General pleads guilty to lesser charge in sexual assault case





Defense attorney Richard Scheff said Monday that Sinclair is admitting to his mistakes, but added that the general is pleading guilty to behavior that likely wouldn’t be criminal in the civilian world.

Scheff said he expected Sinclair “to retire at a reduced rank and go home to his family.” Scheff said he understands that the military needs to take a harder line against sexual assault but that there must be a balance: “It doesn’t mean every complaint that’s brought should go forward.”

Brig. Gen. Jeffrey Sinclair leaves the courthouse with his lawyers Richard Scheff and Ellen C. Brotman.Photo: AP


Ultimately, the judge will give Sinclair a sentence that can’t exceed terms in the agreement struck between defense lawyers and military attorneys. The legal agreement is likely to require a punishment far less severe than the maximum penalties of 15 years in prison and dismissal from the Army.


Retired Maj. Gen. Walt Huffman, a Texas Tech University law professor who previously served as the Army’s top lawyer, said Sinclair could be busted back two ranks to lieutenant colonel because the affair at the heart of the case began before his most recent promotion.

Huffman also said it’s possible the judge could sentence Sinclair to a punishment lower than what’s called for in the plea agreement.

“If the judge determines he was a good soldier who served his country well other than his inability to control his zipper, then the judge might cut him a break,” Huffman said. “But either way, his career in the Army is going to be over.”




Prosecutors did not comment on the deal or the case before Monday’s hearing.




At the hearing, Pohl will sentence Sinclair based on the evidence presented before unsealing the plea deal. Sinclair will receive whichever is the lesser punishment — the judge’s sentence or the negotiated pre-sentencing agreement with prosecutors.

Capt. Cassie L. Fowler, the military lawyer assigned to represent the accuser’s interests, did not respond to a message seeking comment Sunday.

In a December letter, Fowler had argued to prosecutors that dismissing the sexual assault charges against Sinclair would not only harm her client, but would set back the military’s broader fight to combat sexual assault.


Share Selection