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General's court-martial is thrown into jeopardy



FORT BRAGG, N.C. (AP) -- The sexual assault case against an Army general was thrown into jeopardy Monday when the judge said the military may have improperly pressed ahead with a trial to send a message about its determination to curb rape and other widespread misconduct.

Judge Col. James Pohl refused to dismiss the charges against Brig. Gen. Jeffrey A. Sinclair but offered the defense another chance to plea-bargain the case down with a different set of military officials.

The twist comes with the Pentagon under heavy pressure from Congress and beyond to combat what the military says is an epidemic of rape and other sex crimes. On Monday, in fact, the Senate was expected to approve legislation cracking down on misconduct.

Pohl reviewed newly disclosed emails in Sinclair's case and said he found evidence of unlawful command influence in Fort Bragg officials' decision to reject a plea deal before the trial began late last week.

Under the military code of justice, the decision was supposed to be decided solely on the evidence, not its broader political implications.

The defense has until Tuesday morning to decide whether to submit a plea bargain proposal again or allow the court-martial to proceed.

Sinclair, the 51-year-old former deputy commander of the 82nd Airborne Division, is accused of twice forcing a female captain to perform oral sex on him in Afghanistan in 2011 during a three-year extramarital affair. He has admitted to the affair but denied assaulting the woman.

He is believed to be the highest-ranking U.S. military officer ever court-martialed on sexual assault charges. He could get life in prison if convicted.

Richard Scheff, the general's lead defense lawyer, would not say how he might proceed.

"This is an unprecedented situation. It's a mess created by the government. It wasn't created by us. We have so many options, we don't even know what they all are," he said.

Military prosecutors had no comment after the hearing.

Before the trial, Sinclair had offered to plead guilty to some of the lesser charges in exchange for the Army dropping the sexual assault charges, but he was turned down.

A key issue is whether the rejection was influenced by concerns about the message it would send across the military. A letter by the lawyer for Sinclair's accuser that raised such concerns was discussed in emails between a high-ranking Washington-based Army lawyer, the prosecutors and the commanding general overseeing the case.

Pohl said he doesn't think the whole case was tainted, just the decision on a plea agreement.

The judge also criticized prosecutors for not giving defense lawyers the emails sooner: "The only reason we are in this conundrum is because of the government's late notice."

Meanwhile, the Senate appeared to be headed toward an overwhelming vote Monday in favor of big changes in the military justice system to deal with sexual assault, including scrapping the nearly century-old use of the "good soldier defense" to raise doubts that a crime has been committed.

Currently, those accused of wrongdoing can cite their good military records.

The Pentagon has estimated that as many as 26,000 military members may have been sexually assaulted in 2012, based on an anonymous survey. Many victims are unwilling to come forward despite new measures to curb abuse, the military says.

Last week, Sinclair pleaded guilty to three lesser charges involving adultery with the captain and improper relationships with two other female Army officers. Those charges could bring 15 years in prison. A trial then began on the remaining sexual assault charges.

In a December letter sent by her attorney, the female captain opposed the proposed plea agreement. Writing on behalf of her client, Capt. Cassie L. Fowler suggested the deal would "have an adverse effect on my client and the Army's fight against sexual assault."

"Acceptance of this plea would send the wrong signal to those senior commanders who would prey on their subordinates by using their rank and position, thereby ensuring there will be other victims like my client in the future," Fowler wrote.

Though prosecutors deny any consideration was given to Fowler's comments about the potential fallout, the emails turned over to the defense Saturday show they did discuss the assertions made in the letter.

Lt. Gen. James Anderson, as commander of Fort Bragg, made the final decision to reject the plea offer. Testifying from Afghanistan by telephone, Anderson said the only thing he weighed was the opposition of Sinclair's accuser to the deal.

Scheff, Sinclair's chief lawyer, told the judge Monday that the Army had been stonewalling him for months for evidence about those discussions.

"Every time we asked for these, the government has said we were going on a fishing expedition," Scheff said. "And each time, we catch fish."

