O-6 acquitted of rape, convicted of assault - Air Force News | News from Afghanistan & Iraq - Air Force Times

O-6 acquitted of rape, convicted of assault

WICHITA FALLS, Texas — An Air Force colonel was acquitted Wednesday of rape but convicted of assaulting another woman and making sexually suggestive comments to a third woman at Sheppard Air Force Base.

Col. Samuel Lofton III, the base’s former 82nd Training Group commander, faced up to life in prison if he had been convicted of rape. He now faces from no punishment to five years on each of the two indecent assault counts and one year on each of two counts of conduct unbecoming an officer and a gentleman.

The military jury of seven men and two women deliberated about five hours. The verdict did not have to be unanimous; two-thirds had to agree.

Lofton also faces from no punishment to more than 100 years in prison and dismissal from the Air Force — which would end his 27-year military career — on other charges. He pleaded guilty last week to 17 counts of larceny, being absent without leave nearly a dozen times and two counts of dereliction of duty.

Sentencing was set for Thursday morning.

Lofton, who was removed from his post about a year ago as he was being investigated for misusing his government travel card, did not testify earlier this week during his court-martial.

Lofton was acquitted of rape and two indecent assault charges involving one woman, who nervously held hands with the assault victim in court as the verdict was read. Afterward, the woman who said she was raped ran out, while the other woman cried and hugged her relatives.

The Associated Press does not usually identify alleged victims of sex crimes.

Prosecutors and defense attorneys declined to comment after the verdict was read.

During deliberations, jurors had asked about Lofton’s trip to a Dallas-area hotel for four days in May 2007 — which coincided with one of the days the alleged rape victim said she was assaulted. The judge told jurors that trial testimony indicated Lofton was not on official business and records did not show his check-in time.

The conduct unbecoming charges stemmed from Lofton’s sexually suggestive comments and calls he made when a high-ranking enlisted member was at home.

The two civilian workers had testified for several hours, sometimes fighting back tears, saying that he forcibly kissed them and placed their hands on his genitals. One woman said she was assaulted twice in the fall of 2006, the other twice in the spring of 2007. Neither worked for Lofton but all worked in the same building.

But during closing arguments Wednesday, lead defense attorney Maj. Mark Etheridge said the accuser’s account of the rape was “impossible.” She testified that Lofton spun her around, held her back down and with his other hand, pulled her skirt up and pantyhose down. She testified that after he asked to keep her pantyhose as a souvenir, she threw them at him after wiping herself.

“They are the piece of evidence that could corroborate her account and she throws it at him? Are you kidding me?” Etheridge said. “Her story is beyond ridiculous.”

He also reminded jurors about several friendly and flirtatious work e-mails she sent to Lofton after the alleged incidents, even after he was removed from his post. One e-mail sent the day after the alleged rape says, “I would be foolish to say I’m not interested in a promotion.”

But the military prosecutor, Capt. Brett Landry, had told jurors that the woman remained on friendly terms with Lofton because she was afraid of losing her job, and he said that not all crime victims deal with trauma the same way. He said all of the accusers were credible.

“There is no motivation for these two women to have made up these incidents,” Landry said. “There is no overarching conspiracy ... to ruin his life by putting him through this.”

Related reading

* O-6 pleads guilty to AWOL, not guilty to rape

* Lofton maintains innocence at end of hearing

* Article 32 spells out tales of assault