‘Innocent Until Proven Guilty’ Foreign to Senator McCaskill

Posted on May 7, 2013 by

“You have got a wealth of people in the Air Force who understand what this job has to be, and if the allegations in this case are true this was not someone who understood what his job was about,” said Sen. Claire McCaskill (D-Mo.) in a news release I received from her office via email today. “I will be watching very closely who is selected to replace him, because I think this will be one of those times you can send a message.”

U.S. Sen. Claire McCaskill (D-Mo.)

The senator was, of course, referring to the job held by Lt. Col. Jeff Krusinski, the officer in charge of the U.S. Air Force’s Sexual Assault Prevention and Response Office, until he was arrested during the wee morning hours of May 5, according to a police report published the next day (shown below):

SEXUAL BATTERY, 05/05/13, 500 block of S. 23^rd Street. On May 5 at 12:35 am, a drunken male subject approached a female victim in a parking lot and grabbed her breasts and buttocks. The victim fought the suspect off as he attempted to touch her again and alerted police. Jeffrey Krusinski, 41, of Arlington, VA, was arrested and charged with sexual battery. He was held on a $5,000 unsecured bond.

If Colonel Krusinski is guilty, he should suffer the appropriate punishment. Until that is determined, however, people like Senator McCaskill — who knows better as a former prosecutor in Jackson County, Mo.– should shut their mouths and remember the presumption that a person is “innocent until proven guilty.”

Unfortunately, Senator McCaskill has a track record of struggling to keep her mouth shut, especially while serving as a mouthpiece in DoD’s War on Men.

As I reported in my April 11 piece, Senator McCaskill Continues Reckless Effort to Undermine Military Justice System, the senator publicly smeared Air Force Lt. Col. James H. Wilkerson III after his sexual assault conviction was overturned by Air Force Lt. Gen. Craig A. Franklin.

“Rape is the crime of a coward—and rapists in the ranks are masquerading as real members of our military,” Senator McCaskill explained in a March 13 news release, adding, “The focus of our efforts should be on effective prosecution. There’s no reason a General who’s never heard the testimony of factual witnesses should be able to wipe out a verdict with the stroke of a pen.”

Even more unfortunately, she’s been joined in her latest effort by news organizations — see here, here and here as examples — who’ve gone the extra mile to convey a mugshot image of the 41-year-old officer as “already guilty” while making no mentions of important facts about the man.

Neither the senator nor the media outlets mention that, according to this commentary, Colonel Krusinski deployed to Iraq in 2009 to serve as Deputy Expeditionary Mission Support Group Commander at Joint Base Balad.

Likewise, neither mentioned the colonel had been named Air Mobility Command’s Force Support Field Grade Officer of the Year and described as one of AMC’s “superstars” while stationed at MacDill AFB, Fla.

And who cares that he served honorably for more than 21 years! He might <emphasis added> have committed a misdemeanor sexual assault and, at a minimum, deserves to be treated as innocent until proven guilty.

All that aside, I cannot imagine anyone wanting to replace Colonel Krusinski as chief of SAPRO and a co-conspirator with Senator McCaskill in destroying the military from within.

This is ugly folks.

UPDATE: A few minutes before publishing this piece, I heard a radio report featuring President Barack Obama stating, “I have directly spoken directly to Secretary Hagel already today, indicating to him that we’re going to have to not just step up our game – we have to exponentially step up our game to go at this thing hard.” Reuters confirms the quote.

Bob McCarty’s two nonfiction books, Three Days In August and THE CLAPPER MEMO, are available in paperback and ebook formats at Amazon.com.

Retired Air Force Nurse Applauds General Franklin, Expresses Disdain for Senator McCaskill

Posted on April 17, 2013 by

EDITOR’S NOTE: Early this afternoon, I received an unsolicited message from a retired Air Force officer. With her permission, I share it (below) with only minor modifications, mostly related to formatting:

Lt. Gen. Craig A. Franklin, USAF

Bob,

First, let me thank you for taking on the issues you do. I have read many articles regarding the “sexual assault/exploitation” of women in the military (AF lately), and shake my head in disbelief.

I was a Commissioned Officer (Ret O-5) for 23 years in the Air Force. While flirting certainly did go on, never once did I ever feel threatened [sic], in any way. I have known (military and civilian) women who were far from saintly and would do things out of vindictiveness to destroy a spurned lover’s career, including lying.

