Lawyers for Former Top Army Soldier Criticize Dismissal of Juror

Lawyers defending the Army’s former top soldier on sexual misconduct charges complained Thursday that the dismissal of the only black enlisted man from the jury pool risks making the government look racist.

“How is it going to appear?” defense lawyer Lt. Col. V. Montgomery Forrester said on the second day of jury selection. “It’s not going to appear good at all that the government has removed the only [enlisted] African American member of the panel.”

A black officer was left in the jury pool.

Sgt. Maj. Gene C. McKinney, 47, was the first black person to become sergeant major of the Army, a specially appointed post that serves as an advocate at the Pentagon for the enlisted ranks.

Six women accuse McKinney of pressuring them for sex, and in some cases grabbing or threatening them. He faces 55 1/2 years in a military prison if convicted of the 19 charges against him.

McKinney has said he was singled out for prosecution because of his race, while officers, most of them white, were allowed to quietly retire when confronted with similar charges.

Although he resigned from his post after the first allegations were made last year, he remains in uniform.

The military judge in McKinney’s court-martial agreed Thursday to strike the only black enlisted man in a pool of potential jurors after prosecutors argued that he had close ties to McKinney and could not be impartial.

The potential juror said he called and visited McKinney at his home after the misconduct allegations became public.

Military juries must have at least five members and may have up to 12. At McKinney’s request, at least one-third of the jury must be made up of enlisted soldiers. Lawyers on both sides agreed on five jurors Thursday.

Lawyers questioned three of the enlisted alternates Thursday. All know McKinney, a 29-year veteran, and one said he had sent McKinney an e-mail message of support after the charges became public.

Questioning was scheduled to continue today.