Article 32 ends for O-6 charged with rape

[CommunityEditor]

SHEPPARD AIR FORCE BASE, Texas — Air Force prosecutors charging a senior officer with a string of thefts and sex crimes — including the alleged rape of a civilian office worker in plain view of an office hallway — revealed more of their case in a judicial hearing Monday.

Col. Samuel Lofton III, relieved last May from commanding the 82nd Training Group, is accused of rape, stealing more than $10,000 from the Air Force, four counts of sexual assault, two counts of dereliction of duty and absence without leave. An Article 32 hearing, which began Monday, will determine whether he stands trial for the crimes that allegedly began in late 2005 and continued until spring of 2007.

Attorneys cross-examined two women accusing Lofton of sex crimes. Both of them are civilian Air Force employees — one of them an employee of more than 30 years — and both worked in the same building as Lofton. The Air Force Times does not name alleged victims of sexual assault.

In each alleged sexual assault scenario, Lofton approached the women one-on-one after most of the other workers had left, started with small talk and then placed one of their hands on his trousers, where they felt his erect penis.

One of his alleged victims told Air Force attorneys and an investigating officer that she saw Lofton behind a partition on April 5, 2007, as she was leaving her office. He rounded the side and she saw his erect penis poking through his Battle Dress Uniform trouser buttonhole, the woman said.

She insisted on leaving, the woman said, but Lofton replied, “This will only take a minute.”

Lofton, she alleged, bent her over, pulled her skirt up and raped her. He later asked for her torn pantyhose as a souvenir, she told the attorneys.

The two continued to see each other in the hallway, she said, and Lofton exchanged professional pleasantries as if nothing happened.

Prosecutors also raked through at least $10,000 in travel vouchers and receipts filed by Lofton. They claim he frequently received Air Force reimbursements for trips he didn’t take and would instead travel to other locations.

When confronted in May about the mismatched travel filings, Lofton told Special Agent Amy Bumgarner with the Air Force Office of Special Investigations that he was going through a divorce and had to rely on his service-issue credit card to get by, she told attorneys.

“He said he knew it was wrong,” Bumgarner said, “but his children were not going to go without.”


Article: http://www.militarytimes.com/news/20...lofton_080211/

Quote: "Financial officers at Sheppard also testified that the commander (Col. Lofton) repeatedly charged bogus trips to the government, as well as hotel lodging, diners at restaurants such as Fuddruckers and Applebee’s, and even his daughters’ meal plans at a public school system in Texas.

Though Lofton’s defense team adamantly maintains the colonel’s innocence regarding the sexual assaults, they would not comment on the theft charges. Prosecutors allege he fraudulently charged at least $10,000 to the Air Force."

All of us that serve in the US military should be very concerned with a Colonel who pays for bogus TDY trips and his children's lunches on his government credit card. This Colonel should be court-martialed for stealing money from us, and kicked out of the USAF very quickly as an airman basic.

He should NOT be allowed to retire. He should not be allowed to wear any military uniform and spend about 10 years in Leavenworth prison doing hard labor.

An investigation needs to be initiated into how this Colonel made it as far as he has in the USAF. This criminal behavior didn't happen overnight, and I'm sure the investigation will show his complete lack of integrity has been rampant throughout his career.

We'll see how the case turns out. The burden of proof is on the prosecution. I don't think they would've accused him if nothing happen, but if the courts decide there's not enough evidence for a trial someone should take responsibilty for what has happen so far. Even if he's never tried and let go his life will never be the same. Looks like the media has already convicted him

This is similar to a Pentagon former Maj Gen now retired Colonel and the TOP Judge Advocate General for the Air Force who did not steel from the credit card but boy he sure did do some women damage....AND he retired with benefits at the 0-6 rank!!!!

[CommunityEditor]

SHEPPARD AIR FORCE BASE, Texas — Air Force attorneys defending Col. Samuel Lofton III, a senior officer accused of a series of thefts and sexual attacks, maintained the colonel’s innocence after a Tuesday judicial hearing.

Though Lofton’s defense team would not say how he’d plea to all the charges — which allegedly occurred between late 2004 to May 2007 — his senior defense attorney insisted that Lofton was not guilty of rape or sexual assault.

Lofton’s grand jury-style Article 32 hearing ended here Tuesday. Now an investigating officer will determine if enough evidence exists for a trial.

“We have seen from previous cases that made national news that rushes to judgment often end in unfairness,” said Maj. Mark Etheridge, senior defense counsel, told the Air Force Times after the hearing.

Etheridge said he knows of no DNA or physical evidence linking Lofton to the rape.

He also drew parallels to the 2006 scandal at Duke University in which lacrosse players were accused of rape charges that were later debunked.

A career munitions officer, Lofton was relieved in May from commanding the 82nd Training Group. Prosecutors have accused him of rape, indecent assault, a string of fraud charges, being absent without leave and conduct unbecoming an officer and a gentleman.

Rebuffing a sometimes teary testimony by two Air Force careerists who claim Lofton sexually assaulted them, the colonel’s former secretary said Tuesday that the women consistently sought out his attention. “A lot of it was flirting and googly eyes,” said Martha Cannon, Lofton’s secretary from 2004 until he was relieved of command in May in the charges’ wake.

