Air Force delays court-martial of female B-52 pilot

Senator presses Pentagon for honorable discharge

In this story:

Senate majority leader backs Flinn
Ex-lover speaks out
Publicity generates some sympathy
VXtreme steaming audio

May 20, 1997
Web posted at: 9:28 p.m. EDT (0128 GMT)

MINOT AIR FORCE BASE, North Dakota (CNN) -- The Air Force ordered a delay Tuesday in the court-martial of its first female B-52 bomber pilot, so it can review her request for an honorable discharge.

The case against 1st Lt. Kelly Flinn was to start Tuesday. She is charged with adultery, disobedience, fraternization and lying to investigators in a case that has drawn public attention because of her pioneering role in the military and the implications for the military's controversial sexual code of conduct.

Flinn's request for an honorable discharge, officially made Monday, "is being forwarded through the chain of command to the secretary of the Air Force for consideration," Air Force spokesman Joe LaMarca said.

Officials said the request could land on Secretary Sheila Widnall's desk within 48 hours, but would not speculate on how long it would take her to reach a decision.

Pentagon sources have said Widnall has no intention of granting Flinn's request. Flinn has said, through her lawyer, that if she is denied a discharge, she'll go to trial.

If convicted on all charges, she could face dismissal and up to 9 1/2 years in prison.

Senate majority leader backs Flinn

But Flinn acquired a powerful ally Tuesday. Senate Majority Leader Trent Lott, R-Mississippi, could make life uncomfortable for top Pentagon officials who depend on Congress for military spending.

Lott said the Air Force has "badly abused" Flinn. "At minimum, she ought to get an honorable discharge." Lott planned to discuss the issue with Defense Secretary William Cohen.

Ex-lover speaks out

Flinn, who is 26 and single, has acknowledged having an affair with a married civilian and having sex with an enlisted man, both of which violate the military code of conduct. She is accused of lying about the relationship to investigators and disobeying an order to end it.

Also Tuesday, her ex-lover Marc Zigo spoke out on CNN's "Talk Back Live." Zigo said Flinn orchestrated the publicity surrounding her case and that, contrary to her version of events, knew he was married at the time of their affair.

"She had dinner with myself and my wife and friends while I was in Minot, North Dakota. She was well aware of the marriage," Zigo told CNN.

Zigo, a civilian soccer coach, said he had no intention of ruining her reputation. "My intentions are to tell the truth, which I did in the first place and she did not." He also denied Flinn's accusations that he was a "con artist."

"He's going to say all kinds of things, and we have plenty of ammunition for cross-examination," said Flinn's civilian lawyer Frank Spinner, referring to Zigo's comments.

"I expected to be in front of the judge this morning trying to argue for a delay and I was surprised. My guess is this particular resignation is probably going through the chain of command faster than any resignation in the history of the Air Force."

	VXtreme streaming audio
Senator Lott's comments Marc Zigo's comments More of Zigo's comments Frank Spinner's comments

Publicity generates some sympathy

Flinn has garnered much public support for her position, and military officials say privately that they are frustrated by that. Flinn argues that although she did have the affairs and lie to investigators, the proposed punishment far outweighs her crimes.

Cohen refused to discuss Flinn's case in television appearances on Tuesday. Under Article 37 of the Uniform Code of Military Justice, commanders must avoid discussions or statements that would amount to "unlawful influence on the actions of a court-martial." The ban also applies to the defense secretary.

The law is meant to shield decisions in military disciplinary actions from personal or political pressure. For that reason Congress, while it can review how an investigation was conducted, has no authority to influence, interfere or overturn the results of a court-martial.

The Air Force has stressed that the non-adultery charges against Flinn, such as disobeying an order to end one affair and lying to investigators, are the most egregious.

The maximum penalty for lying is a five-year prison sentence; an adultery conviction carries a maximum penalty of one year.

Flinn's lawyers said if she received a less-than-honorable discharge from the Air Force, it could preclude her from flying for the National Guard or the military reserves. It might also affect any job prospects as a commercial pilot.

Correspondent Jamie McIntyre and Reuters contributed to this report.