McKinney jury resumes deliberations Friday

McKinney

In this story:

• Questions about circumstantial evidence
• Only two-thirds vote required
• Related stories and sites

March 12, 1998
Web posted at: 5:29 p.m. EST (2229 GMT)

FORT BELVOIR, Virginia (CNN) -- The military jury deliberating the case of Sgt. Maj. Gene McKinney will reconvene Friday after meeting for a second straight day without reaching a verdict.

The jurors met for 10 hours Wednesday and Thursday before asking the judge, Col. Ferdinand Clervi, for further instructions on the concept of circumstantial evidence.

"I think a lot of us don't understand circumstantial evidence," Sgt. Maj. Charles Jackson told the judge.

After asking the jurors to put the question in writing, Clervi met with attorneys from both sides. He then read to the jurors detailed instructions, noting that such evidence may be enough to convict or to find the reasonable doubt needed to acquit.

For example, Clervi told the jurors, seeing rain fall is direct evidence that it rained. Waking to find the streets wet is circumstantial evidence of rainfall.

"However, the street may be wet because of lawn sprinklers, a broken water main or other reasons," he explained. "Because you did not see it rain, you must decide what actually caused the street to be wet. You do that by applying your own common sense and your knowledge of human nature and the ways of the world."

Much of the case against McKinney is based on circumstantial evidence. His six accusers and others testified that McKinney did or said things for which there is no physical proof.

Only two-thirds vote required

Unlike civilian trials, the verdict in a court-martial does not have to be unanimous, and the case cannot end in a hung jury. If two-thirds of the jury -- six of the eight jurors in McKinney's trial -- vote to convict, he will be found guilty. If there are five or fewer guilty votes, he will be acquitted.

The jury, consisting of four officers and four enlisted men, will take separate votes on each of the 19 counts against McKinney, ranging from adultery to obstruction of justice.

Six military women testified during the trial that McKinney sexually abused, harassed or threatened them. Five of them are at this Army base 20 miles south of Washington awaiting the verdict.

McKinney has denied all the charges. His lawyer portrayed him as a success story and his accusers as liars and manipulators who got preferential treatment by coming forward. Military prosecutors claimed that the women suffered hardships after making their allegations in the year-long case.

The 47-year-old McKinney has served nearly 30 years in the Army. In 1995, he was appointed sergeant major of the Army, a prestigious post that represents the enlisted ranks in Washington.

He was removed from that post after the accusations surfaced last year. He faces up to 55 1/2 years in prison and loss of rank and retirement benefits if convicted.

The Associated Press contributed to this report.

Related stories:

• Closing arguments begin in McKinney court-martial - March 10, 1998
• Closing arguments in McKinney case set for Tuesday - March 9, 1998
• Doubt cast on McKinney's alibi - March 6, 1998
• McKinney's attorney wants Army prosecution investigated - March 5, 1998

Related sites:

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• U.S. Army
• Army Policy on EO and Sexual Harrassment
• Department of Defense: Sexual Harassment

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