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Army general defers plea at hearing on sex charges

Published on NewsOK Modified: January 22, 2013 at 7:25 pm •  Published: January 22, 2013

FORT BRAGG, N.C. (AP) — 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 was arraigned Tuesday at Fort Bragg on charges that include forcible sodomy, wrongful sexual conduct, indecent acts, violating orders and adultery. When the judge invited Sinclair to enter a plea of guilty or not guilty, he deferred through his attorney, who indicated the general would enter his plea at a later date.

The hearing continued with a defense motion to disqualify prosecutors over privileged emails erroneously sent to them by criminal investigators. The messages included exchanges between Sinclair and his lawyers, his wife and with a family friend who is an ordained minister.

Lt. Col. Jackie Thompson, the lead defense attorney, urged the military judge overseeing the case to disqualify the entire prosecution team and order the case to be reinvestigated from scratch.

"We're not asking for a walk," Thompson told the judge. "We're asking for a case that is free of taint."

The military judge, Army Col. James Pohl, has set the trial portion of the court-martial for May 13. He did not immediately rule on the defense motion to disqualify the prosecuting attorneys, all four of whom testified under oath they had not reviewed the privileged emails.

A 27-year Army veteran, Sinclair faces life in prison if convicted on the most serious offenses. It's rare for an Army general to face court-martial. There have been only two cases in recent years.

More commanders have lost their posts over sex. Of the 18 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 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 military career. The investigation of Petraeus also ensnared Marine Gen. John Allen, the commander of U.S. forces in Afghanistan, over thousands of flirty emails he exchanged with a Tampa, Fla., socialite. On Tuesday, Pentagon officials said Allen had been cleared of inappropriate conduct.

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 installations 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 investigation. He has been on special assignment since then at Fort Bragg in North Carolina.

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