McKinney sentencing phase under way

March 16, 1998
Web posted at: 5:44 a.m. EDT (0544 GMT)

FORT BELVOIR, Virginia (CNN) -- The military jury that cleared former Sgt. Maj. Gene McKinney of sexual misconduct allegations made by six women returns to court Monday to decide his penalty for obstructing justice -- the only charge among 19 he was convicted of.

McKinney, the Army's former top enlisted man, faces a possible five years in prison or a dishonorable discharge for telling one of his accusers what she should say to investigators. Had McKinney been convicted on all counts, he faced up to 55 1/2 years in prison.

The sentencing phase of McKinney's court-martial will include arguments from both sides and a replay of the taped telephone conversation that is the basis for McKinney's lone conviction.

The judge, Col. Ferdinand Clervi, listens as McKinney testifies during the trial

In the taped call two weeks after the Army began its investigation last year, McKinney is heard telling a young subordinate: "Just tell them that we talked ... No inappropriateness at all, just that we talked."

On Friday, the jury of four officers and four enlisted men returned its verdict after deliberating for 20 hours, following a six-week trial that featured testimony from all six military women, as well as McKinney's blanket denial.

The 47-year-old McKinney was court-martialed after the women accused him of pressuring them for sex. He faced 19 charges, including indecent assault; making threats; adultery, which is a crime in the military; and obstruction of justice.

Hoster

Brenda Hoster, a retired sergeant major who formerly worked as McKinney's press aide, was the first to come forward. She was followed by five other military women who told their stories at a military hearing last summer and again, in vivid detail at the court-martial.

McKinney heatedly denied any wrongdoing and suggested that at least two of his accusers were out for revenge -- one for being fired and the other because he rejected her advances. He also contended before the trial that he was being singled out because of his race. He is black; his accusers are white.

McKinney told jurors that as a minority, he had a special compassion for women striving to make it in the military, and denied ever harassing anyone.

When the verdict was read Friday, a stiff and impassive McKinney stood silently with his wife gasping and sobbing behind him. Hoster, also in the courtroom, shook her head in disbelief.

Related stories:

• Attorney: McKinney 'pleased' and 'disappointed' at verdict - March 13, 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
• McKinney combative under cross-examination - March 4, 1998
• McKinney denies all charges in Army sex case - March 3, 1998
• McKinney accuser asked to re-enact assault - February 18, 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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