Women Criminal Defense Attorneys: Ellen Brotman’s Zealous Defense of Army General Yields Unprecedented Victory

Ellen Brotman of Montgomery McCracken has been at the center of a rare case that has captured the world’s attention. Brotman, along with partner Richard Scheff, is defending U.S. Army Brig. General Jeffrey Sinclair in a sexual assault court martial being held in Ft. Bragg, NC.  It has been publicized that this is the highest ranking military officer ever court martialed in this country for sexual assault.

General Sinclair was charged with sexually assaulting an army captain whom he was having an affair with.  The case has received constant media attention since 2012 when the charges were announced.  The case has been a roller coaster ride, with the kind of twists and turns that only a trial battle can produce. Earlier this year, the trial was postponed when the victim lied about her discovery of electronic communication between herself and the General that had never been turned over and was the subject of a motion to dismiss.  Shortly before the trial was scheduled, the lead prosecutor abruptly quit the case.  Just before the trial started, the General entered a plea to lesser charges of having improper adulterous relationships with female officers and possession of pornography, all of which are not civilian crimes but are military crimes. The defense team described the plea as a strategy to focus the trial on the most serious offense of sexual assault that could have subjected the General to life in prison and registration as a sexual offender.

The trial began in early March, and Ellen Brotman delivered a masterful opening statement to an all male jury comprised entirely of higher-ranking two star generals.  It is hard to imagine a more intimidating jury, but Brotman methodically laid out the details of their defense: that General Sinclair was in fact the victim of an infatuated lover who became vindictive when she found out about his sexual flirtations with other women, and angry that he would not leave his wife. Brotman read excerpts from the victim’s journal and identified the specific evidence that supported their defense. That same day the emotional victim took the stand and tried to explain why she continued to have a sexual relationship with the accused after he sexually assaulted her.

The case came to an abrupt halt last week when the Judge, Colonel James Pohl, ruled that there was “undue command influence” over the military’s refusal to consider a plea offer after multiple emails emerged which exposed the Pentagon’s influence over the case. The jury was released but the Judge refused to dismiss the case. However, he did order that the General be offered a plea deal.  Just this Monday, the General entered a plea to a lesser offense and the military dropped the more serious sexual assault charges.  The sentence hearing is ongoing.   The defense and military entered into a plea agreement which includes a “quantum” which is essentially a sealed agreement protecting the General from facing a sentence beyond that agreed to in the quantum.  The Judge will impose a sentence without knowing the quantum and the General will face the lesser of the Judge’s sentence or the quantum. (Don’t you wish we had that option in civilian cases?)

Without question the military’s case began to unravel…but this would not have happened without the dedication and passion that Ellen Brotman and the other members of the defense team brought to this case. They left no stone unturned and explored every possible lead that ultimately exposed fatal flaws in the military’s case. And they did this successfully while working within a system that many criminal lawyers would consider foreign.  Congratulations to Ellen Brotman, Richard Scheff, and the entire trial team, you make us all proud!