United States v. Wagner

OPINION OF THE COURT

PRATT, Senior Judge:

This case presents the question whether the appellant, Sergeant George A. Wagner, had been granted de facto immunity from prosecution by the actions of the government in the wake of his self-identification for child sexual abuse. We hold that he had, and dismiss the charges and specifications.1

I. Facts

On Memorial Day weekend in late May of 1989, Sergeant Wagner’s wife discovered that he had sexually abused his 3-year-old stepdaughter and his 18-month-old natural daughter. The abuse transpired over a 4-month period and involved mainly the stepdaughter.…