Charges Referred Against BGEN Sinclair
Lt. Gen. Daniel B. Allyn, commander of the 18th Airborne Corps [corrected] referred charges against BGEN Sinclair yesterday, accusing him of forcible sodomy and a host of other charges including violation of a direct order to stay away from the woman he allegedly assaulted.  WaPo coverage here and wired coverage (and a copy of the charge sheet) here.

Ft. Carson Sergeant’s Serial Sexual Assault Trial Begins
Here is a report from the Colorado Springs Gazette on court-martial proceedings against Sergeant Alberto Siva-Sadder. The charges include three sexual assaults of female soldiers that allegedly occurred after they passed out while drinking with the Sergeant.

Private Danny Chen Related Cases End
Here is reaction to the last case related to the Private Danny Chen suicide. And here is NYT coverage of the plea deal in that case, the only officer case related to Chen’s suicide after repeated hazing by Chen’s fellow soldiers.

H/t PC

3 Responses to “Military Justice News for Wednesday, Dec. 19, 2012”

  1. Tami says:

    I’m not seeing a copy of the charge sheet.

  2. k fischer says:

    After reading the article regarding the Carson court martial of SGT AS-S, I feel sympathy for Frank Spinner.  This sounds like the brave new world of military sexual assault prosecutions.  Maybe this NCO is a predator and he gets women drunk, so that he can take advantage of him.  If so, then that’s great, another predator off the street.
    Maybe, he is a guy who meets girls in bars and hooks up and it is all consensual.  Then, one woman files a false allegation.  CID gets involved and they start interviewing all his ex-girlfriends with whom he broke up with in the past.  They explain that he raped some girl when she was drunk and they want to know whether he did anything like that with them.  They tell the ex-girlfriend that its okay, be honest, we are trying to put this bad man away.  Did he ever have sex with you after you had been drinking?  All CID needs are two other women to say that he took advantage of them while they were drunk at ANY point during their relationship to make him look like a serial rapist. 
    The question is: how is a panel supposed to know which happened?  Is the guy a sexual predator, or is he a player who has to deal with a couple of disgruntled or duty-bound-to-get-a-predator-off-the-street ex-girlfriends who actually were quite capable of consenting.
    I think that DoD should add a Defense counsel component to the annual Sexual Assault Awareness training in April to explain what happens to a player when falsely accused:  (1) CID will interview people in your unit and ask them who you dated; (2)  CID will interview the people who you dated and inform them you are a rapist being investigated for rape; (3)  CID will ask general questions for women who have to be led because they don’t necessarily hate you, but will ask for specific instances surrounding the events for women who appear to have an axe to grind against you; (4) CID will disregard interviews of women who have positive things to say about you and cannot be led, but hopefully your attorney might be able to find the agents hand written notes from the positive interviews in the envelope on the left side of the file, that is, until the agents figure this out and stop taking handwritten notes; (5) You will face court martial; (6) Everyone in the unit will hear that you raped 3 women and you will have no friends; (7) You might be thrown in pretrial confinement because you are such a serial rapist; (8) The Army will be sure to send to your duty station one, or maybe even two, Special Victim Prosecutors who are Senior Captains or Majors, along with one Highly Qualified Expert to assist them during your court martial; (9) TDS will detail you a defense counsel who might be senior in rank or date of rank to the SVP; (10) The Government will hire some expert to testify that all the stuff you would think a victim wouldn’t do is perfectly reasonable; and (11) Every panel member and trial judge who determines your guilt and your sentence will have sat through this annual training at least five times.  
    So, being a player not only subjects you to the dangers of STDs or unwanted pregnancies; now you have to worry about being falsely accused.  Good luck.

  3. k fischer says:

    Tami try this link:
    http://www.scribd.com/doc/117305901/BG-Sinclair-Charges-Sensitive-Information-Redacted-pdf