2-star general faces adultery charges
Retired Maj. Gen. David Hale is accused of having affairs with other officers' wives and lying about it.
By Richard Parker
INQUIRER WASHINGTON BUREAU
phillynews.com
WASHINGTON -- The Army took the unusual step yesterday of ordering a retired two-star general to the equivalent of a grand jury proceeding for allegedly having affairs with the wives of four fellow officers and then lying about it.
Retired Maj. Gen. David Hale was charged with 17 violations of military law, ranging from adultery to obstruction of justice. He is only the second top-ranking officer to face possible criminal action for adultery. Some observers say the move may be the beginning of the military's efforts to deal as harshly with top officers for adultery as with more junior personnel. For years, many in and outside the military have complained of a double standard: Generals get away with things that lieutenants and sergeants do not.
"I can congratulate the Army on turning the tide in [ this ] case," said Rep. Carolyn B. Maloney (D., N.Y.), a normally fierce critic of the military's handling of adultery. She said she hoped that future cases, including those involving senior officers, "will continue to take a higher priority."
Hale, a former senior officer at a NATO base in Turkey, is accused of having improper relationships with the wives of three subordinate officers from 1996 to 1998 and of an affair with a senior officer's wife from 1994 to 1997. He also is accused of lying to investigators, engaging in conduct unbecoming of an officer, and obstructing justice. If a hearing determines that there is sufficient evidence, Hale could face court-martial.
Although retired, he could still face punishment such as loss of retirement pay or possibly jail time under military law. Hale's military lawyer at Fort Gordon, Ga., did not return a call seeking comment.
The case marks the second time in two weeks that the services have cracked down publicly on adultery among leaders. In Norfolk, Va., this month, Rear Adm. John Scudi pleaded no contest to charges of adultery and improperly steering military contracts to a lover. Scudi will lose much of his retirement pay and spend 30 days under house arrest.
Until recently, the military had been plagued with charges of unfairness in its treatment of adultery cases.
The Air Force prosecuted six high-profile adultery cases involving junior officers in the last three years, including First Lt. Kelly Flinn, who also was charged with lying. But when Gen. Joseph Ralston was found to have had an extramarital affair years earlier, he was not prosecuted. He did, however, lose his bid to become chairman of the Joint Chiefs of Staff.
"The military is increasingly sensitive to the perception" of favoritism, said David Schleuter, a military law expert at St. Mary's University Law School in Texas.
He said prosecutors and commanders take many things into account in deciding whether to prosecute someone for adultery or any other violation of the Uniform Code of Military Justice, enacted in the early 1950s.
A former Army lawyer, Schleuter said that previous disciplinary trouble, the gravity of the crime, and, most important, its effect on morale were important variables. The charges against Hale reflect concern on the part of the Army commander in charge of the investigation that affairs with wives of fellow officers could disrupt discipline.
Defense officials generally declined to comment on the Hale case. Gen. Dennis Reimer, the Army chief of staff, said only that he stood by his initial decision to allow Hale to retire in February even though he was under investigation. Reimer said he made the decision based on what he knew then. |
