Army sex trial begins with jury of generals seated

Brig. Gen. Jeffrey Sinclair leaves the courthouse with his lawyers Richard Scheff, left, and Ellen C. Brotman, following a day of motions Tuesday, March 4, 2014, at Fort Bragg, N.C. Less than a month before Sinclair's trial on sexual assault charges, the lead prosecutor broke down in tears Tuesday as he told a superior he believed the primary accuser in the case had lied under oath. (AP Photo/The Fayetteville Observer, James Robinson)
Brig. Gen. Jeffrey Sinclair leaves the courthouse with his lawyers Richard Scheff, left, and Ellen C. Brotman, following a day of motions Tuesday, March 4, 2014, at Fort Bragg, N.C. Less than a month before Sinclair's trial on sexual assault charges, the lead prosecutor broke down in tears Tuesday as he told a superior he believed the primary accuser in the case had lied under oath. (AP Photo/The Fayetteville Observer, James Robinson)

FORT BRAGG, North Carolina (AP) — A jury of five two-star generals was seated Wednesday for the court-martial of an Army general believed to be the highest ranking officer to face sexual assault charges.

But the closely watched trial will unfold with lingering questions about the accuser’s credibility and without the prosecutor who led the case for nearly two years.

The prosecutor, Lt. Col. William Helixon, had urged that the most serious charges against Brig. Gen. Jeffrey A. Sinclair be dropped because they rely solely on the woman’s accusation that he twice forced her to perform oral sex and he believes she lied under oath about crucial evidence in the case.

But those above the seasoned sex crimes prosecutor overrode him, rebuffing an offer from Sinclair to plead guilty to lesser charges.

It is extremely rare for such a high-ranking military officer to face a jury. Under the military justice system, members of the panel must be senior in rank to the accused — dictating Sinclair’s jury of major generals.

Opening statements in the case are set for Thursday.

Sinclair’s defense lawyers allege the top brass moved forward because they were worried about the political fallout that would result if the charges were dropped.

The case against Sinclair, believed to be the most senior member of the U.S. military ever to face trial for sexual assault, comes as the Pentagon grapples with a troubling string of revelations involving rape and sexual misconduct within the ranks. Influential members of Congress are also pushing to remove decisions about the prosecution of sex crimes from the military chain of command.

Sinclair, the former deputy commander of the 82nd Airborne, has pleaded not guilty to eight criminal charges including forcible sodomy, indecent acts, violating orders and conduct unbecoming an officer and a gentleman. He faces life in prison if convicted of the sexual assault charges.

Lawyers for the married father of two have say he carried on a three-year extramarital affair with a female captain under his command during tours in Iraq and Afghanistan. The admission of an affair will almost certainly end his Army career.

In pretrial hearings, prosecutors have painted Sinclair as a sexual predator who abused his position and threatened to kill the accuser and her family if she told anyone of their relationship.

The Associated Press does not publicly identify the alleged victims of sexual assaults.

The lead prosecutor had become convinced the accuser lied under oath when she testified in January about evidence collected from a cellphone.

The captain testified that on Dec. 9, shortly after what she described as a contentious meeting with prosecutors, she rediscovered an old iPhone stored in a box at her home that still contained saved text messages and voicemails from the general. After charging the phone, she testified she synced it with her computer to save photos before contacting her attorney.

However, a defense expert’s examination suggested the captain powered up the device more than two weeks before the meeting with prosecutors. She also tried to make a call and performed a number of other operations.

Three additional experts verified those findings.

 

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