to the Coast Guard and accepted a lifetime ban from the U.S. maritime industry.

The incident follows explosive revelations of instances of sexual assault and harassment against female cadets during sea year training while attending USMMA after an anonymous blog post published in 2021 from a female victim and student at the federal service academy. Her report claimed she was raped by a superior officer while serving as an engine cadet aboard a U.S.-flagged ship during her sea year training in the Middle East in 2019. The victim, who became known as Midshipman X, later revealed herself as Hope Hicks.

“This case is about more than one captain — it’s about a broken system consisting of U.S. government agencies, maritime labor unions, and commercial shipping companies that have worked cooperatively for decades to protect known sexual predators and silence their victims,” Melogy added.

USMMA’s Sea Year training program was temporarily paused in November 2021 after Hicks’ story became public, but the program was reinstated about a month later with new policies and procedures in place meant to protect cadets against sexual assault and sexual harassment.

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John Merrone, 53, of South Carolina, surrendered to the FBI Thursday morning and pleaded not guilty at his arraignment in federal district court in Brooklyn hours later on charges of aggravated sexual abuse, sexual abuse and three counts of abusive sexual contact, records show.

He was released on $250,000 bond, including $100,000 wired by the defendant’s father, and directed not to communicate with the victim or any potential witnesses.

Merrone’s defense attorney, Aida Leisenring, of Garden City, said her client served in the U.S. Navy “and has volunteered for charities that feed the poor all around the world. These are six-year-old allegations involving a single complainant that were previously investigated closer in time to the incident.”

Merrone, who appeared in court using a walker following an undisclosed surgical procedure, declined to comment following his arraignment.

Merrone is the first known Justice Department prosecution for an alleged sexual assault committed aboard an American commercial vessel since 1982, according to industry experts.

Newsday reported in 2022 that Merrone had surrendered his Merchant Mariner Credentials to the U.S. Coast Guard — making him ineligible to work at sea — only weeks after the agency filed a complaint documenting his alleged misconduct toward two cadets from the Kings Point school on Sept. 9, 2019, while aboard the Liberty Glory vessel.

A Coast Guard investigatory report found Merrone invited two cadets to his stateroom and, without their knowledge, gave them alcoholic drinks spiked with an undisclosed drug or intoxicant during their Sea Year training voyage. Once the women were unconscious, Merrone sexually assaulted one cadet and attempted to molest the other, the investigation concluded.

Merrone Thursday was charged with assaulting only one victim.

Attorney J. Ryan Melogy represented the victim, now a USMMA graduate, and the second woman the Coast Guard said he attempted to molest — she’s now a licensed merchant mariner — in a lawsuit against Merrone. The cases were settled confidentially last year, Melogy said.

“My client endured a horrific betrayal while serving her country at sea — and still found the strength to graduate and earn her license,” said Melogy, a graduate of USMMA and a former merchant mariner. “She and the second survivor I represent have both showed extraordinary courage, patience, and determination in making these historic criminal charges possible.”

Melogy, who called the charges against Merrone a “watershed moment for the maritime industry,” added his client is “pleased Merrone is finally being held accountable and is thankful to the investigators and prosecutors who have worked very hard to bring this unprecedented criminal case. She hopes for justice, and hopes that this case leads to greater protections for cadets and other mariners at sea.”

USMMA, which trains men and women to be midshipmen working on deep sea vessels and in the military, is one of five federal service academies and the first to admit women.

Liberty Maritime Corp., based in Lake Success, employed Merrone at the time of the alleged misconduct. The company did not respond to requests for comment Thursday.

The Coast Guard Investigative Service said it launched its investigation after receiving the allegations in 2021. Other alleged victims came forward after the complaint was filed, the Coast Guard said.

In 2022, the Coast Guard’s Suspension and Revocation National Center of Expertise filed a complaint against Merrone. But before a hearing could be scheduled, Merrone surrendered his credentials, preventing him from working in any position that requires a Coast Guard license, the service said.

The American Maritime Officers union later expelled Merrone, stating in a resolution the captain “poses an immediate threat to the safety of our members and that of their crew.”

Merrone was accused of sexual assaulting a woman in his Florida Keys apartment in March 2011, according to court records. The woman said Merrone held his arms against her neck as he raped her and broke her toe to prevent her from reaching a cellphone to call for help, records show.

He was convicted of false imprisonment and two counts of battery and sentenced to 2 years in prison. But an appeals court overturned his conviction, arguing the trial court erred in not allowing the defense to recall a witness who could have provided testimony beneficial to their case.

USMMA has dealt with a host of allegations of women being sexually assaulted and harassed by their male superiors at sea in recent years, which twice prompted the suspension of the Sea Year program.

USMMA cadets reported a dozen incidents of sexual assault during the 2022-23 academic year — double the number from one year earlier, according to a report released to congressional lawmakerslast year.

The most recent Sea Year suspension, which was lifted in December 2021, was prompted when then-USMMA Cadet Hope Hicks reported, anonymously at the time, to a whistleblower website that an engineering supervisor 40 years her senior plied her with alcohol, waited until she was incapacitated and raped her on a commercial ship.

Hicks disclosed her identity after filing a lawsuit against shipping giant Maersk. She settled the suit in 2022.

Her disclosure prompted implementation of the Every Mariner Builds a Respectful Culture program, which dictates policies that vessel operators must implement to prevent sexual misconduct. They include controlling access to the vessel’s master keys, as well as ensuring there are working locks on cadets’ stateroom doors and that they have a contact at the carriers’ corporate offices to discuss areas of concern.

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Through the years…