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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 came forward.
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.
Related stories:
- Army accepts 'scathing indictment' about sexual harassment - September 11, 1997
- Army general reprimanded for sex scandal - September 10, 1997
- Prosecutor seeks rape charge against McKinney - August 25, 1997
- Once again, Army delays release of reports on sexual misconduct - July 29, 1997
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