Investigator recommends McKinney be court-martialed
But he doesn't have final say
September 19, 1997
Web posted at: 1:04 p.m. EDT (1704 GMT)
WASHINGTON (CNN) -- An investigator for the U.S. Army has
made a preliminary recommendation that its top enlisted
soldier be court-martialed on 22 counts of sexual misconduct,
CNN learned Friday.
Sgt. Maj. of the Army Gene McKinney is accused by six
military women of making improper sexual advances. The
investigator, Col. Robert Jarvis, proposes that McKinney be
tried for allegations of indecent assault, adultery and
obstruction of justice.
But Jarvis, who submitted his report to the Army on
Wednesday, rejected a request by the chief prosecutor to add
rape to the list of charges against McKinney. His report was
based on more than 6,000 pages of testimony and exhibits.
The Army declined comment, because the recommendation is part
of a sealed judicial record.
McKinney, 46, has denied all the allegations and said he
believed the case against him was racially motivated.
McKinney, who has served in the Army for nearly 30 years, is
the first black to serve as its top enlisted man.
Sources said Jarvis' recommendation was sent to Col. Owen
Powell, the next officer in the chain of command. Powell is
not bound by Jarvis' recommendations and has no deadline for
completing his review, the Army has said.
The final decision on whether McKinney should be tried would
be made by Maj. Gen. Robert F. Foley, commander of the
Military District of Washington.
Among those who have accused McKinney of sexual misconduct
was Brenda Hoster, who at one time was McKinney's public
affairs officer. She has said that during a 1996
work-related trip to Hawaii, McKinney came to her hotel room,
lifted her up and kissed her.
After Hoster told her story in public, the other accusers
Sgt. Christine Roy was the only one to allege that McKinney
had sex with her. She said she reluctantly gave in on October
30, 1996, when she was almost eight months pregnant. In his
closing statement at the hearing, the government prosecutor
said testimony on the alleged incident justified adding rape
to the charges.
But Jarvis apparently denied that request.