McKinney Bid to Drop Charges Rejected

Defense lawyers for Sgt. Maj. Gene McKinney, who faces a court-martial in January for alleged sexual misconduct, failed Saturday to persuade a military judge to dismiss the charges.

As a result, the trial is to open Jan. 6 as scheduled. McKinney has asserted he is not guilty of the 20 charges against him.

At a pretrial hearing at this Army base south of Washington, McKinney’s civilian lawyer, Charles Gittins, argued that key Army figures applied improper “command influence” in the decision to prosecute McKinney. That is grounds, Gittins argued, for dismissing the charges.

Gittins also argued McKinney was prosecuted because he is an enlisted soldier, whereas officers accused of similar offenses usually are allowed to retire quietly. He termed this “selective prosecution.”

In his ruling denying the defense’s motions, the judge, Army Col. Ferdinand Clervi, said he had heard insufficient evidence to support Gittins’ arguments.

Later, the defense argued that the case against McKinney should be broken into six separate trials because the charges involve six female accusers. After Army prosecutors opposed this, Clervi ruled there would be just one trial.

The 46-year-old McKinney, who is married, is charged with 20 counts concerning harassment and sexual-assault claims. He could get up to 56 years in prison if convicted.

McKinney was suspended in February when the first charges were made public. He was permanently removed from his post in October, shortly after he was ordered to face a court-martial.

However, he retains the rank of sergeant major and has stayed on active duty to prepare his defense. He attended Saturday’s session but did not testify or speak with reporters.