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Army charges retired general in sex scandal

Case proceeds to military 'grand jury'

hale
Hale  
December 10, 1998
Web posted at: 2:33 p.m. EST (1933 GMT)

In this story:

WASHINGTON (CNN) -- The U.S. Army proceeded with charges Thursday stemming from a sex scandal that could lead to the first-ever court-martial of a retired Army general.

Maj. Gen. David Hale faces 17 charges of lying, conduct unbecoming an officer and obstruction of justice. He is accused of making false statements to Army officials and investigators and conducting improper relationships with the wives of several subordinate officers.

The charges are being forwarded to the military equivalent of a civilian grand jury. An Article 32 hearing will be held to determine if the evidence against Hale is strong enough to warrant a criminal prosecution, or whether he should be punished administratively.

The charges against Hale include six counts of "making false official statements," nine counts of "conduct unbecoming an officer" and two counts of obstruction of justice.

If the case goes to a military trial, Hale would become the first retired Army general to be court-martialed. If convicted, Hale could face a prison term. If punished administratively, he could lose pension benefits.

Hale retired in February after serving only four months as the Army's deputy inspector general in the Pentagon.

Decision upsets main accuser

Hale was accused by Donnamaria Carpino of coercing her into a sexual relationship by threatening her husband's Army career at a NATO base in Izmir, Turkey.

Hale is accused of obstructing justice by telling Carpino that if she did not keep silent about their affair, he would testify against her in a child custody case.

He is also charged with directing a civilian government worker to delete potentially incriminating computer files.

Carpino also claims Hale manipulated her into a relationship with him by falsely accusing her husband, an Army colonel, of adultery and offering to protect him from prosecution if she became his lover.

The Pentagon Inspector General report did not substantiate that charge, but did find that Hale committed adultery with Carpino and had improper relationships with three other wives of subordinate officers. The report concluded that the sexual activity was consensual.

Hale has denied the charges.

Carpino expressed "disappointment" that the charges announced Thursday did not specify adultery, instead referring to his relationship with Carpino and the wives of other officers as "improper relationships."

Carpino also told CNN, "The road to justice is slow. I have had to fight this tooth and nail."

Army accused of 'double standard'

Hale's case became controversial when Army Chief of Staff Gen. Dennis Reimer allowed Hale to retire while he was still being investigated for sexual misconduct.

That prompted criticism that the Army has a "double standard" of prosecuting lower-ranking officers and enlisted personnel, while allowing senior officers to retire quietly without punishment.

On Thursday, Reimer defended his decision.

"There are no options foreclosed to us today than there were available to us before we made the decision to retire him. Given that, I'm not sure I would do things much differently."

He also denied accusations of a double standard.

"The Army does not have a double standard. I think we have been very open and very forthcoming with the way we have investigated and the way we have handled these cases," Reimer said.

Reimer said while he was aware an investigation of Hale was under way at the time of his retirement request, he did not know the "seriousness" of the allegations.

Army officials said there are new procedures in place to make sure the Army chief is more fully informed before making decisions about the retirement of officers.

Court-martials of high-ranking officers rare

According to legal experts, the military has court-martialed only two officers of the rank of admiral or general since 1951.

The Washington Times reported that "in the 1950s, a Navy admiral was prosecuted for sodomy and lewd behavior as a retiree. An Army major general on active duty stood trial on charges of disclosing classified information and dereliction of duty. Both were convicted."

Legal experts said appeals courts have upheld the military's authority to prosecute retired personnel who receive retirement pay.

The Navy last week declined to court-martial a one-star admiral, who had steered government contracts to a civilian woman with whom he had an adulterous affair.

Instead, Rear Adm. John Scudi received administrative punishment and will likely be reduced in rank to captain, losing hundreds of thousands of dollars in potential retirement benefits.

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