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TOP SOLDIER TO STAND TRIAL IN SEX CASE.


Byline: Associated Press Associated Press: see news agency.
Associated Press (AP)

Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world.
 

Sgt. Maj. of the Army Gene McKinney, the service's top enlisted soldier, was ordered Wednesday to face a general court-martial general court-martial
n.
A court-martial consisting of at least five officers for trying major offenses.
 on sexual-misconduct charges involving accusations by six women.

No trial date was set. The Army asked that McKinney be arraigned as soon as possible on 20 counts of misconduct.

McKinney has maintained he is innocent. He remains suspended from his duties as sergeant major of the Army and is assigned to nearby Fort Myer This article is about an Army post in Virginia. For a city in Florida, see Fort Myers, Florida.

Fort Myer is a U.S. Army post adjacent to Arlington National Cemetery in Arlington County, Virginia, across the Potomac River from Washington, DC.
, Va., where he has been working on his legal defense.

The case, which started with sexual-misconduct accusations by a former aide, retired Sgt. Maj. Brenda Hoster, has been a source of enormous embarrassment for the Army, which has contended this year with a string of sexual harassment sexual harassment, in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes.  and abuse cases.

After the initial allegations became public, McKinney asked the Army to allow him to retire.

Charles Gittins, McKinney's civilian defense attorney, said in a telephone interview broadcast by MSNBC MSNBC Microsoft/National Broadcasting Company  that he and McKinney were disappointed in the court-martial decision, but that it was no surprise.

``I think it would be very difficult for a convening authority not to send a case to trial after having spent more than $100,000 investigating it, and having six women make allegations against the sergeant major of the Army, regardless of whether or not the convening authority believed the allegations,'' Charles Gittins said.

McKinney will plead not guilty at his arraignment A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted , Gittins said. ``There's never been any doubt about that. He's not guilty.''

Gittins had said earlier that if a court-martial were ordered he would file a motion detailing cases in which Army general officers accused of the same activity alleged against McKinney were not threatened with prosecution. He said the officers were allowed to retire with full benefits.

Earlier this week, Gittins filed a motion denouncing the Army's initial report from his preliminary hearing as ``flimsy and superficial.'' McKinney, who is African-American, has accused the Army of racial bias.

The decision to take McKinney to trial in a general court-martial was made by Maj. Gen. Robert F. Foley Robert F. Foley (born May 30, 1941) was a United States Army Captain in the Vietnam War. Born in Newton, Massachusetts, he was awarded the Medal of Honor for leading his company,Company A, 2d Battalion, 27th Infantry, 25th Infantry Division, in an assault on a strong enemy , commanding general of the Army Military District of Washington The Military District of Washington (MDW) is one of nineteen major commands of the United States Army. Its headquarters are located at Fort McNair in Washington, D.C. . Foley announced the trial would be held at Fort Belvoir, Va.

Foley also disclosed that two of 22 counts that had been referred to a preliminary hearing this summer were dropped.

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Photo

PHOTO Gene McKinney

To plead not guilty
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Oct 9, 1997
Words:392
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