In the military, I spent time overseas, as well as living in field conditions during the Iraq War (I am a nurse) where there were about 100 women and 3000 men in our camp. I always felt our senior leaders were very protective of us. I am not implying that sexual assault does not go on. It does and it needs to be dealt with no different than the civilian system. I do not however, believe it is the rampant issue that the media would lead one to believe.

It seems that to be a male in the military implies instant guilt when a female makes an accusation of sexual-anything. I find this very disturbing. It is akin to the old “witch hunts.” The accused men deserve the same defense as those tried in a civilian court, and I’m not convinced that is happening.

U.S. Sen. Claire McCaskill (D-Mo.)

When I read the reports re: General Craig Franklin, I immediately knew that if General Franklin felt like the accused was innocent, he did what he needed to do, irregardless of what is politically correct (Sen. Claire McCaskill). My husband and I have been acquaintances with General Franklin professionally for many years. You will not meet a man with a deeper sense of loyalty and integrity than him.

It disgusts me that people such as Senator McCaskill are making an issue of a decision he was entitled to make and did so according to his knowledge and his integrity. I applaud him for do the “right” thing, not the current “politically correct” one.

Thank you for taking a stand on behalf of those who may otherwise have no support.

Charlotte J. Fulton

Read more about the kinds of cases to which she’s referring in my series, DoD’s War on Men.

FYI: In case you don’t think I have a heart, let me share a story. When I was a young second lieutenant on my first assignment in the Air Force, I had to handle a sexual assault case. A senior enlisted member of my staff had attempted to sexually assault a junior enlisted member of my staff inside her on-base quarters. After an investigation, he was able to avoid court-martial proceedings by accepting a demotion, a sizable reduction in retirement pay and an immediate and sizable financial penalty. The accuser was satisfied with the outcome, and justice was served.

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. It chronicles the life and wrongful conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart. His second book, THE CLAPPER MEMO, is coming soon.

Senator Claire McCaskill Continues Assault on Military Justice System

Posted on April 17, 2013 by

U.S. Sen. Claire McCaskill (D-Mo.) continued playing her legislative role in support of DoD’s War on Men, the no-holds-barred effort seemingly aimed at convicting any male serviceman accused of sexual assault and making an already-flawed military justice system worse.

U.S. Sen. Claire McCaskill (D-Mo.)

During the lunch hour today in the nation’s capitol, according to this media advisory, she was scheduled to be flanked by “more than 100 survivors of sexual assault pushing for changes in the military justice system” as she delivered the keynote address during the Service Women’s Action Network’s Summit on Military Sexual Violence at the Hyatt Regency Washington.

Don’t get me wrong. It’s not that I don’t believe some of the so-called “survivors” suffered some sort of sexual assault; instead, I tend to place more trust in what I learn by reading actual investigation reports, Records of Trial and transcripts from hearings held before and after courts-martial took place. Why? Because I don’t trust politicians who use people as props, and I don’t trust lawyers. Senator McCaskill matches both descriptions!

Even after reading that one civilian defense attorney specializing in military justice cases believes 90 percent of military sexual assault cases would be thrown out of civilian courts due to lack of evidence, I’m inclined to cut his estimate in half. When I do, I find 45 percent is still too high a number when the lives of men like Army Sgt. 1st Class Kelly A. Stewart, a highly-decorated Army Green Beret and combat veteran, are at stake.

Stewart, whose life story is chronicled in my first nonfiction book, Three Days In August, faces living the rest of his life as a convicted sex offender — unless a presidential pardon comes his way — because the convening authority in his case, Brig. Gen. Steven L. Salazar, opted against ordering a new trial or overturning his conviction. His decision came despite the testimony of three individuals — people who did not know Stewart but knew his accuser — during a post-trial hearing. They said the accuser had lied multiple times during Stewart’s trial!

Since publishing the book in October 2011, I’ve been contacted by dozens of people connected by birth, marriage or friendship to men serving in the U.S. Armed Forces, men facing or already convicted of crimes under the banner of sexual assault.

The most recent case involves Air Force Lt. Col. James H. Wilkerson III, a fighter pilot who was on the fast track toward general officer status until Kimberly Hanks accused him of aggravated sexual assault. NBC News aired a version of the case (see video below) that included an interview arranged by the group, Protect Our Defenders.

