Defense lawyers for Army 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 innocent of the 20 charges against him.At a pre-trial hearing at this Army base south of Washington, McKinney's civilian lawyer, Charles Gittins, argued that key 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."