---

Associated Press writer Jeffrey Collins in Columbia, S.C., contributed to this report.

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newfbw March 11 2014 at 5:35 AM

Berets still look silly with Class A Dress Uniforms. And so do the bloused pants.

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Holzhauers March 10 2014 at 4:11 PM

Was his accuser offered immunity from prosecution? Does the judge seriously think that sending this political hot potato to another General Officer will change the decision on a plea deal with this much publicity? Under the current environment, that GO's next opportunity for promotion will be before the senate and get get blocked, just like the USAF female GO who vacated a conviction's was. The odds of any of the parties involved in this "affair" or "affairs" getting justice after politicians became involved is nil. And why is adultery still enforced as a crime in the UCMJ when sodomy is not enforced? Some pigs are more equal than others...?

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fspifspi March 10 2014 at 11:59 PM

Ladies and gentlemen:
Every woman either civilian or soldier has the right to go to work without being sexually harrased or assaulted. Think if your wife or your sister was in the same place. Now in this case this officer is a General, he should be held to a higher standard, he should lead by example. In the case of the captian, she seems to be a bitter woman, who could not get her man. She had an affair for three yers, she should also be charged with improper behavior of some kind.

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1 reply
hyperpak fspifspi March 11 2014 at 12:38 AM

The problem,a few women try to get promoted by devious means, and in that is the result when it does not work.The Military is no place for a social experiment.

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1 reply
ss hyperpak March 11 2014 at 1:21 AM

Social experiment? This is 2014. This is America. This is our culture. Most of us have evolved to realize that race, ethnicity, gender and age have no significant bearing on capability to protect and defend. And, BTW, you might want to get out a bit if you don't see many men trying to get promoted by devious means.

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simpljb March 10 2014 at 7:31 PM

well , theres one way one can get control back from a rapist - oops my gun must of accidently fired

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rlshreves March 10 2014 at 7:28 PM

What's new? It seems that all of these charges are always swept under the rug. Tailhook , West Point, the Naval Academy etc etc. When will the legal and justice departments start to do something about these ******** who take advantage of these women.

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goldjr1 March 10 2014 at 4:23 PM

we all know how this affair ended up, thanks to the media. My questions would be how it all began. Was it love? Was there an alterior motive behind the relationship with the General? Was she coerced with promises of any kind (i.e. promotion, easier assignments, etc.)? There's a lot more to it than we know right now. I want to see how it all pans out and what else is revealed before I pass any judgement!

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2 replies
Lloyd goldjr1 March 10 2014 at 4:40 PM

Did she make the moves In order to have stature or great reviews for promotion.

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itzfatcat goldjr1 March 10 2014 at 4:59 PM

We will never know all the facts or even the lies. Just like is going on here, opinions will vary based on agenda or experience.

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MAX March 10 2014 at 4:28 PM

Hmm...3 year affair and then all of a sudden assault charges? Really? Sounds fishy to me...no pun intended.

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poteettdstl March 11 2014 at 1:42 AM

Men and women have the right to serve in the military without the expectation of sexual assault or harassment. The issue here is not so much what happened but what is happening. The military has a 95% conviction rate is comparison to the world. This is deplorable because most is done through fear and lies. Their version of a fair trial by your peers is an oxymoron. I want you to go to work and steal something. Then have your judge be your boss, you lawyers be his minions, and your jury be your co-workers all of whom have worked there 10 years or more. Fair? The woman had an affair she admits to with the man and then says he made me do it twice? Sounds more like someone got passed over or kicked to the curb and is backlashing.

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PLAST2080 March 10 2014 at 4:32 PM

The general needs a haircut.

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mlbj77 March 11 2014 at 6:58 AM

I can't condon what the General has done but it appears the people think the only place that sexual harrasement exists is in the military. You might be suprised if you checked out some of this large corporations and see the sexual harassement that is going on. And don't think for a minute that it is just a man on woman thing, it goes both ways. And in most cases the woman knows what she is getting into and has an motive (i.e. promotion, assignments, etc) not all but a Capt is not stupid....being an officer in the military has alot of political background....

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