- Associated Press - Tuesday, March 11, 2014

FORT BRAGG, N.C. (AP) - A military judge on Tuesday dismissed the jury in the midst of an Army general’s court martial on sexual assault charges to give prosecutors and defense lawyers time to hammer out a plea deal in the closely watched case.

Judge Col. James Pohl made the highly unusual move after new evidence indicated that political concerns may have improperly influenced military officials’ rejection of a previous plea offer by made by Brig. Gen. Jeffrey A. Sinclair.

A jury of five two-star generals had assembled at Fort Bragg last week from as far away as Korea and Alaska to decide the case. They appeared confused as the judge sent them back to their duty stations around the world, saying they may or may not be asked to return.

“There are other issues that have come up in this trial,” Pohl told the jurors as he dismissed them. “Sometimes there are twists and turns you can’t anticipate.”

Pohl reviewed newly disclosed emails in Sinclair’s case Monday and said he found the appearance of “unlawful command influence” in Fort Bragg officials’ decision to reject a plea bargain with the general in January. He declined a request from the defense to dismiss the charges outright, but allowed the trial to be delayed indefinitely while Sinclair’s lawyers negotiate with a new set of Army officials not previously involved with the case.

If they fail to reach a deal, the trial would resume. But with the jury sent packing, it appeared highly unlikely that would happen anytime soon.

The latest upheaval in the Sinclair case comes as the Pentagon under heavy pressure from Congress and beyond to combat rape and other sex crimes in the military. The long-awaited trial began last week after two earlier start dates were delayed and the replacement of the lead lawyers for both the defense and prosecution teams.

Under the military code of justice, the decision on whether to accept the Sinclair’s plea offer was supposed to be decided solely on the evidence, not its broader political implications for the Army’s fight against sexual assault.

But Pohl said the emails showed that the military officials who rejected the plea bargain had discussed a letter from the accuser’s lawyer. The letter warned that allowing the general to avoid trial would “send the wrong signal.”

Sinclair, 51 and the former deputy commander of the 82nd Airborne Division, is accused of twice forcing a female captain to perform oral sex on him in Afghanistan in 2011 during a three-year extramarital affair. He has admitted to the affair but denied assaulting the woman.

The defense has portrayed the woman as a liar who concocted the allegations after she saw emails suggesting a romantic relationship was developing between Sinclair and another young officer.

Sinclair, believed to be the highest-ranking U.S. military officer court-martialed on sexual assault charges, appeared upbeat as he left the courthouse Tuesday morning, joking with the military police officers who guard the door.

Lead defense attorney Richard Scheff said Sinclair would not agree to plead guilty to any charges involving sexual assault or any charges that would result in his being required to register as a sex offender.

“He did not sexually assault anybody,” Scheff said. “He did not threaten anybody. He’s not maltreated anybody. We’d love to resolve the case. But if we can’t, we look forward to our day in court and his vindication.”

Even though the defense team appeared optimistic it could reach a deal, Scheff said it might still be weeks before the case is resolved.

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