Air Force Lt. Gen. Craig A. Franklin, commander of Third Air Force and the convening authority in Colonel Wilkerson’s case, reviewed the case in full before tossing out the conviction after the colonel had served several months behind bars. After his decision made news and Senator McCaskill surfaced as one of three senators wanting General Franklin fired, the general went so far as to voluntarily write a six-page letter (pdf) letter to Secretary of the Air Force Michael B. Donley and put case documents online for all to read.

A friend of Colonel Wilkerson contacted me recently and advised me to look at “Defense Exhibits Q,” a short video showing the room in which the alleged assault took place and the path leading to the upstairs quarters where the colonel and his wife, Beth, said they were sleeping.

“Pay attention that the overhead lights are the only lights in that room,” the friend wrote, including a photo of the room (above). “Then read her testimony. Completely exclude (Colonel Wilkerson) and look at what she said occurred, and it’s simply not possible.”

Her testimony is available on the Air Force Freedom of Information Act website.

Included, but certainly not alone among the documents and videos, is one of special interest to me as the author of another soon-to-be-published nonfiction book, THE CLAPPER MEMO, because it relates to the polygraph.

While court records show Colonel Wilkerson volunteered to submit himself to a polygraph exam, he did so under the mistaken belief that it would help him clear his name. Like most Americans, he was unaware of how unreliable polygraph exams can be. Fortunately for the colonel, General Franklin is familiar with the polygraph and cited its “inherent unreliability” in his letter to Secretary Donley. And he’s not alone!

So far, two high-ranking former military officers, one a retired Army two-star general and the other a retired U.S. Navy SEAL commander, have endorsed my soon-to-be-published book, THE CLAPPER MEMO, as an exposé that shines necessary and long-overdue light on the polygraph.

Maj. Gen. Paul E. Vallely, U.S.A. Ret.

“Bob McCarty has uncovered a high-tech ‘turf war’ pitting those who want the best for our troops against others who seem to be focused on their own self-interests,” said Maj. Gen. Paul E. Vallely, a retired Army officer most Americans recognize as the senior military analyst who appeared so many times on Fox News Channel from 2000 to 2007. Referring to those of the polygraph-only mindset, the man who now heads Stand Up America added, “Sadly, it seems the wrong people are winning this war. I highly recommend THE CLAPPER MEMO.”

Capt. Larry Bailey, U.S. Navy SEAL Ret.

“Any American with a sense of fair play and a desire to see that our intelligence and vetting personnel have the best information possible should read THE CLAPPER MEMO,“ said Capt. Larry W. Bailey, a retired U.S. Navy SEAL who once served as commander of the Basic Underwater Demolition/SEALs (a.k.a., “BUD/S”) training program and now serves as a founding member of Special Operations Speaks. Later, he described what I reveal in the book as “an unconscionable cover-up.”

This is not the first and will not be the last article in my series, DoD’s War on Men, so stay tuned!

EDITOR’S NOTE: In case you don’t think I have a heart, let me share a story. When I was a young second lieutenant on my first assignment in the Air Force, I had to handle a sexual assault case. A senior enlisted member of my staff had attempted to sexually assault a junior enlisted member of my staff inside her on-base quarters. After an investigation, he was able to avoid court-martial proceedings by accepting a demotion, a sizable reduction in retirement pay and an immediate and sizable financial penalty. The accuser was satisfied with the outcome, and justice was served.

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book available in paperback and ebook via most online booksellers, including Amazon.com. It chronicles the life and wrongful conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart. His second book, THE CLAPPER MEMO, is coming soon.

Senator McCaskill Continues Reckless Effort to Undermine Military Justice System

Posted on April 11, 2013 by

The military justice system is bad enough without people like Sen. Claire McCaskill (D-Mo.) trying to make it worse.

Click to read other articles in series, DoD’s War on Men.

On Wednesday, the liberal senior senator from the Show-Me State used a news release to share her feelings about a letter in which Air Force Lt. Gen. Craig A. Franklin explained to Secretary of the Air Force Michael B. Donley his decision to overturn the guilty verdict issued by members of a court-martial panel in a sexual assault case at Aviano Air Base, Italy. Interestingly, the liberal senator did not include a copy of the letter in her release. Why? Because it doesn’t support the position she’s espoused during the past five weeks as a combatant in DoD’s War on Men.

