Tag: jeffrey sinclair
Brigadier General Sinclair Pleads Guilty To Inappropriate Relationships

Brigadier General Sinclair Pleads Guilty To Inappropriate Relationships

By David Zucchino, Los Angeles Times

FORT BRAGG, NC — Army Brig. Gen. Jeffrey Sinclair, one of the highest-ranking officers ever to face a court-martial, pleaded guilty at the start of his trial Thursday morning to several charges, including an illicit affair with a female captain, possessing pornography, impeding an investigation and pressuring other female officers to send him nude photos of themselves.

The general pleaded not guilty to the most serious charges against him. They include twice forcing the captain to perform oral sex, groping her, committing sodomy, engaging in public sex and threatening to kill the captain and her family if she revealed their three-year affair.

The offenses to which Sinclair has pleaded guilty normally result in fines and retirement at a reduced rank, according to the general’s defense team. It is up to the military judge presiding over the court-martial, Col. James L. Pohl, to accept the pleas.

“Gen. Sinclair has consistently admitted his shortcomings and taken responsibility for them,” Sinclair’s lead attorney, Richard Scheff, said in a statement Wednesday night. “We advised him to delay pleading to some of these lesser charges for tactical reasons.”

Sinclair, 51, faces the possibility of life in prison if convicted of the most serious charges. He was relieved of duty as deputy commander of U.S. forces in Afghanistan after the accuser came forward in 2012.

The general, who is married with two sons, has previously admitted to the affair but has insisted that it was consensual throughout. His lawyers have accused the captain, who was 29 when the affair began, of falsely accusing Sinclair of sexually assaulting her when she tried to break off their affair. The defense says she accused Sinclair in order to escape punishment for adultery, a serious offense in the military.

Opening statements are expected Thursday in a case that has attracted national attention at a time of intense public and political scrutiny of the military’s handling of sexual assaults. Congress is debating whether to strip commanders of authority to bring sexual assault charges against those in their command and to instead have independent prosecutors make those decisions. A vote could come in the Senate as early as Thursday.

Scheff said Sinclair would plead guilty to conduct unbecoming an officer and a gentleman for pressuring a female captain, a female major and a civilian woman to send him nude photos of themselves. He will plead guilty to engaging in inappropriate relationships with the three women, as well as attempting to engage in an improper relationship with a female lieutenant, according to Scheff.

The defense said Sinclair would admit that he attempted to impede an investigation by deleting nude photos of one of the women from his computer and deleting an email account used to communicate with some of the women.

The general will also plead guilty to having sex with the accuser in Afghanistan, Iraq, Germany, Texas, Arizona and at Fort Bragg, where Sinclair is still on active duty pending the outcome of the court-martial. The accuser remains on active duty in Arizona.

In a statement, Scheff said the guilty pleas would deprive prosecutors of the ability to “distract us with salacious details about acts that aren’t even criminal in the civilian world.” He accused prosecutors of putting “a fancy wrapper” around “pathetically weak assault charges.” The anticipated guilty pleas “tore the wrapper off,” Scheff said.

AFP Photo/Paul J. Richards

Military Judge Nixes Porn In Opening Of Brigadier General Sinclair’s Trial

Military Judge Nixes Porn In Opening Of Brigadier General Sinclair’s Trial

By David Zucchino, Los Angeles Times

FORT BRAGG, N.C. — A military judge refused Wednesday to let prosecutors show pornographic images during opening statements in the sexual assault trial of Army Brig. Gen. Jeffrey Sinclair, the former deputy commander of U.S. forces in Afghanistan.

The judge, Col. James L. Pohl, also ruled that prosecutors may not use Sinclair’s alleged viewing of pornography as evidence that he intended to commit certain sex acts depicted in the images.

Pohl left open the possibility that the images could be introduced later in the court-martial.

Sinclair, a decorated, 27-year combat veteran, is charged with forcing a female captain to perform oral sex, and with possessing pornography in a war zone in Afghanistan. Prosecutors argued that the five two-star generals who are on the jury panel need to view images allegedly found on Sinclair’s computers to confirm that they were indeed pornography, as charged.

Pohl ruled that showing the images to the jury risked prejudicing the case against Sinclair, 51.

The prosecution said it recovered 8,500 pornographic photos and 600 videos on four “electronic devices,” presumably laptops, in Sinclair’s possession. The general’s defense lawyers say others had access to those devices.

The lead prosecutor, Lt. Col. Robert Stelle, told the judge that Sinclair’s alleged viewing of images of aggressive or forced oral sex “demonstrate intent and motive of the accused” to perform sex acts “strangely similar to the videos.”

“It shows a motive to engage in that type of behavior,” Stelle said in requesting permission to show 125 pornographic photos and 50 videos.

Sinclair, who is married with three children, has admitted a consensual three-year affair with the 34-year-old captain, who is single. The captain has accused Sinclair of twice forcing her to perform oral sex after their relationship soured, and threatening to kill her and her family if she told anyone of the affair.

Sinclair has pleaded not guilty to charges of sexual assault, sodomy, adultery, possession of pornography and conduct unbecoming an officer. He faces the possibility of life in prison if convicted of all charges.

A defense lawyer, Ellen Brotman, told the judge: “Lots of people watch pornography. Does that mean they all have intent to commit an offense?”

Brotman said showing the images could present “a danger of spillover prejudice on other charges.” The prosecutors, she said, “are trying to inflame the prejudices of the panel.”

The material “has such high emotional shock content … that there is actually risk of a mistrial,” Brotman told the judge.

In denying prosecutors’ requests to show the images and to link viewing them to an intent to commit sexual violence, the judge also prohibited prosecutors from telling panel members in opening statements of the 8,500 pornographic photos and 600 videos.

Opening statements are expected Thursday in a case that has attracted national attention at a time of intense public and political scrutiny of the military’s handling of sexual assaults. Congress is debating whether to strip commanders of authority to bring sexual assault charges against those in their command and instead let independent prosecutors make those decisions.

AFP Photo/Mauricio Lima