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| Air force general draws renewed fire as military sex assault row rumbles on | Air force general draws renewed fire as military sex assault row rumbles on |
| (7 days later) | |
| Lawmakers and victims' advocates have expressed anger at an attempt by a US air force general to justify overturning the sexual assault conviction of a star fighter pilot. | Lawmakers and victims' advocates have expressed anger at an attempt by a US air force general to justify overturning the sexual assault conviction of a star fighter pilot. |
| In a letter to the head of the air force, Lt General Craig Franklin, commander of the Third Air Force in Europe, describes accusations that he did not take sex crimes seriously as "complete and utter nonsense". | In a letter to the head of the air force, Lt General Craig Franklin, commander of the Third Air Force in Europe, describes accusations that he did not take sex crimes seriously as "complete and utter nonsense". |
| But if his remarks it was intended to draw a line under the affair, it has had the opposite effect, provoking another wave of criticism. | But if his remarks it was intended to draw a line under the affair, it has had the opposite effect, provoking another wave of criticism. |
| In the memo to Michael Donley, the secretary of the air force at the department of defense, which was obtained by the Washington Post and published on Wednesday, Franklin said he overruled the conviction of Lt Col James Wilkerson, because of doubts he had on the victim's credibility. | In the memo to Michael Donley, the secretary of the air force at the department of defense, which was obtained by the Washington Post and published on Wednesday, Franklin said he overruled the conviction of Lt Col James Wilkerson, because of doubts he had on the victim's credibility. |
| Franklin said he was "perplexed" that a "doting father and husband" who had been selected for promotion, would decide to commit the "egregious crime of sexually assaulting a sleeping woman". This, and the letters from his supporters pleading clemency, contributed to his reasonable doubt, he said. | Franklin said he was "perplexed" that a "doting father and husband" who had been selected for promotion, would decide to commit the "egregious crime of sexually assaulting a sleeping woman". This, and the letters from his supporters pleading clemency, contributed to his reasonable doubt, he said. |
| The memo, dated 12 March, is the first explanation Franklin has given of why he chose to use his authority under the Uniform Code of Military Justice to, in effect, wipe Wilkerson's conviction. Franklin's ruling is final and Wilkerson, who had been sentenced to a year in prison and given a discharge by a military judge, has since been reinstated. | The memo, dated 12 March, is the first explanation Franklin has given of why he chose to use his authority under the Uniform Code of Military Justice to, in effect, wipe Wilkerson's conviction. Franklin's ruling is final and Wilkerson, who had been sentenced to a year in prison and given a discharge by a military judge, has since been reinstated. |
| The case, which highlighted the ultimate power of commanders as "convening authorities" to nullify a conviction by a military jury, became a focus of last month's Senate hearing on military sexual assault. | The case, which highlighted the ultimate power of commanders as "convening authorities" to nullify a conviction by a military jury, became a focus of last month's Senate hearing on military sexual assault. |
| Lawmakers and advocates groups said it was symptomatic of the military's failure to address an epidemic of sexual assault and called for an end of a commanders ability to overturn verdicts. Last week, Chuck Hagel, the US defence secretary, recommended that Congress change military law so that they can no longer do so in cases involving sexual assault. | Lawmakers and advocates groups said it was symptomatic of the military's failure to address an epidemic of sexual assault and called for an end of a commanders ability to overturn verdicts. Last week, Chuck Hagel, the US defence secretary, recommended that Congress change military law so that they can no longer do so in cases involving sexual assault. |
| Senator Kirsten Gillibrand, the chair of the Senate hearing in March, expressed concern about the letter. In a statement to the Guardian, Gillibrand said: "The already deeply disturbing Wilkerson case is now even more disturbing, and this only reinforces my firm conviction that Congress must remove decision making over these cases from the chain of command." | Senator Kirsten Gillibrand, the chair of the Senate hearing in March, expressed concern about the letter. In a statement to the Guardian, Gillibrand said: "The already deeply disturbing Wilkerson case is now even more disturbing, and this only reinforces my firm conviction that Congress must remove decision making over these cases from the chain of command." |
| Senator Claire McCaskill, a senior member of the Senate armed services committee, said: "This letter is filled with selective reasoning and assumptions from someone with no legal training, and it's appalling that the reasoning spelled out in the letter served as the basis to overturn a jury verdict in this case." | Senator Claire McCaskill, a senior member of the Senate armed services committee, said: "This letter is filled with selective reasoning and assumptions from someone with no legal training, and it's appalling that the reasoning spelled out in the letter served as the basis to overturn a jury verdict in this case." |
