Deja Vu All Over Again: Armed Forces Court of Appeals again Vacates Pinkela's Aggravated Assault and Reckless Endangerment Convictions
November 6, 2015
On November 5, 2015, the Court of Appeals for the Armed Forces granted a second petition for review of Ken Pinkela, a former Army Lieutenant Colonel living with HIV who was discharged and criminally prosecuted on charges of having unprotected anal sex with another service member.
The Armed Forces Court of Appeals reversed the lower court's conviction of Ken Pinkela on aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery.
The case and record return again to the Army Court of Criminal Appeals to either reassess the sentence based on the affirmed findings or order a sentence rehearing.
CONGRATULATIONS to Lt. Col. Ken Pinkela and his attorneys.