FORT BRAGG, N.C. —
However, a defense expert's examination suggested the captain powered up the device more than two weeks before the meeting with prosecutors. Three additional experts verified the finding.
During a pretrial hearing this week, a top Pentagon lawyer testified that the lead prosecutor assigned to the case for nearly two years, Lt. Col. William Helixon, had urged that the most serious charges against Sinclair be dropped after he became convinced the captain had lied to him about the cellphone. Helixon was overruled by his superiors and then removed from the case last month, after suffering what was described as a profound moral crisis that led to his being taken to a military hospital for a mental health evaluation.
The case now heads to trial with a new lead prosecutor, Lt. Col. Robert Stelle, who said in court this week he doesn't care what his predecessor thought about the weakness of the evidence.
It is highly unusual for an officer of flag rank to face criminal prosecution, with only a handful of cases in recent decades. Under military law, an officer can only be judged at trial by those of superior rank.