FORT SAM HOUSTON 鈥� A total of 10 witnesses have taken the stand to testify in the court martial of Air Force Maj. Gen. Phillip Stewart. Nine of them testified on Wednesday.
The female officer formerly under Stewart's command on Tuesday that she was assaulted by Stewart during a trip to Altus Air Force Base in Oklahoma in April 2023.
Stewart, who pleaded guilty to two lesser charges, maintained it was a consensual relationship.
The officer said she felt no choice but to submit to him due to his rank after he invited her to his quarters for a glass of wine. She said she also tried to prevent him from breaking the "bottle to throttle" rule of flying an aircraft within 12 hours of consuming alcohol.
The next witness was Chief Master Sgt. James Cromwell, the first person she called after the incident.
Cromwell, the senior enlisted leader at 62nd Operations Group, Joint Base Lewis-McChord in Washington, worked with her in 2022.
A member of the three star general jury panel asked Cromwell if he鈥檇 ever seen her drunk and questioned her decision making abilities while under the influence. He said she had 鈥渇ine decision making,鈥� and he鈥檇 never seen her drunk.
The third witness was Office of Special Investigations Special Agent Adam Hershey. He worked on the initial investigation with the alleged victim's husband and handled a phone call interception operation between him and Stewart.
The recording of the phone call was played in the courtroom from a CD that was entered into evidence. The call was around 34 minutes long. Hershey testified that he was in the room with the woman鈥檚 husband throughout the call. They communicated via a white board and non-verbal cues.
鈥淟ook man, what she had to tell me wasn鈥檛 what I wanted to hear,鈥� her husband said in the recorded call. 鈥淒id you have sex with my wife?鈥�
The man questioned Stewart if he was able to control himself around women.
Stewart added that he was used to traveling with men, and it wasn鈥檛 unusual to have a few drinks.
鈥淚 can鈥檛 remember all of it,鈥� Stewart said. He added he only remembered 鈥渂its and pieces.鈥�
The husband proceeded to tell him that the alleged victim had 鈥渘othing but admiration鈥� for Stewart as a commander.
He asked how Stewart thought she was consenting. He said, 鈥淵ou sexually assaulted my wife.鈥�
鈥淲e鈥檇 done something we shouldn鈥檛 have done,鈥� Stewart said on the call. 鈥淚鈥檓 living with guilt and shame too.鈥�
Hershey said he felt any emotions the husband presented were fictional. He explained they ran through scenarios and made sure Stewart couldn鈥檛 tell it was an OSI investigation.
鈥淵ou don鈥檛 know me and the shadow I鈥檓 going to cast over you,鈥� the alleged victim's husband told Stewart. 鈥淧ray you don鈥檛 see me on the street.鈥�
Another witness was Air Force Maj. Gen. Jennifer Short. She testified about a phone call between her and Stewart on Aug. 8, 2023, at the end of her day.
The conversation consisted of Stewart informing her of an alleged inspector general investigation and the OSI investigation into Stewart. He informed her of being accused of Article 120, sexual assault. 鈥淭hat was the last thing I thought I would hear,鈥� Short testified.
The last time Short spoke to Stewart was that day.
Air Force Master Sgt. Andrew Bryan and Chief Master Sgt. Justin Apticar both worked in the front office of the 19th Air Force under Stewart.
Both the airmen testified that they attended a conference in Denver with Stewart and the alleged victim over a month before the Altus trip. Bryan commented that he saw the alleged victim's demeanor change when she received the texts from Stewart in Denver.
鈥淪he felt belittled by it,鈥� Bryan said. 鈥淥bviously she was annoyed by it.鈥�
Bryan said the alleged victim made a comment that she wouldn鈥檛 be receiving those texts if she was a man.
Apticar, who retired three weeks ago after 30 years of service, said the messages the woman received were odd. He offered to speak with Stewart about it.
The alleged victim approached Apticar the next day asking him not to say anything, that she may have overreacted.
鈥淛ust so you know 鈥� I鈥檓 going to be paying attention,鈥� Apticar said he told the alleged victim.
On Altus Air Force Base a over a month later, he said he was surprised by the invite to the two star general's quarters, when the pair usually go back to the chief's lodging to debrief and plan for the following day.
Bryan said they spent around an hour there and then said their goodbyes to both Stewart and the alleged victim. He said they waited outside for the alleged victim to follow and were surprised when she didn鈥檛.
鈥淚t was clear we were heading out,鈥� Bryan said. 鈥淚 think we were expecting her to leave with us.鈥�
After returning to the chief's quarters, Bryan messaged the woman to check on her. He said he and the chief discussed their stance on her staying back alone.
鈥淲e weren鈥檛 necessarily happy about it,鈥� Bryan said. 鈥淎ssume the best, prepare for the worst.鈥�
Bryan later clarified that "the worst" would be sexual assault. Apticar asked Bryan to message the alleged victim to check on her after they left. 鈥淚 needed to close my own conscience of nothing happening,鈥� Apticar said.
Apticar added that he hadn鈥檛 been in contact with Stewart since he was relieved of his command.
Stewart to two of the lesser charges against him 鈥� one of dereliction of duty under Article 92 and extramarital sexual conduct under Article 134 鈥� before Monday's opening statements.
He is being tried for willful dereliction of duty, two counts of sexual assault, and conduct unbecoming of an officer. If he is found guilty, he faces up to 60 years in prison.
The court expected to hear from at least two more witnesses on Thursday before the prosecution rests.
Stewart's case was the first time an Air Force general has faced a jury court-martial for sexual assault.
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