Defense Claims Bias at Top in Army Sex Case

Attorneys for a former drill sergeant charged with 25 counts of rape asked a judge Monday for permission to question three top Army officials to try to show that they have prejudiced the case.

Staff Sgt. Delmar Simpson’s lawyers said the officials’ public statements last fall about the seriousness of the case could represent “unlawful command influence”--leading commanders at the Aberdeen Proving Ground to bring unreasonable charges against Simpson.

In a hearing to prepare for his trial, which starts Monday, the lawyers asked to question Army Secretary Togo West Jr., Army Chief of Staff Dennis J. Reimer and Assistant Army Secretary Sarah Lister.

A statement made by Lister that “there is no such thing as consensual sex between a drill sergeant and a trainee” may have tainted the case, said one of Simpson’s attorneys, Capt. Edward Brady.

“When a general speaks, a colonel will jump,” said Maj. Mike Sawyers, another attorney for Simpson. “When the secretary of the Army speaks, generals will jump.”

Army prosecutor Capt. Theresa Gallagher opposed the request for three hours of interviews with the top officials as a “three-hour fishing expedition.”

The judge said he would rule on the motion today.

Simpson could face up to life in prison if convicted of the charges of rape, attempted rape and extortion at the Aberdeen Proving Ground, a training and weapons-testing base.

Women’s advocates say the case will show if the Army is serious about dealing with sexual misconduct. After two prosecutions, the military has yet to convict any Aberdeen staff members of forcing subordinates to have sex with them.

In the first Aberdeen court-martial, the government dropped charges of rape and forcible sodomy against Capt. Derrick Robertson in return for his guilty pleas to consensual sodomy, adultery and other offenses. He will be discharged after serving four months in prison.

In a second case, an Aberdeen staff sergeant was cleared of all sexual-misconduct charges.

The investigation of sexual harassment has resulted in criminal charges against 10 soldiers at Aberdeen, 30 miles northeast of Baltimore, and spread to Army bases worldwide. The scandal also includes allegations of racism; all of the men facing criminal charges are black and most of their accusers are white.