Lt. Col. James H. Wilkerson III

Before I delve into the content of the March 12 letter written by General Franklin, commander of Third Air Force and the convening authority in the case of Lt. Col. James H. Wilkerson III, a review of the battles in this war is in order.

In a post March 7, I shared the full text of the scathing letter in which Senator McCaskill strongly urged Secretary Donley and Gen. Mark A. Welsh III, Chief of Staff of the Air Force to consider removing General Franklin for cause.

A few days later, Senator McCaskill announced she was proposing legislation to curtail the authority of military commanders to override court-martial convictions involving sexual assault charges and publicized the fact that she had met with Air Force Chief of Staff Gen. Mark Welsh “to discuss her ongoing efforts to address sexual assaults in the military.” In addition, however, she used another news release to smear the now-innocent Colonel Wilkerson.

Sen. Claire McCaskill (D-Mo.)

“Rape is the crime of a coward—and rapists in the ranks are masquerading as real members of our military,” she explained, adding, “The focus of our efforts should be on effective prosecution. There’s no reason a General who’s never heard the testimony of factual witnesses should be able to wipe out a verdict with the stroke of a pen.”

Those words prompted me to demand Senator McCaskill apologize to Colonel Wilkerson for inferring that he was a rapist. In addition to the fact that Colonel Wilkerson had been declared innocent, he had never been accused of rape in the first place!

On April 8, Senator McCaskill announced new Secretary of Defense Chuck Hagel had bought into her plan to take away commanders’ authority when it comes to courts-martial cases like the one involving Colonel Wilkerson.

Now, back to the Wednesday news release in which Senator McCaskill referred to the letter written by General Franklin to Secretary Donley.

“This explanation crystalizes exactly why the convening authority should not have the unilateral ability to overturn a jury verdict-and why we need legislation that restricts their ability to do so,” the liberal member of the Senate Armed Services Committee wrote. “This letter is filled with selective reasoning and assumptions from someone with no legal training, and it’s appalling that the reasoning spelled out in the letter served as the basis to overturn a jury verdict in this case.”

Was Senator McCaskill right in her analysis of General Franklin’s six-page letter (pdf) to Secretary Donley? You be the judge! Click here or on the graphic below to read it.

Click to read letter (pdf) at Scribd.com.

Next, read the piece I published Monday under the headline, National Defense University Publishes Must-Read Article About Military Sexual Assault. Pay particular attention to the ending, and let me know if you agree with me by leaving a comment below.

UPDATE 4/12/2013 at 1:29 p.m. Central: When I published this piece yesterday, I failed to note how this subject matter has a connection to my soon-to-be-published book, THE CLAPPER MEMO, and makes me think General Franklin might want to read the book. In his letter to SAF Donley, the general noted the following:

“Lt Col Wilkerson voluntarily agreed to take an (Air Force Office of Special Investigations) polygraph examination. I am fully aware of and considered the polygraph results. As you are aware in a criminal investigation, a polygraph is only an investigative tool to assist in the potential focus of the investigation and/or to attempt to elicit admissions of guilt. It is not a “lie detector test,” nor is it “pass” or “fail.” Because of the inherent unreliability of polygraphs, they are entirely inadmissible in a court-martial. Ultimately, Lt Col Wilkerson has consistently maintained his complete innocence — throughout two lengthy OSI interviews, through the entire court-martial, and throughout his nearly four months in prison (following the court-martial and during the post-trial process).”

National Defense University Publishes Must-Read Article About Military Sexual Assault

Posted on April 8, 2013 by

Almost 18 months ago, my book, Three Days In August, went on sale, carrying the true story of Army Green Beret Sgt. 1st Class Kelly A. Stewart and his unsuccessful battle with the military justice system. More recently, I’ve written eight posts as part of my series, DoD’s War on Men. Today, I point you to a well-written piece, Fostering Constructive Dialogue on Military Sexual Assault by Lindsay L. Rodman. Published in Joint Force Quarterly 69 by National Defense University Press, this piece (see abstract below) is a must-read for anyone interested in this topic:

Click to read full article.

