Army general defers plea on sex charges
Posted January 22, 2013
FORT BRAGG, N.C. — An Army general brought back from Afghanistan to face court-martial on a series of sexual misconduct charges deferred entering a plea Tuesday.
Brig. Gen. Jeffrey Sinclair, who served five combat tours, is headed to trial following a spate of highly publicized military sex scandals involving high-ranking officers that has triggered a review of ethics training across the service branches.
Sinclair had an arraignment hearing Tuesday at the Army's Fort Bragg, where he had the opportunity to enter a plea of guilty or not guilty. He deferred, and the hearing continued with a defense motion to disqualify prosecutors over emails that were erroneously sent to them.
Defense attorneys contend that an agent with the Army's Criminal Investigative Command obtained emails between Sinclair and his legal team during a search and that those privileged communications might have been shared with military prosecutors.
Army Col. James Pohl, the military judge overseeing the case, made no decision on the motion, saying he would issue a ruling via email. He gave no timetable for that.
Prosecutors at the hearing read out charges against Sinclair that included forcible sodomy, wrongful sexual conduct, violating orders and adultery. A 27-year Army veteran who served five combat tours, Sinclair faces life in prison if convicted on the most serious offenses.
At an evidentiary hearing for Sinclair in November, prosecutors presented testimony about his conduct with five women who were not his wife, including officers who served under his direct command. The charges involve activities when he was in Afghanistan, Iraq, Germany and at bases in the United States.
Sinclair was deputy commander in charge of logistics and support for the 82nd Airborne Division in Afghanistan before being relieved in May during the criminal probe. He has been on special assignment since then at Fort Bragg in North Carolina.
The female captain at the heart of the case said she carried on a 3-year sexual relationship with Sinclair, who is married with children. Adultery is a crime under military law, and the admission could end her career.
She testified at the evidentiary hearing that she repeatedly tried to break off the affair with Sinclair, who she says threatened to kill her and her family if she told anyone about their frequent sexual liaisons in hotels, headquarters and war zones. The woman said she usually wanted to have sex with the general, though she said that on two occasions he exposed himself and physically forced her to perform oral sex, even as she sobbed.
Two female officers who served with Sinclair also testified that they had given the general nude photos at his request.
Sinclair is also accused of possessing alcohol in a war zone and disobeying orders. Maj. Gen. James Huggins, Sinclair's superior officer in Afghanistan, testified he ordered Sinclair to cease contact with the female captain after she reported the affair. Sinclair is alleged to have willfully disobeyed that order by then calling the woman's phone.
His court-martial is tentatively scheduled for May 13-28.
Sinclair has not yet spoken publically about the charges against him, but at the pre-trial hearing his defense lawyers tried to paint the female captain as a liar and a scorned lover who was trying to ruin Sinclair's life and military reputation. During the hearings, they characterized her as a manipulative "back-stabber" who blamed others for her mistakes.
The general's wife, Rebecca Sinclair, stayed away from the dayslong military hearing but later went public with an opinion piece in The Washington Post. In that column, she said she was not condoning her husband's infidelity, but she said that a decade of war had taken a toll on military couples and brought pressure on their marriages.
In an interview with the AP, Rebecca Sinclair said her husband called her last spring to tell her about the affair and allegations, and she said they were trying to mend their relationship.
Of the eighteen generals and admirals, from one star to four stars, fired in recent years, 10 lost their jobs because of sex-related offenses.
That tally does not include recently retired Army general David Petraeus, who was forced to resign as CIA director in November after he admitted to an affair with the woman who wrote the biography of his celebrated military career. The investigation of Petraeus also ensnared Marine Gen. John Allen, the commander of U.S. forces in Afghanistan, over thousands of inappropriate emails he exchanged with a Tampa, Fla., socialite.