ROK Drop

Avatar of GI KoreaBy on March 17th, 2014 at 6:30 am

Government to Drop Sexual Assault Charges Against General Sinclair

Another military sexual assault case that was sensationalized by the media ends up showing once again that these cases are not the cut and dry sexual assaults with leadership covering them up as the special interests like to have people believe:

The legal defense team for a general whose sex-crime trial has gripped the U.S. military said Sunday that the Army had agreed to drop the most serious charges in exchange for his admission that he had “maltreated” a junior officer with whom he had a long affair and had caused her emotional distress. [Washington Post]

So he is innocent of sexual assault and guilty of adultery and abusing his position like he agreed to plea guilty to many months ago. However due to illegal command influence that tainted this trial the prosecution had to agree to a plea deal.

So now I am wondering if the government will try the accuser for lying on the stand? The New York Times had a recent article about the accuser that shows how her lies forced the chief prosecutor to quit:

As the lead defense lawyer, Richard L. Scheff, a former federal prosecutor, questioned the captain, she told a precise, detailed and unequivocal story about when and where she found the phone, and what she did with it.

But according to a forensic expert hired by the defense, her story was not true — the phone had been charged and restarted two weeks earlier than she had claimed. The military’s own experts reached a similar conclusion later.

After the hearing, Mr. Scheff said, he drew close to the chief military prosecutor, Lt. Col. William Helixon, and said, “You realize that you have a problem, right?” Colonel Helixon, Mr. Scheff said, agreed. (……)

Among other things, they point to 2012 testimony from Chief Warrant Officer Jose Serbia, who said the accuser disclosed the affair to him earlier that year.

Chief Serbia testified that he asked her, “Were you raped?” and she replied, “No.”

Text messages and journal entries suggest the affair was loving, passionate and consensual, the defense asserts.

One of her diary entries read, “My biggest fear is that there is still something there in his marriage.” In another entry, the captain wrote, “I’m so in love with him and the idea of always being with him that I forget about large factors that would prevent that.”

On Jan. 26, Colonel Helixon, the prosecutor, flew to Arizona to confront the captain about her iPhone testimony. He was armed with a 49-page PowerPoint presentation that outlined contradictions between her story and the findings of forensic experts. (…..)

The next day, Mr. Scheff said that he spoke to Colonel Helixon for an hour. He said the colonel expressed concerns about his career and said that General Wilson was “in charge” of the case. But for most of the conversation, Mr. Scheff said in a memo he wrote that night, the colonel discussed his feeling “that the case should not move forward, that he didn’t want to prosecute the case but that he was being forced to do so.”

On Feb. 10, Colonel Helixon, dressed in civilian clothes and seeming “not his usual self,” issued an ultimatum to his bosses at Fort Bragg: abandon the most serious charges or he would quit the case, citing his concerns over the iPhone testimony, according to testimony by a colleague, Lt. Col. Jerrett Dunlap. [New York Times]

I am glad General Sinclair will soon be out of the Army because his conduct was deplorable, but this Captain is a embarrassment as well and should be charged and follow Sinclair out of the Army as well.

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  • Liz
    7:29 am on March 17th, 2014 1

    He’s a disgrace. I’ll bet they can follow a bunny trail and determine he hasn’t served honorably since the beginning of internet e mail.

    She is also a disgrace. But untouchable, I’m sure. In the event that the Army should try to prosecute her she will be on 60 minutes, write a book, and pose for Playboy.

  • 2ID Doc
    8:29 am on March 17th, 2014 2

    #1 Liz she will probably do those things anyway, as long as the price is right & once she realizes that she will never be believed about anything again.

  • Angel of Retribution
    9:33 am on March 17th, 2014 3

    1: This unnamed Captain could get a career crushing OER. I seem to recall the 82d Division commander she reported this to told her as much. Of course, her COC may be bitten by the PC bug and not rater her in such a way.

    The book/60 Minutes/Playboy route may be too tempting even if senior leadership wusses out. I bet SWAN has a gold plated executive desk and chair waiting for her too…

  • Liz
    10:33 am on March 17th, 2014 4

    “This unnamed Captain could get a career crushing OER.”

    Not if her commander doesn’t want to be on the receiving end of a potentially career crushing IG complaint.

  • Bruce K. Nivens
    11:23 am on March 17th, 2014 5

    “I am glad General Sinclair will soon be out of the Army because his conduct was deplorable, but this Captain is a embarrassment as well and should be charged and follow Sinclair out of the Army as well.”

    I’d be surprised if they charge her. Various interests will come out against it because charging her might create a “chilling effect” for women who might actually have legitimate reasons to make accusations. Charging her would also be seen in some media circles as bullying or piling-on. The fact that she made the accusations at all will be taken by some people to mean that he was guilty, even if her testimony wasn’t truthful. As for the career-crushing OER, I think she would complain that she was being unfairly victimized, and there would be sympathy for her somewhere out in the media.

  • Liz
    12:01 pm on March 17th, 2014 6

    Does anyone remember media darling Kelly Flinn?

  • Angel of Retribution
    1:16 pm on March 17th, 2014 7

    6: Why of course! The story went something like this:

    Flynn: Boo hoo, the Air Force is kicking me out because they don’t want women in combat aircraft!!!

    Media: That’s outrageous!! Air Force, what do you have to say about that!??!

    USAF: She’s being discharged for adultery with an enlisted person. If you don’t like that, we’re also kicking her out for disobeying an order to stop committing adultery.

    Media: Oh. Never mind….

    Of course that was a different time. Captain X may get different treatment in such a situation.

  • Liz
    1:51 pm on March 17th, 2014 8

    “Media: Oh. Never mind….”

    Well, not quite. The media actually portrayed her as a tragic heroine, and stellar pilot forced to battle with the military’s sex police. They had no trouble with the fact that she disobeyed orders and had sexual relations with a married subordinate at all. It was all sexism, and if she were just a man she wouldn’t be charged (btw, she was a total shyte pilot).

  • Liz
    1:59 pm on March 17th, 2014 9

    Just to add, it was media outrage that led to her exoneration and a general discharge. She wasn’t even tried by courts martial.

  • Angel of Retribution
    4:48 pm on March 17th, 2014 10

    8/9: Oh I just gave a Cliff Notes version. Yeah, I remember the chattering class being not at all impressed with adultery. But I seem to recall towards the end of the kerfuffle there being a consensus that her disobeying orders combined with her being in compliance with the order to stand down on her fling were not good and support dwindled.

    Maybe the Air Force didn’t get the proverbial pound of flesh. But they got a half pound! A General Discharge is a pretty life altering event and I assume she had to pay back a chunk of that Air Force Academy education. But in any event, the point I was getting at is that happened in the mid 90s when the military still had some cajones. Now with DoD being completely castrated, forget it!

  • Angel of Retribution
    4:59 pm on March 17th, 2014 11

    I meant her lying about being in compliance with the order not to commit adultery. I think that turned off a lot of her supporters.

 

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