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Rare Sex-Crimes Case re US General May Be Derailed by Prosecution’s Access to His Email with Counsel

Posted Nov 5, 2012 5:33 PM CDT
By Martha Neil

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Just as an Article 32 military hearing was about to get under way concerning evidence that could be used in an unusual criminal case against a U.S. Army general concerning his sexual conduct with subordinates at American military bases and abroad, a major issue has come to light.

Contrary to the terms of a subpoena, the prosecution saw email messages between Brig. Gen. Jeffrey Sinclair, his wife and his legal counsel in which they discussed the accusations against him, the Associated Press reports.

The Fayetteville Observer also has a story.

The defense is asking Maj. Gen. Perry L. Wiggins, who is conducting the hearing at Fort Bragg, N.C., to either assign new prosecutors or dismiss the case over the breach of attorney-client confidentiality.

The defense found out earlier this month that the prosecution had seen the emails when they appeared amidst some 16,000 pages of discovery turned over by the government.

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