Posted on 01/07/2005 8:26:01 AM PST by Former Military Chick
The Air Force’s top military lawyer was punished for 11 offenses involving nine female subordinates, according to paperwork on his case obtained by The Gazette on Thursday.
Last month, the Air Force reprimanded Maj. Gen. Thomas Fiscus, judge advocate general, ordered a $10,600 pay forfeiture and recommended he retire at a lower rank.
Air Force Secretary James Roche’s decision on a possible demotion is expected soon.
The nonjudicial punishment, called an Article 15, means Fiscus won’t face courtmartial, which carries potentially harsher penalties.
As details of the case filter out, some people question whether Fiscus was given special treatment.
Several observers termed the case an example of “different spanks for different ranks” and say it could inspire defense attorneys to seek reconsideration of cases involving lower-ranking officers charged with similar offenses but treat- ed more harshly.
Fiscus, commenting publicly for the first time since the investigation was launched last fall, noted to The Gazette that the specifications do not say he had sexual relations with anyone.
He sidestepped a question about whether he thinks he was given special treatment.
“I don’t know everything that was in Gen. (Donald) Cook’s mind,” he said of the officer who handled his case.
“I have the ultimate respect for him, so I really don’t have much to say about his choice and what the appropriate method of dealing with this was.”
The Air Force defended its handling of the case, noting 89 percent of fraternization cases in the past five years were handled by Article 15s.
Documents for Fiscus’ Article 15 outline 11 violations involving nine women subordinate to him and with whom Fiscus, who is married, engaged in misconduct.
The accusers are four officers, four civilians and one noncommissioned officer. The actions spanned a 21-month period from Jan. 1, 2003, to Sept. 30, 2004.
The documents say Fiscus exchanged inappropriately intimate e-mail, kissed two women on the lips, massaged the neck of another and put his hand on or near her knee, engaged in an “unprofessional relationship” with two officers and fraternized with the noncommisioned officer.
Fiscus, a 1972 Air Force Academy graduate, became a major general in March 2000 and was assigned as Air Force judge advocate general in January 2002.
Fiscus also was accused of impeding the Air Force Inspector General’s investigation between Aug. 17 and 23 by “deleting incriminating e-mail files from (his) official Department of Defense computer system, with the intent to obstruct the due administration of justice.”
He also was accused of using government e-mail for purposes other than official use.
Some say Fiscus got off easy.
For example, Lt. Col. Ted Seymour, based at McGuire Air Force Base in New Jersey, will be court-martialed Jan. 25 on charges stemming from a relationship with a lieutenant whom he since has married. Neither was married when the relationship began.
Frank Spinner, Colorado Springs attorney who represents Seymour, said Fiscus was more culpable than Seymour because he is married and targeted many women.
Spinner will ask that Seymour be given nonjudicial punishment in light of Fiscus’ case and predicted other defense attorneys also will cite the Fiscus case in challenging convictions and sentences.
Lt. Col. Jeffrey Rockwell, chief of the military justice division for the Air Force legal services agency, said military law allows appeals based on appropriateness of sentence.
“Although that is a grounds for appeal, generally the case law says sentence comparison is inappropriate . . . unless the court finds some highly disparate sentences in closely related cases,” Rockwell said.
He noted 217 of the 244 fraternization cases filed during the past five years resulted in Article 15s.
Of the 27 that went to courtmartial, 26 involved other offenses such as drug crimes or assault and battery.
Pat Rosenow, a recently retired Air Force judge, said in an interview it’s not the first time service members have perceived unfairness.
In one fraternization case, jurors acquitted despite “slam dunk” evidence of guilt because they knew of a threestar general allowed to retire after committing similar misconduct, he said.
As a wing commander’s senior legal adviser, Rosenow handled a misconduct case about six years ago that alleged offenses “far short of the offenses attributed to Gen. Fiscus,” he said.
Afterward, a senior judge advocate scolded him for not taking more severe action. The judge advocate was Fiscus.
“My point is not necessarily that junior guys get hammered too hard, but that senior guys deserve to be,” he said.
Fiscus said he couldn’t recall that case and noted it is commanders, not military lawyers, who decide how cases are handled.
He declined further comment, pending the decision on his possible demotion at retirement.
Lou Michels, a retired military lawyer and 12-year reservist practicing in Chicago, said the offenses, which comprise a pattern of conduct, are especially egregious for someone of Fiscus’ rank.
“For a general officer to be engaged in this conduct undermines the very nature of command-subordinate relationships,” he said. “It’s poisonous to command discipline.
“If he was some captain or major . . . you’d be talking about a court-martial,” he said.
Actions against the women involved are pending consideration by commanders, the Air Force said Thursday.
“If he was some captain or major . . . you’d be talking about a court-martial,” he said.
Hard to top that.
And what happens when the former commander in chief of the armed forces does the same thing...?
He gets nominated for a Nobel Peace Prize.
Sadly this one just happens to be one that got caught and there was no way his brethren could grease his way out.
That may be, but how many of those cases involved 11 offenses involving nine subordinates? This was no one time mistake on his part. He should have been hammered.
Yeah baby!
Sorry - President Carter took away that part of the officer's commission...
A 1972 AFA graduate, does that say anything to anyone it's the good old boy network at it's best. especially for Senior Officers.
"“My point is not necessarily that junior guys get hammered too hard, but that senior guys deserve to be,” he said."
Exactly. It is condoned by some of those on the top and filters down the chain.
Is that right? Are they no longer appointed "gentlemen"?
Any bets he will retire with FULL DISABILITY?
It really had to be a sad case or his comrades would have been able to cover up for him. They protect each other to the bitter end but when push comes to shove they will sell him down the river to ensure their next promotion.
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