Unrealistically high estimates by DOD officials of sexual assaults in the military, along with hazy definitions and methodologies, have fueled the public discourse on this emotional issue, making it unnecessarily hysterical and obscuring the military’s search for solutions. While the military is expected to maintain a higher standard than society at large, the experience of colleges and universities, whose demographic is roughly the same age as the military’s, should be drawn on. Moreover, an understanding of the strengths and weaknesses of criminal law will help draw the debate about the military sexual assault problem away from blaming commanders because they are not always obtaining convictions. The educational and military communities should combine their efforts to find a more holistic solution.

Sen. Claire McCaskill (D-Mo.), you should read this and then step down from your agenda-fueled soapbox.

Gun Rights, National Security and Mental Health

Posted on April 5, 2013 by

Especially since the deadly shooting in December at Sandy Hook Elementary in Newtown, Conn., efforts to tighten laws on gun ownership have increased in many localities. Some have even pushed to prohibit military veterans from obtaining firearms if they have been treated for any mental health issues — notably, Post-Traumatic Stress Disorder related to wartime service. Now, it appears Director of National Intelligence James R. Clapper Jr. has issued new guidance that makes one wonder, “What was he thinking!”

James R Clapper Jr.

Admittedly, gun ownership — and Second Amendment rights in general — is a topic I never expected to address on this website where I focus on topics related to my soon-to-be-published second nonfiction book, THE CLAPPER MEMO. When I read a news release from DNI Clapper’s office today about new guidance that applies to all executive branch departments and agencies, I couldn’t help but share my concerns in this space.

New security clearance guidance, according to the news release, will support victims of sexual assault who have consulted with a health care professional. In short, DNI Clapper issued the interim guidance which will allow victims of sexual assault who hold or wish to hold a government security clearance to opt out of disclose specific details about their counseling.

What does that mean? It means that individuals who’ve undergone mental health counseling of one kind or another will be able to disclose that fact by answering “Yes” to a question on the test. In turn, they will be able to avoid having to answer some of the background investigation questions.

According to the news release, DNI Clapper’s interim guidance also reaffirms the following:

• Strict enforcement of an individual’s privacy protections. Everyone involved in the personnel security process, including the individual completing the questionnaire, must be fully aware of the guidance and the specific protections it affords individuals.

• All information pertaining to mental health treatment shall be handled on a strict need-to-know basis. Any misuse of the information by investigators, adjudicators, supervisors, or other personnel is punishable under applicable regulations, policies, and privacy laws.

• Improper questions about an individual’s mental health counseling may result in administrative or other appropriate disciplinary action.

So, unless I’m misunderstanding something, the following is true: The federal government, per DNI Clapper, stands willing to grant security clearances to individuals who’ve undergone mental health counseling without knowing the nature, reason for, or scope of that counseling; and, at the same time, they want to take away gun ownership rights from veterans who have undergone mental health counseling of virtually any sort. Something’s wrong with this picture!

What if a woman who has undergone some kind of serious mental health counseling applies for a position which will require her, as part of her everyday duties, to carry a firearm. If everything else checks out, it appears she could land the position despite the possibility that the mental health issue(s) for which she received counseling could make her more likely to compromise national security secrets. Meanwhile, a veteran who’s simply trying to return to the “new normal” after serving in combat could have his Constitutional right to own firearms rescinded — perhaps, for life. Yes, something is very wrong with this picture!

Someone needs to wake up and smell the proverbial coffee before things spiral out of control even more.

EDITOR’S NOTE: Sen. Claire McCaskill (D-Mo.) applauded DNI Clapper’s work in a news release I received via email today. No surprise, though. She seems to be on the wrong side of a lot of issues, including DoD’s War on Men.

UPDATE 4/8/2013 at 6:48 p.m. Central: It seems Secretary of Defense Chuck Hagel has bought into Sen. Claire McCaskill’s bad plan to take away commanders’ authority when it comes to courts-martial. Here’s a link to Hagel’s latest action.

Timing Is Everything When Fighting DoD’s War on Men

Posted on March 30, 2013 by

The timing of a news release by officials at Fort Bragg, N.C., appears to represent a new type of game being played in the Department of Defense’s War on Men.

Click image above to read other posts in the series, DoD’s War on Men.

The announced launch of a new Female Mentorship Program at the sprawling post, home to several large Army organizations, including Army’s XVIII Airborne Corps HQ, the 82nd Airborne Division, and the United States Army Special Operations Command, came only days before pretrial hearings were set to begin in a high-profile case involving allegations of sex crimes against an Army general.

