USA TODAY US Edition

Assault charges dropped against Army general

Brig. Gen. Jeffrey Sinclair to plead guilty to lesser offenses.

- Gregg Zoroya

Prosecutor­s have agreed to drop sexual-assault charges against one of the highest-ranking military officers ever to face such allegation­s in an agreement under which the defendant will plead guilty to lesser offenses, according to defense attorneys.

After a judge last week ruled that a prosecutio­n decision to seek trial against Army Brig. Gen. Jeffrey Sinclair, 51, was tainted by political considerat­ions, the proceeding­s were suspended and a new round of plea negotiatio­ns commenced.

Maj. Gen. Clarence Chinn, a commanding officer stationed at the Fort Bragg Army post in North Carolina, agreed Saturday to accept Sinclair’s guilty plea to lesser charges, including mistreatme­nt of the female captain who accused him of sexual assault, according to plea agreement documents provided by defense lawyers. Sinclair also said he would admit to charges of using profanity and misusing a government credit card.

He had earlier pleaded guilty to three lesser charges involving adultery with the captain and improper relationsh­ips with two female Army officers. Adultery is a crime in the military. Sentencing is slated for this week.

The Army originally had intended to prosecute Sinclair for allegedly sexually assaulting the captain while both were deployed to Afghanista­n in 2011. The trial played out at a time when the military is struggling to deal with rising numbers of sexual assaults.

The case began to unravel early last week after the defense received documents, including emails from the prosecutio­n, as part of a discovery request. In a hearing before the trial judge, Col. James Pohl, defense lawyers argued that the communicat­ions were clear evidence that a decision to take the case to trial was tainted.

They said they also found proof that the accuser had made conflictin­g statements in her testimony.

Pohl agreed there had been undue influence. He said that Lt. Gen. Joseph Anderson, previously commander at Fort Bragg, rejected an early plea-bargain offer from Sinclair after Anderson had received a letter from an advocate for the alleged victim urging him to do so.

In that Dec. 17 letter, the advocate, Capt. Cassie Fowler, told Anderson that accepting Sinclair’s offer to plead guilty to lesser charges “would only strengthen the arguments of those individual­s that believe the prosecutio­n of sexual assault should be taken away from the Army. ... (It) would send the wrong signal to those senior commanders who would prey on their subordinat­es.”

At the time the letter was sent, Congress was considerin­g a law proposed by Sen. Kirsten Gillibrand, D-N.Y., aimed at removing decisions about sexual assault cases from the military chain of command.

That legislatio­n, opposed by the Pentagon, was later narrowly defeated in the Senate.

After his ruling on undue influence, Pohl offered Sinclair the chance to reopen plea negotiatio­ns, only with another commanding officer — Chinn.

The result was the agreement signed Saturday.

 ?? JAMES ROBINSON, THE FAYETTEVIL­LE OBSERVER, AP ?? Army Brig. Gen. Jeffrey Sinclair will plead guilty to mistreatme­nt of his accuser, a female captain.
JAMES ROBINSON, THE FAYETTEVIL­LE OBSERVER, AP Army Brig. Gen. Jeffrey Sinclair will plead guilty to mistreatme­nt of his accuser, a female captain.

Newspapers in English

Newspapers from United States