Sinclair walks on sexual assault charge
Wat sends us a link from the New York Times which reports that Brigadier General Jeffrey A. Sinclair will plead guilty to lesser charges, disobeying a commander’s order not to contact his mistress, using demeaning language to refer to female officers and using a curse word when confronted about that conduct, and misusing his government travel charge card, but he skates on the sexual assault charges. Yeah, I know, none of us saw that coming, right?
The new guilty pleas…would end an embarrassing two-year case against one of the military’s rising stars that was derailed this year after prosecutors concluded that their chief witness, a captain who was the general’s mistress, may have lied under oath at a pretrial hearing.
The pleas could still set up a showdown. Defense lawyers say military prosecutors may call the captain — as well as her parents, who are from Nebraska — as witnesses at a sentencing hearing this week, in an effort to persuade the military judge to impose tougher punishment on General Sinclair.
Apparently, the deal was offered because the chief witness against Sinclair may have lied to prosecutors. They claim there were discrepancies in her statements to them. The judge, Colonel James Pohl (the Guantanamo judge), will set the sentence, but the deal includes caps to Sinclair’s punishments. Defense attorneys said that Sinclair has agreed that he will retire as a Lieutenant Colonel, two steps down from his current rank.
Category: Big Army
So this captain is being charged too, right?
Takes 2 to tango. Then caught breaking ucmj.
What a clusterfuck.
Nope, they gave her immunity to testify. Army prosecutors always do.
Glad they got the son of a bitch for using a curse word.
That is funny isn’t it GDContractor? Yea I zoomed right in on that one too. If they start a pattern of court martials or Article 15s for foul language…just disband the military today and send them all home. I LEARNED how to cuss eloquently in the military. One of the extra little, free skills that came with every MOS whether you signed up for it or not! Started right in the recruiter’s office too.
“Sonsofbithes Bumpuses”
Don’t believe a general/admiral has ever spent a day in the stockade…Jeffrey wasn’t about to be the first. He’s getting to retire likely as a LTC, but loss of general officer status is gonna be a painful daily reminder.
Considering that most GOs that have retired of late are making more in retirement than they were when active, it’s something though hardly seems enough.
The difference between O-7 retired pay and O-5 retired pay is significant. Over a lifetime, the difference is likely to hit six figures. So that alone will hurt.
Not to mention the difference in prestige, as you said. Retired LTCs are pretty common. Retired GOs are not. There’s a good chance that will affect his future earnings, as well.
Mr. Bill,
One could only hope it would impact his future earnings.
It doesn’t sounds like he is one of the “some generals” that the article refers to but apparently, it’s gotten even more lucrative to be a GO in retirement than in once was even 10 years ago. http://www.outsidethebeltway.com/some-generals-will-make-more-in-retirement-than-active-duty/
Check out the haircut on the General.
It’s always amazingly ironic to me when there is a discussion about the honor and integrity of the officer corps and you have this level of corruption that occurs far too often.
India’s caste system pales in comparison to the caste system of the US Military….one rule for all, wink, wink…unless you are a high ranking officer then we have some different rules…rules that destroy the careers of enlisted men and strip their benefits away are somehow applied with a different standard to the genteel members of the officer’s club.
If the system started making examples out of the men who are supposed to lead the troops through their example instead of through their edicts perhaps a few of them would be persuaded to pursue an alternate option that involved acting in accordance with their oaths….
VOV: it’s not just officers. As I’ve noted previously, well-connected enlisted personnel sometimes get off easy as well. Look up the case of former SMA McKinney. Closer to home, look up the case of former SGM Letuli here on TAH.
Is it right? No. But it still happens, albeit possibly not proportionally as often.
I would have no problem with this caste system IF these guys took care of the troops. But so often they seem to only care about getting the beltway bandit job…
James In Gulf Breeze, Here-Here. Good point!
The main problem here seems to be prosecutorial incompetence or misconduct. The fact that the primary accuser’s testimony was contradictory was likely not fatal overall (though it might have made the forcible sodomy charge a difficult one on which to gain a conviction). He was still dead meat on many other charges, and was facing dismissal plus up to 15 years after pleading guilty to many of those other charges.
However, there is at least the appearance that the prosecution may have attempted to hide that fact that his primary accuser’s testimony was not consistent from Sinclair’s attorneys, thus hindering his defense. From my perspective, judges seem to take quite a dim view of such conduct by prosecutors – rightfully so. Unfortunately, they often IMO seem to overreact in such circumstances. Here, simply throwing out the tainted charges and letting his previous guilty pleas stand would seem to me more apropos.
Sinclair deserves to be hammered royally – IMO, at a minimum dismissal plus a few years in lockup. But because the prosecution appears to have screwed the pooch here, he may well get hugely lesser sentence that justice would require.
