Colonel may face up to 50 years in harassment-related case

[thedrifter]

Colonel may face up to 50 years in harassment-related case
Reserve officer accused of actions during Kosovo mission

By Steve Mraz, Stars and Stripes
European edition, Tuesday, March 14, 2006


KAISERSLAUTERN, Germany — Army Reserve Col. Nikki S. McCarty faces a maximum of about 50 years confinement on four charges related to sexual harassment that were outlined in a general court-martial that began Monday.

McCarty is accused of sexually harassing eight subordinate female soldiers — ranging in rank from sergeant to lieutenant colonel — at Camp Bondsteel, Kosovo, in early 2005 when he served as commander of Task Force Medical Falcon. A ninth female soldier claims McCarty sexually assaulted her around the same time in the States.

Specifically, McCarty is charged with cruelty and maltreatment, assault, conduct unbecoming an officer and a gentleman, and a general article charge for indecent assault on a person not his wife with the intent to gratify his lust or sexual desires. Under each of the four charges, several specifications detail alleged incidents.

The seven-member panel that will determine McCarty’s fate is composed of two colonels, four brigadier generals and one major general.

Army Capt. Javier Rivera, the co-prosecutor, told the panel members that McCarty’s actions during February, March, April and May 2005 were an “abuse of power.”

“[McCarty] solely used his position not for a peacekeeping mission in Kosovo,” Rivera said. “… The accused used his position to sexually harass his subordinates.”

McCarty’s defense counsel acknowledged that some of the events happened, but that McCarty’s actions did not rise to the level of maltreatment, cruelty or assault.

Maj. Richard Hatfield, one of McCarty’s defense counselors, said McCarty is a “hands-on individual” and “does not have the same sense of personal space others do.”

The defense will also attempt to prove that some of the victims fabricated or embellished their claims.

Early on Monday, two female officers testified that McCarty forcibly kissed them on their lips during their deployment to Kosovo.

However, during cross-examination, each woman testified that they did not immediately report the incident.

“He was the commander,” one of the female officers said. “He had just gotten there. I didn’t think anyone would believe me.”

Neither of the officers said anything to McCarty about how they thought the kisses were inappropriate immediately after they happened, the female officers testified under cross-examination.

The court-martial is scheduled to resume Tuesday in Kaiserslautern.

Ellie

[thedrifter]

Colonel gets 3 years for sexually harassing female subordinates in Kosovo

By Steve Mraz, Stars and Stripes
European edition, Wednesday, March 15, 2006

KAISERSLAUTERN, Germany — Army Reserve Col. Nikki S. McCarty was sentenced to three years confinement and dismissed from the Army after being found guilty of four charges related to sexual harassment at a court-martial Tuesday.

McCarty, 59, was also sentenced to a reprimand and forfeiture of all pay and allowances.

The seven-member panel, composed of generals and colonels, took about 30 minutes to reach its decision on McCarty’s sentence. He had faced a maximum of 51½ years of confinement.

McCarty was found guilty of cruelty and maltreatment to subordinates, assault, conduct unbecoming an officer and a gentleman, and indecent assault.

He was convicted of sexually harassing and assaulting eight subordinate female soldiers in early 2005 at Camp Bondsteel, Kosovo. McCarty served as commander of Task Force Medical Falcon at the base in early 2005. The assaults happened between February and May.

Several of the victims present shed tears after hearing McCarty’s sentence.

Prior to McCarty’s deployment to Kosovo, he harassed and assaulted a ninth female soldier in the States, according to testimony.

In an unsworn statement, McCarty, a corrections officer for Miami-Dade County, Fla., told the victims in the courtroom that he was sorry for what they had gone through.

“I made a mistake,” McCarty said. “I truly made a mistake, and I’m sorry for that.”

Co-prosecutor Capt. Javier Rivera outlined how McCarty’s actions lead to the sexual assaults. McCarty would isolate his victims, begin talking about business, switch to personal matters, grab the women and attempt to kiss them on the lips, Rivera said.

McCarty was convicted of making several comments to his female soldiers such as “You look hot in that uniform,” and “You’re built like a brick (expletive) house.”

“He (McCarty) definitely is not a person who behaves as a colonel,” Rivera told the panel. “He definitely is not a person who behaves as a commander. He is not one of you, he is not one of us.”

One of McCarty’s defense attorneys, Maj. Richard Hatfield, argued in his closing statement that McCarty’s actions did not rise to the level of criminal misconduct. Hatfield acknowledged that McCarty did not show proper judgment and that he did kiss and hug some of the victims.

“The government is trying to portray this case in a far worse light than the facts warrant,” Hatfield argued.

One of the victims testified Tuesday that after McCarty assaulted her at Camp Bondsteel, she began taking a gun to the shower, slept with a knife under her pillow, and added extra dead bolts on her door. She said McCarty’s actions had a huge impact on the unit at Camp Bondsteel.

“As far as morale and the effect on the task force, we never recovered,” the female officer testified.