nb_cid nb_clickOther -tt-nb this.style.behavior='url(#default#homepage)';this.setHomePage('http://www.aol.com/?mtmhp=acm50ieupgradebanner_112313 network-banner-empty upgradeBanner
14
Search AOL Mail
AOL Mail
Video
Video
AOL Favorites
Favorites
Menu

General to admit guilt on 3 counts; denies assault



RALEIGH, N.C. (AP) - A U.S. Army general accused of sexually assaulting a junior officer will admit guilt on three lesser charges but maintains his innocence on allegations that he forced her to perform oral sex, his lawyer said Wednesday night.

Brig. Gen. Jeffrey A. Sinclair is set to enter the plea Thursday morning before opening statements are scheduled for his court martial at Fort Bragg. The primary accuser in the case is a female captain who claims Sinclair twice ended arguments about their relationship by unzipping his pants and forcing her head into his lap.

The woman says her commander threatened to kill her family if she told anyone about their three-year affair, which continued after the alleged assaults.

Sinclair's lawyer Richard Scheff said the general will plead guilty to having improper relationships with two other female Army officers and to committing adultery with his mistress, which is a crime in the military. He will also admit violating orders by possessing pornography in Afghanistan and to conduct unbecoming of an officer and a gentleman.

Sinclair, the former deputy commander of the 82nd Airborne, faces life in prison if convicted of the remaining sexual assault charges.

Scheff said in an interview that his client is taking responsibility for his actions, but also strengthening his legal position headed into trial. The general had previously entered pleas of not guilty to all eight charges.

By admitting guilt on the three charges for which there is the strongest evidence, the married father of two narrows the focus of the upcoming trial to charges that rely heavily on the testimony and credibility of his former mistress.

"The government now has a big problem," Scheff said in an email. "It took pathetically weak assault charges and put a fancy wrapper around them. We just tore the wrapper off. The prosecution team no longer gets to distract us with salacious details about acts that aren't even criminal in the civilian world. All they're left with is a crime that never happened, a witness who committed perjury, and a pile of text messages and journal entries that disprove their claim."

The case against Sinclair, believed to be the most senior member of the U.S. military ever to face trial on sexual assault charges, comes as the Pentagon grapples with a troubling string of revelations involving rape and sexual misconduct within the ranks. Influential members of Congress are also pushing to remove decisions about the prosecution of sex crimes from the military chain of command.

The defense will present evidence at trial that the female captain lied under oath during a pretrial hearing in January about her handling of old iPhone containing messages between her and the general. Lawyers for Sinclair have painted the woman as a scorned lover who only reported the sexual assault allegations after the general refused to leave his wife.

The Associated Press generally does not identify those who say they were sexually assaulted.

The captain testified that on Dec. 9, shortly after what she described as a contentious meeting with prosecutors, she rediscovered an old iPhone stored in a box at her home that still contained saved text messages and voicemails from the general. After charging the phone, she testified she synced it with her computer to save photos before contacting her attorney.

However, a defense expert's examination suggested the captain powered up the device more than two weeks before the meeting with prosecutors. She also tried to make a call and performed a number of other operations.

Three additional experts verified those findings.

During a pretrial hearing on Thursday, a top Pentagon lawyer testified that the lead prosecutor assigned to the case for nearly two years, Lt. Col. William Helixon, had urged that the most serious charges against Sinclair be dropped after he became convinced the captain had lied to him about the cell phone. Helixon was overruled by his superiors and then removed from the case last month, after suffering what was described as a profound moral crisis that led to his being taken to a military hospital for a mental health evaluation.

The case now heads to trial with a new lead prosecutor, Lt. Col. Robert Stelle, who said in court this week he doesn't care what his predecessor thought about the weakness of the evidence.

It is highly unusual for an officer of flag rank to face criminal prosecution, with only a handful of cases in recent decades. Under military law, an officer can only be judged at trial by those of superior rank - ensuring that Sinclair's jury will be comprised of five major generals.

___

Follow Associated Press writer Michael Biesecker at Twitter.com/mbieseck

Join the discussion

1000|Characters 1000  Characters
mark and sheri March 05 2014 at 10:52 PM

Power tends to corrupt. Absolute Power corrupts absolutely.

Flag Reply +3 rate up
Dan and Donna March 06 2014 at 10:01 PM

He needs to be forced into retirement for sure!! He also need amother form of punishment .

Flag Reply +1 rate up
1 reply
unikornicopia Dan and Donna March 07 2014 at 8:05 PM

Has he been tried and convicted ? Did you READ the article ? Do we live in the USA or have we already seceded to Russia - and Communist rule ? OMG !

Flag Reply 0 rate up
airmanemory March 06 2014 at 11:41 AM

they are called "General" court martials, but I never saw a General court martialed latey

Flag Reply +3 rate up
1 reply
Claire airmanemory March 06 2014 at 2:43 PM

I agree with your statement but wish to point out that the plural is "courts martial."

Clairecraf@aol.com

Flag Reply 0 rate up
juliemac_mac March 06 2014 at 9:53 AM

Support Women this International Women's Month and make their dreams come through.

http://igg.me/p/690911

Flag Reply +1 rate up
usci1 March 06 2014 at 9:45 AM

Left right left right left right yes no yes no yes no, sounds like marching to his own rules? Just a thought.

Flag Reply +1 rate up
kklinvt March 06 2014 at 8:27 AM

He should sit in Leavenworth for a few years like anyone without brass on their shoulders would for the same crimes.

Flag Reply +4 rate up
B.Gee March 06 2014 at 7:56 AM

If adultary were a crime anywhere else, millions of men AND women would face charges.

Flag Reply +3 rate up
Mike March 06 2014 at 7:07 AM

What we have here is two officer who each knew the rules; that what they were doing was against the ethic of conduct for anyone in the military. Both should be demoted for their actions and each should resign their commissions.

Flag Reply +3 rate up
1 reply
dkand76 Mike March 06 2014 at 12:19 PM

You are right, and I am sure they will.

Flag Reply 0 rate up
didengila March 05 2014 at 11:24 PM

Sinclair to the captain: 'my little humidor'.

Flag Reply +1 rate up
relims711 March 06 2014 at 3:50 AM

He will get away with it because his seniors think it is o.k. to proposition their female colleagues. In recent years, even a senior ranked officer, said, (and I paraphrase), women should expect to be raped if they enter the armed forces. She was a fool having anything to do with him anyway. His wife is a bigger fool if she stays with him. Having said that, the army will keep him on after he is acquitted. They are the bigger fools.

Flag Reply +2 rate up
aol~~ 1209600

Voting...

1414176467315

World Series

More From Our Partners