This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2014/mar/20/army-jeffrey-sinclair-no-jail-time-trial-sexual-assault

The article has changed 7 times. There is an RSS feed of changes available.

Version 0 Version 1
Jeffrey Sinclair: no jail time for general guilty of 'inappropriate relationships' Jeffrey Sinclair: no jail time for general guilty of 'inappropriate relationships'
(about 1 hour later)
An army general avoided jail time and was reprimanded and fined a total of $20,000 for inappropriate relationships with three subordinates in a closely watched court case. An army general who carried on a three-year affair with a captain and had two other inappropriate relationships with subordinates was reprimanded and docked $20,000 in pay Thursday, avoiding jail time in one of the military’s most closely watched court-martials.
Jeffrey Sinclair smiled and hugged his two lawyers in the courtroom Thursday morning after the sentencing. Brig Gen Jeffrey A Sinclair, the former deputy commander of the storied 82nd Airborne Division, was believed to be the highest-ranking US military officer ever court-martialed on sexual assault charges, but earlier this week those charges were dropped when he pleaded guilty to inappropriate relationships with the three women.
Sinclair had been accused of sexual assault during his affair with one subordinate, but the charges were dropped as part of a plea deal. He pleaded guilty to several charges including adultery – a crime in the military. Sinclair, 51, smiled and hugged his two lawyers in the courtroom. Outside the building, he made a brief statement.
His case comes as the military works to curb sexual misconduct in its ranks and Congress considers military justice reforms aimed at helping assault victims. “The system worked. I’ve always been proud of my army,” he said. “All I want to do now is go north and hug my kids and my wife.”
The case against Sinclair was harmed in recent weeks over questions about the primary accuser’s credibility and military officials’ handling of a previous plea deal. The case unfolded with the Pentagon under heavy pressure to confront what it has called an epidemic of rape and other sexual misconduct in the ranks.
As part of the plea deal, Sinclair’s sentence could not exceed terms in a sealed agreement between defense lawyers and military attorneys. The agreement, unsealed Thursday, called for Sinclair to serve no more than 18 months in jail, but the judge’s punishment was much lighter.
The judge did not explain specifically how he came to the sentence and prosecutors did not immediately comment. Capt Cassie L Fowler, the military lawyer assigned to represent the accuser’s interests, had a grim expression after the sentence was imposed and declined to comment.
Sinclair’s fine breaks down to $5,000 a month for four months. He earns about $12,000 a month, according to testimony earlier in the week.
Retired Lt Col Gary D Solis, who teaches law at West Point and Georgetown University, called Pohl’s ruling lenient.
“I can’t believe it,” said Solis, who served 26 years of active duty in the Marine Corps and tried hundreds of cases as a military judge. “I know Judge Pohl to be one of the best judges in the army judicial system, but ... this is an individual who should not be a general officer. He should have gone to jail and dismissed from the army.”
Sinclair will now go before Fort Bragg commander Maj Gen Clarence KK Chinn, who approved Sinclair’s plea deal, and he’ll get either a verbal or written reprimand. Then he’ll appear before a board to determine if he will lose any rank, which could cost him hundreds of thousands of dollars in benefits.
In closing arguments, prosecutors argued Sinclair should be thrown out of the army and lose his military benefits, while the defense said that would harm his innocent wife and children the most.
Defense attorney Richard Scheff said Sinclair will retire from the military.Scheff said the case against Sinclair was one of pure adultery, which is a crime in the military.
Prosecutors did not ask the judge to send Sinclair to jail, even though the maximum penalty he faced on the charges to which he pleaded guilty was more than 20 years.
The judge could have also dismissed Sinclair from the army, which would have likely wiped out his Veterans Administration health care and military retirement benefits.
The general also pleaded guilty to adultery and using his government-issued credit card to pay for trips to see his mistress and other conduct unbecoming an officer.
Sinclair had been accused of twice forcing the female captain to perform oral sex during their affair.
The army’s case against Sinclair started to crumble as questions arose about his primary accuser’s credibility and whether military officials improperly rejected a previous plea deal because of political concerns.
US senator Kirsten Gillibrand called the case a strong argument for her recent unsuccessful effort to strip commanders of the authority to prosecute cases and give that power to seasoned military lawyers.
“This case has illustrated a military justice system in dire need of independence from the chain of command,” Gillibrand said in a statement. “It’s not only the right thing to do for our men and women in uniform, but would also mitigate issues of undue command influence that we have seen in many trials over the last year.”