Open Hearing Weighed in Top Enlisted Man’s Sex Case
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WASHINGTON — The U.S. Court of Military Appeals on Friday delayed a hearing into sexual misconduct charges against the Army’s top enlisted man so it could consider arguments of critics who say the proceeding--the equivalent of a civilian grand-jury hearing--should be open to the public.
The hearing, which had been scheduled for Monday, is intended to decide whether the charges against Army Sgt. Maj. Gene C. McKinney are serious enough to warrant a court-martial.
McKinney, along with his chief accuser and some news organizations, has contended that such proceedings are often open to the public, adding that the military has no good reason to close this one.
Those critics were joined in a friend-of-the-court brief on Friday by two groups made up of military law specialists: The National Institute for Military Justice, and the Judge Advocates Assn.
In statements, the organizations said it is ‘truly baffling” that the Army wants to close the proceeding at a time when the public has shown an “extraordinary interest” in learning how the military justice system functions.
Col. Owen C. Powell, the convening military authority for the court-martial, last month ordered the hearing closed to avoid damage to the “integrity” of the criminal justice system, according to an Army spokesman. Army Secretary Togo West Jr. and Army Chief of Staff Gen. Dennis J. Reimer have expressed their support for the decision.
And Army officials have pointed out that grand jury proceedings are secret--indeed, civilians can be thrown in jail for disclosing information about them.
But the critics contend that such Army hearings, called Article 32 proceedings, are normally open in the Army and only rarely closed in the Navy and Air Force.
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The military’s manual for courts-martial says that “ordinarily, the proceedings of a pretrial investigation should be open to spectators,” noting exceptions for cases involving minors, classified information or timid witnesses.
On Monday, the appeals court will hear arguments for and against opening the hearing.
Based on the statements of four women, the Army has filed preliminary charges against McKinney of maltreatment of subordinates, adultery, assault, communication of threats and obstruction of justice.
McKinney has filed a request for an honorable discharge. But the Army could face a public outcry if McKinney is allowed to retire and the charges are dropped without a full hearing.
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