Hondo,
Do you think the ongoing scuff up about the possibility of undue command influence played a role too? Every green side member’s selection I’ve sat in on an Article 120 in the last year has involved questions about the member’s interpretation of the Commandant’s guidance on this topic. Of course, most people don’t say it influences them (and given how unpopular this CMC is, I’m inclined to believe them) but I recall hearing that the possibility of undue command influence in not accepting a previous plea proposal may have been a factor in the judge’s instruction to have trial give it another look.
Well it looks like the “Less than Honorable” Colonel W and Commander Phil Monkress at All-Points Logistics will have a third wheel when they visit Hooters and some of Phildo’s preferred skin joints!
On the taxpayer dollar, I might add.
A woman lied about the affair she had? OH! How awful!
This is my shocked face.
Women do not lie in the New Army.
The Govt dug their own grave- they pushed a bad position. Then the tried to make an example using a spurned lover as the weapon. She solidifies my belief that “Rape” is one or more of the following: Remorse, regret or revenge.
this Capt now makes it harder for those that were truly victimized.
I’m not going to say there aren’t cases in which your assessment is correct, but my experience has been that there are plenty of legitimate claims as well. You just don’t see as many of those making the headlines because people take plea deals. And don’t even get me started on the child sexual assault cases…
“Used a curse word when confronted”… ahh, I’m not believing that shit.
LMAO at that one too! Who knew military folks cussed?
Same article of the UCMJ:
Enlisted–dick hammered flat.
Officer–no jail time, allowed to retire.
Orwell was right.
As an E-5, I inadvertently spoke a mis-truth for which I was charged with make a false official statement. Lucky my personnel officer thought I was a water-walker and lost the charges until 10″ prior to my PCS orders were in effect. By than it was too late for Mast. Point being, everyone deserves a break but this butt head got more than his share. Hope the female gets it also. BZ
Duffel Blog nailed it.
http://www.duffelblog.com/2014/03/sinclair-sexual-harassment/#!Ab8pb
Jonn, after how this trial has gone, you might want to word the summary a little more carefully, it says that
“Sinclair has agreed that he will retire as a Lieutenant Colonel”
but the article says that:
“Defense lawyers say General Sinclair is willing to retire as a lieutenant colonel”
Is it really a stretch to believe that after all that has happened he wont even have to be willing because he will get to keep his rank at General?
After he’s been convicted? Highly unlikely. Even though a court-marital cannot reduce an officer directly, if he is allowed to retire there will be an administrative determination of the highest rank at which he satisfactorily served. After a convction, it is highly unlikely that he will be found to have served satisfactorily as an O-7. From what I’ve heard, that conduct he is pleading guilty to began while he was still an O-6. So, arguably he did not serve satisfactorily as an O-6 either. Hence, the speculation focusing on his retiring as an O-5.
I haven’t seen that much hair sticking out of an Airborne beret since a Hollywood movie without a military advisor. The haircut standards have slackened a bit since I was there. I guess that’s his transition to civilian life haircut.
As a retired Army officer this outcome sickens me and makes me glad I pulled the ripcord to get out when I did. That sorry example should have been buried under the jail command influence or not. No matter what the Captain said or didn’t say he still violated his oath as an officer and a leader. As for cursing, that is too PC for this grunt.
Conduct unbecoming and all that, fine. Not an honorable guy. Sex assault? B.S.
This chick had a 3 year affair with the guy, then got pissed when he wouldn’t get a divorce. Hell hath no fury, etc, etc.
She lied and violated her oath as well and should be charged for it. Women who do this kind of thing have no shame and no honor. They give all of the rest of us a bad name and taint real sex assault victims with doubt.
The captain was one of three women he admitted to boinking. I’m sure his wife understands…
Petraeus?
Ward?
Ok…let’s be honest with ourselves
I’m a former SSG and now an O-4 (just to set the perspective) with 25+ years of service
In the last 16 years I have been an Officer I have sen probably 30 enlisted guys “investigated’ for adultry.
Most ended with a verabal reprimand/warning, or the wife being told “it is a civil issue”, to a counseling statement to maybe 2 Article 15s.
Sinclair is going to lose probably close to a million in retirement….for something that isn’t even a crime in the civilian world.
I’m not saying that isn’t deserved.
But the contention that an enlisted guy would “would have gone to prison” while an Officer would have ‘got a wrist slap’ isn’t accurate at all
He’s a General for Christ sake. Should he not beheld to a higher standard than a enlisted? I think he should.
Absolutely
But there is always this contention that they somehow got off without prison
When no enlisted guy would get prison over this
The guy is losing a million $ in pension benefits…for a “crime” that isn’t even a crime in the civilian world
When your “average” (E-6) enlisted guy would have got a slap on the wrist (unless it was really embarrassing to the Army which would be rare)…and not gone to prison
My contention is that our contentions are wrong….and trust me I understand hatred of Officers…which is why I became one