At the center of those hearings is Army Brig. Gen. Jeffrey A. Sinclair, former deputy commanding general of support with the 82nd Airborne Division and Regional Command-South in Afghanistan. He stands accused of a variety of charges for which he could go to prison for life if found guilty.

So, was the timing of the mentorship program release a coincidence? It doesn’t appear that way.

While the press release announcing the formation of the mentorship program made no reference to General Sinclair, PRWeek reported that Army public information officers at Fort Bragg had sent it over the same list serve designated solely to give updates on legal proceedings against Sinclair, inferring a link between the two issues. When PRWeek inquired about a possible connection, Army officials did not immediately return their call.

While mentoring stands as a proven means of developing new talent in an organization, one worries that what the mentors will be teaching their underlings will only help to further the efforts of those calling the shots in DoD’s War on Men.

Navy Sacrifices Officer to Appease Members of Congress

Posted on March 21, 2013 by

Imagine yourself in the shoes of a veteran Navy officer who, while old enough to retire, decides to stay on active duty because people in your vital career field are in short supply during time of war. Then something awful surfaces; a female sailor accuses you of doing something to her, but she cannot remember any details.

Click on the image above to read other posts about DoD’s War on Men.

An Article 32 investigation is conducted to determine whether formal charges should be drawn up, and the officer in charge of the investigation recommends against moving forward with charges and always-ugly court-martial proceedings. Why? Because, he reports, the accuser is simply not credible.

Just as you begin to breathe a sigh of relief, your world turns upside down. Rejecting the investigating officer’s recommendation, senior Navy officials opt to prosecute you, a trial takes place, and you are convicted of sexual assault-related charges by a panel comprised of military members overloaded with training on what constitutes sexual assault. Among the “lessons” they learned was this: “If a female has a single drink of alcohol she is unable to give consent, but if the male is drunk, it’s simply regrettable sex.”

Before you know it, you’re behind bars in a military prison and trying to come to grips with being branded a sex offender for the remainder of your life — if, that is, your appeals fail.

Unbelievable? Hardly.

That’s what happened to the husband of a Navy wife who contacted me almost six months ago after reading the life story of Army Green Beret Sgt. 1st Class Kelly A. Stewart, chronicled in my book, Three Days In August.

NOTE: Because her husband’s case is still in the appeals process, she has asked me not to reveal names via which she and her husband might be identified. Why? Because her husband has already been made an example by Navy leaders, and she doesn’t want his case impacted further if she can prevent it.

Today, the Navy officer’s wife forwarded copies of several letters which combine to prove that Navy officials have merely acted as foot soldiers in the Department of Defense War on Men.

In the first letter, written to R.R. Lamoureux, Assistant Secretary of the Navy for Manpower and Reserve Affairs, via J.A. Riehl, director of the Secretary of the Navy Council of Review Boards, members of the Navy Clemency and Parole Board (NC&PB) wrote, among other things, that they voted unanimously to recommend parole. In keeping with military justice guidelines, their recommendation was based upon whether or not the convicted officer was likely to offend again.

Two weeks later, Riehl wrote a letter to accompany the one sent by the NC&PB to Lamoureux.

“I do not concur with the Naval Clemency & Parole Board’s recommendation for parole,” Riehl stated, before going on to say that the convicted officer’s “offenses involving the sexual assault of a fellow sailor represent a significant departure from the conduct expected of a naval officer particularly in light of departmental efforts to eliminate the rash of sailor-on-sailor assaults that have plagued the military and generated significant concern among members of Congress and the general public.”

Six weeks later, Robert T. Cali, Assistant Secretary of the Navy (M & RA), wrote a memo to the president of the Naval Clemency & Parole Board, stating that the officer’s request for clemency and parole had been disapproved.

Of course, there are many more details to this case which, one day, I will be at liberty to disclose. Meanwhile, shame on Navy leaders for allowing self-centered concerns of members of Congress to outweigh military justice for a man who devoted his life to serving his country. Stay tuned!

Did DoD’s War on Men Claim Another Victim?

Posted on March 19, 2013 by

Though I’m not yet at liberty to disclose the name of a U.S. Army Soldier who appears to have become yet another victim of the Department of Defense War on Men, I feel compelled to share troubling details about his recent conviction on sexual assault charges that were shared with me by his father during a phone call today.