However, both accusers are adamant that they only engaged Lofton professionally. During testimony, they described multiple one-on-one attacks by Lofton in an office building they shared with the colonel. Each alleged assault took place after duty hours, when most of the building had cleared out, they said.

In each alleged assault scenario, Lofton approached the women after most of the other workers had left, started with small talk and then placed one of their hands on his trousers, where they felt his erect penis.

In addition, one of his alleged victims told Air Force attorneys and an investigating officer that she saw Lofton behind a partition on April 5, 2007, as she was leaving her office. He rounded the side and she saw his erect penis poking through his Battle Dress Uniform trouser buttonhole, the woman said. Lofton, she alleged, bent her over, pulled her skirt up and raped her. He later asked for her torn pantyhose as a souvenir, she told the attorneys.

Lofton also faces improper conduct charges for allegedly calling an active-duty Sheppard Air Force Base leader at home to make sexual comments. But the NCO seemed unfazed while testifying and told attorneys she never felt like a victim. “The truth is,” she said, “it’s very difficult to offend me.”

Financial officers at Sheppard also testified that the commander repeatedly charged bogus trips to the government, as well as hotel lodging, diners at restaurants such as Fuddruckers and Applebee’s, and even his daughters’ meal plans at a public school system in Texas.

Though Lofton’s defense team adamantly maintains the colonel’s innocence regarding the sexual assaults, they would not comment on the theft charges. Prosecutors allege he fraudulently charged at least $10,000 to the Air Force.


Article: http://www.militarytimes.com/news/20...ofton_080212w/

First of All...MG Fiscus now Col never raped anyone..so get your facts straight. He was accused of unprofessional relationships and adultery..not rape..

The government charge card offenses are a slam-dunk. You don't allege these unless you can prove them, and the paper trail in unmistakable. The only defense is something allow the lines of, "I pulled the wrong card out - they look so much alike..." The prosecution may decide to let the assault charges go if the defendant cops a plea to the fraud charges. No one involved in the potential courts-martial, except the accuser, will want the distasteful trial to go forward. So there's a big incentive to make this "go away."

Officers aren't discharged like ABs - they are dismissed from service, and then sent to a comfortable prison in most cases (Club Fed or such.) If the fraud charges are accepted and a guilty plea is entered, I doubt Col. Loftin will do more than 18 months behind bars, and a pretty comfortable 18 months at that. This is the reality of military justice, and of criminal justice in general. Military sentences are consistently less than the matching civilian conviction.

[TJMAC77SP]

Originally Posted by Retired MSgt

The government charge card offenses are a slam-dunk. You don't allege these unless you can prove them, and the paper trail in unmistakable. The only defense is something allow the lines of, "I pulled the wrong card out - they look so much alike..." The prosecution may decide to let the assault charges go if the defendant cops a plea to the fraud charges. No one involved in the potential courts-martial, except the accuser, will want the distasteful trial to go forward. So there's a big incentive to make this "go away."

Officers aren't discharged like ABs - they are dismissed from service, and then sent to a comfortable prison in most cases (Club Fed or such.) If the fraud charges are accepted and a guilty plea is entered, I doubt Col. Loftin will do more than 18 months behind bars, and a pretty comfortable 18 months at that. This is the reality of military justice, and of criminal justice in general. Military sentences are consistently less than the matching civilian conviction.

You are confusing military confinement facilities with the Federal Prison system camps on military (mostly AF) bases. The military houses all confinement categories in the same facilities. Some of the lesser categories have more privileges. There are no facilities like ‘Club Fed’. If he is convicted on the rape charges he will serve time in one of the highest categories due to the crime being considered violent (vs. the ‘white collar’ crime involving the inappropriate use of the GTC)

Originally Posted by Retired MSgt

The government charge card offenses are a slam-dunk. You don't allege these unless you can prove them, and the paper trail in unmistakable. The only defense is something allow the lines of, "I pulled the wrong card out - they look so much alike..." The prosecution may decide to let the assault charges go if the defendant cops a plea to the fraud charges. No one involved in the potential courts-martial, except the accuser, will want the distasteful trial to go forward. So there's a big incentive to make this "go away."

Officers aren't discharged like ABs - they are dismissed from service, and then sent to a comfortable prison in most cases (Club Fed or such.) If the fraud charges are accepted and a guilty plea is entered, I doubt Col. Loftin will do more than 18 months behind bars, and a pretty comfortable 18 months at that. This is the reality of military justice, and of criminal justice in general. Military sentences are consistently less than the matching civilian conviction.

To dismiss the most serious charges would be a miscarriage of justice and flies in the face of all "zero tolerance." There will be a serious public outcry if he's allowed to "deal his way out" based on rank or the difficulty of the case. Everyone has to be accountable & it's just a fact of life that leaders are held to an even higher standard.

If the allegations are proven to be true, Col Lofton should be judiciously tried and sentenced by the letter of the law. No exceptions! And remember, one is not guilty by presumptious personal feelings, lets give him is justice by trial, not the media.