Judge says there is evidence of improper influence in prosecution of Army general on sexual assault

[The Straight Story]

FORT BRAGG, N.C. (AP) — A military judge says there is evidence of improper influence in the prosecution of an Army general on sexual assault charges.

Military judge Col. James Pohl issued a finding Monday that there is the appearance of such influence after reviewing emails between a top Pentagon lawyer and the prosecutors.

He then began discussing with lawyers whether to dismiss charges against Brig. Gen. Jeffrey A. Sinclair or proceed with the case.

Defense lawyers presented the new evidence Monday.

At issue are emails from December between the prosecution team at Fort Bragg and a top Pentagon lawyer regarding a potential plea deal that was ultimately rejected. It is unlawful in the military justice system for senior commanders outside the chain of command to interfere in prosecutorial decisions.


http://bigstory.ap.org/article/defense-set-grill-accuser-army-sex-case

[MADem]

1. If they dismiss this case (the defendant behaved egregiously) there will be

cries of "The FIX IS IN" and there will be no confidence in the system. This might be the way they'll have to go:

Without seeing the emails, Huffman didn't want to speculate on what the judge might do. But in general, if he determines a superior lawyer crossed the line, he can dismiss the charges, either with prejudice, so they can't be refiled, or without prejudice, allowing prosecutors to file charges at a different base to get rid of any improper influence.

[pinboy3niner]

2. UPDATE: Judge Won’t Dismiss General’s Sex Assault Charges

By MICHAEL BIESECKER
— Mar. 10, 2014 2:38 PM EDT

(FORT BRAGG, N.C.) — A military judge has declined to dismiss sexual assault charges against an Army general.

Judge Col. James Pohl on Monday offered the defense team to let a different commanding general and prosecutors consider a plea deal that was previously rejected. The defense has until Tuesday morning to decide between that option or allow the trial to proceed.

...


http://bigstory.ap.org/article/defense-set-grill-accuser-army-sex-case