| McCaskill, who introduced legislation to curtail the power of commanders to overturn convictions in sexual abuse cases, said Franklin's explanation "crystallises" why such legislation was needed. | McCaskill, who introduced legislation to curtail the power of commanders to overturn convictions in sexual abuse cases, said Franklin's explanation "crystallises" why such legislation was needed. |
| Franklin is not a judge, nor did he observe the trial of Wilkerson at Aviano air base in Italy. | Franklin is not a judge, nor did he observe the trial of Wilkerson at Aviano air base in Italy. |
| In his letter, Franklin said he was "somewhat surprised" by the guilty finding but "gave deference to the court-martial jury because they had personally observed the actual trial." | In his letter, Franklin said he was "somewhat surprised" by the guilty finding but "gave deference to the court-martial jury because they had personally observed the actual trial." |
| His decision to review the case came after a request for clemency by Wilkerson and his defence counsel, along with "many compelling clemency letters" which were the "most extensive clemency package" he had ever seen, he said. After a full review of the entire body of evidence, Franklin said, he concluded there was insufficient evidence to support a finding of guilt beyond reasonable doubt. | His decision to review the case came after a request for clemency by Wilkerson and his defence counsel, along with "many compelling clemency letters" which were the "most extensive clemency package" he had ever seen, he said. After a full review of the entire body of evidence, Franklin said, he concluded there was insufficient evidence to support a finding of guilt beyond reasonable doubt. |
| "Accordingly, I could not in good conscience let stand the finding of guilty." It also emerged on Thursday that, in his clemency letter, Wilkerson told Franklin they had flown together once in Iraq, which appears to contradict a statement to the Senate from General Richard Harding that the pair did not know each other. | "Accordingly, I could not in good conscience let stand the finding of guilty." It also emerged on Thursday that, in his clemency letter, Wilkerson told Franklin they had flown together once in Iraq, which appears to contradict a statement to the Senate from General Richard Harding that the pair did not know each other. |
| Wilkerson said: "You may not recall this, sir, but you and I actually flew together, once in Iraq. You were 'red tail 1' at the time, and I was the director of operations for the 77th Fighter Squadron 'Gamblers'. Immediately following this tour, I moved to Korea and took command of the 80th Fighter Squadron 'Juvats' it was and still is, the most rewarding tour I have ever had the privilege of serving." | Wilkerson said: "You may not recall this, sir, but you and I actually flew together, once in Iraq. You were 'red tail 1' at the time, and I was the director of operations for the 77th Fighter Squadron 'Gamblers'. Immediately following this tour, I moved to Korea and took command of the 80th Fighter Squadron 'Juvats' it was and still is, the most rewarding tour I have ever had the privilege of serving." |
| Nancy Parish, the president of Protect our Defenders, a group for victims of military sexual assault, said Franklin made a "deeply flawed and inappropriate" decision and called on him to be dismissed. | Nancy Parish, the president of Protect our Defenders, a group for victims of military sexual assault, said Franklin made a "deeply flawed and inappropriate" decision and called on him to be dismissed. |
| Parish said Franklin's explanation revealed his "true bias" in the case "with broad-brush dismissal of numerous inconsistent statements told by both Mrs and Lt Col Wilkerson that the jury concluded were lies." | Parish said Franklin's explanation revealed his "true bias" in the case "with broad-brush dismissal of numerous inconsistent statements told by both Mrs and Lt Col Wilkerson that the jury concluded were lies." |
| She added: "Rather than rely on the credibility determinations of the senior members of the jury he selected, Franklin chose to accept the word of Wilkerson's supporters. This is especially troubling in that many of those submitting post trial clemency letters had been witnesses at the trial. Their testimony had already been evaluated by the court members and put into proper context. | She added: "Rather than rely on the credibility determinations of the senior members of the jury he selected, Franklin chose to accept the word of Wilkerson's supporters. This is especially troubling in that many of those submitting post trial clemency letters had been witnesses at the trial. Their testimony had already been evaluated by the court members and put into proper context. |
| "Additionally, several of the clemency letters he relied on were from mutual friends of Franklin and Wilkerson. Once again this raises the very real concern of whether a victim can ever receive justice under the current system." | "Additionally, several of the clemency letters he relied on were from mutual friends of Franklin and Wilkerson. Once again this raises the very real concern of whether a victim can ever receive justice under the current system." |
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