Click on the image above to read other posts about DoD’s War on Men.

In short, the father told me he had received signed letters from two members of the five-member court-martial panel — the military version of a jury — who had sat in judgment over his son during legal proceedings last year. In their letters, both panel members described how they had voted against convicting the man’s son. In addition, both described having been pressured to render a guilty convict by Army officials who wanted to make an example of the accused Soldier so as to discourage other Soldiers from committing sexual assaults in the future.

The father told me he will forward copies of those letters to me for dissemination to my readers if his son’s defense attorney thinks it a good idea during a time when they are moving forward with the appeals process. In other words, no guarantees. Stay tuned!

DoD War on Men: Comparing Messages Sent by Accusers

Posted on March 15, 2013 by

Today, as part of my continuing series about the Department of Defense War on Men, I compare the handling of evidence in military court-martial cases to the handling of similar evidence during the prosecution of a civilian sexual assault case making news in ~~West Virginia~~ Ohio.

ABC News broadcast a story today about the case of two Steubenville, Ohio ~~W.Va.~~, high school football players who stand accused of sexually assaulting a 16-year-old girl while she was drunk at an “alcohol-fueled party” the night of Aug. 11, 2012. If the report is reliable, then it appears prosecutors will rely heavily upon text messages and mobile phone photos exchanged by party attendees — and, perhaps, others — as they pursue guilty verdicts against the 16- and 17-year-old boys who stand accused.

Kelly Stewart returns from a mission in Iraq.

Army Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose life story and wrongful conviction are chronicled in my book, Three Days In August, probably would have benefited from having members of his court-martial panel made aware of some text messages sent by his accuser. But it didn’t happen. Instead, the highly-decorated combat veteran was convicted of a handful of sexual assault-related crimes and sentenced to eight years confinement at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan.

Several months later, however, Sergeant Stewart’s defense team had the rare opportunity to present new testimony during a post-trial hearing in Germany. During that hearing, many people testified, essentially calling out the 28-year-old German woman who had accused the Solider of raping and kidnapping her in his Stuttgart hotel room as a liar.

Did it get him a new trial? No.

Not even the testimony of Tamara Buehler, a woman who had known the accuser for more than 10 years as a friend, housemate and employer, earned him a new trial. She reported receiving a text message from the accuser within 24 hours of the night she spent with Sergeant Stewart.

In the text message, Buehler said, the accuser described a lecherous night during which she “found my master.” Of course, she took this to mean that there was sex of the sadomasochist type and noted that there was no talk of something happening that the accuser did not like. And that wasn’t all! Buehler also stated that the accuser had claimed her encounter with Sergeant Stewart was “great SEX.”

Incredibly, the military judge ignored the testimony of Buehler and several others who combined to paint a portrait of the accuser as a woman who had had sex with at least two more men between the day she met Sergeant Stewart and the start of the court-martial proceedings. Her testimony takes on additional weight when one realizes the accuser had testified during the trial that she could no longer be around men after her night with the Soldier. More details here.

U.S. Army Brig. Gen. Jeffrey A. Sinclair, the deputy commanding general of support with the 82nd Airborne Division and Regional Command-South, speaks with Afghan media outside of a school near Forward Operating Base Howz-e-Madad in Kandahar, Afghanistan, Nov. 16, 2011. (U.S. Army photo by Sgt. Amanda Hils/Released)

Now to a more recent case — that of Brig. Gen. Jeffrey A. Sinclair; if he receives the same treatment as Sergeant Stewart, he’s likely to receive an even longer prison sentence.

In what appears to be a smart move, however, General Sinclair’s defense team has gone on the offensive, launching a website, Sinclair Innocence, where one can read important details about the case which, for the most part, seems to be going unreported by mainstream news media outlets.

Under the tab, The Truth Behind the Case, several questions appear along with answers that tilt in favor of the accused general. Two paragraphs from the bottom of the page, links to journal entries and text messages — described as having been sent by the accuser to General Sinclair — appear to reveal much about the consensual nature of their relationship. If genuine, the documents also seem to shed much light on the mental state of the general’s accuser.

While it will be interesting to see how the case of the high school football players turns out, I will be more interested in General Sinclair’s case, hoping to see evidence of fairness and truth in the midst of DoD’s War on Men.

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, THE CLAPPER MEMO, is coming soon.

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