Thirteen Air Force generals trek to San Antonio for rape trial

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Air Force News

From the 13, lawyers will pick eight generals to serve as jurors in the court-martial of one of their own, Maj. Gen. Phillip Stewart.

A rare trial of an Air Force general accused of sexual assault got under way in San Antonio on Tuesday as prosecutors and defense attorneys began questioning potential jurors — all of them generals. The generals, a mix of two-, three- and four-star commanders, include a pair who became known for their leadership roles in San Antonio during the pandemic. They are among 13 generals summoned to Fort Sam Houston for possible service on a jury that will decide the fate of one of their own, Maj. Gen.

What to know about the rape case against Maj. Gen. Phillip Stewart “It’s my first time to speak to 13 general officers,” Lt. Col. Pete Havern, trial counsel for the Air Force, told the assembled brass after they had taken their seats in a small courtroom Tuesday morning. Military law requires that Stewart’s guilt or innocence be decided by a judge or by a jury of eight officers of his rank or higher. Stewart opted for a jury. Three of the potential jurors are women, and two are Black.

Tricky jury selection rules will bring constellation of generals to San Antonio During jury selection on Tuesday, Havern and the lead defense attorney, Sherilyn A. Bunn, asked the 13 generals questions designed to elicit information that could bear on their ability to serve impartially. Bunn asked whether someone who engaged in open-mouth kissing and a few minutes of heavy petting with someone else could be considered to have consented to further sexual activity.

Former top San Antonio Air Force general ordered to stand trial for alleged rape of female officer The evidence against Stewart was aired at an Article 32 hearing at JBSA-Randolph in October. An Article 32 hearing is similar to a civilian grand jury proceeding, held to determine whether there is sufficient evidence of a crime to warrant a trial. During that hearing, defense lawyers said the female officer joked with Stewart during their encounters and kissed and hugged him.

 

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