Pentagon to evaluate previous AFA probes

The Department of Defense is looking into whether the Air Force Academy followed proper guidelines in previous investigations of sexual assaults and other misconduct by several former football players.

In a memo issued Tuesday, the DOD said it is initiating an “evaluation to determine if criminal investigations… met investigative standards” and if “there were barriers to investigating allegations of criminal misconduct.”

The AFA was notified of the evaluation in October and said it welcomes the decision as an opportunity to prove that previous investigations were conducted fairly.

An AFA spokesman emphasized that the DOD’s Inspector General will conduct an evaluation, not an investigation.

The AFA confirmed that two U.S. senators asked for an independent third party to evaluate the academy and determine if an agent with the Office of Special Investigations and a former cadet acting as an informant, faced retaliation from academy superiors for reporting athlete misconduct.

Jim Bussey, a Colorado Springs attorney, formerly was a judge advocate general, or an attorney, in the Air Force, and said the AFA’s evaluation is not “necessarily good or bad.”

Bussey said he’s familiar with some of the protocols in such an evaluation.

“It appears (the Pentagon) wants to take (the case) to a higher level, take it away from any local investigation,” he said. “I don’t believe this happens very often.”

Bussey said the Pentagon is particularly interested in the military’s use of an informant during a criminal investigation.

“The question is, was there any violation of regulations concerning this,” he said. “It’s a blurred line as to whether an informant is required to violate the law, inadvertently violates the law or witnesses things for a motive.”

Bussey said it’s reasonable to question the informant’s motives.

“Why would anyone volunteer to be a confidential informant?” he said. “Are they being financially rewarded or forgiven for past crimes?”

The DOD evaluation likely will take several months, Bussey said.