Polygraph Expert Sends Message to Author Prior to Radio Interview

About 90 minutes before I went on the air Thursday as a guest of George Noory during the first two hours of his show, Coast to Coast AM, I received an email from a man who described himself as a certified polygraph examiner on the East Coast. The subject line: “Polygraph examiners will be tuning in tonight!”

George Noory, Host of "Coast to Coast AM"

George Noory, Host of “Coast to Coast AM”

Because I was about to speak to three million listeners about my latest nonfiction book, THE CLAPPER MEMO, via 506 radio stations across the United States and in Canada, Mexico and Guam, the message caught my attention.

Below, I share the text of that message, minus the sender’s name and minus a portion of one paragraph, the content of which would make him easy to identify and, perhaps, too susceptible to unwanted repercussions as a result:

Bob,

I am a polygraph examiner who has alerted (via a LinkedIn forum) potentially hundreds of my colleagues — as well as the forces behind the polygraph establishment — about your radio appearance tonight.

Expect to take some calls from some hardcore polygraph apologists who may wish to refute some of your claims. The usual suspects come to mind.

Personally, I am skeptical of the science behind polygraph, and even more cautious about the forces behind the polygraph industry. As a self-described polygraph realist, I am challenging the American Polygraph Association’s (sic) thinking on the alleged science behind polygraph, and am proposing that the APA not only take on a countermeasure challenge — similar to what George Maschke has long proposed — but to endorse a “Bill of Rights” for polygraph test takers to help prevent future polygraph abuse.

As a result of my strident stance (as evidenced by numerous postings on several polygraph forums) and admitted contact with Marisa Taylor of McClatchy News Service, I am viewed by the polygraph establishment as an iconoclast and apostate. Still, I think there are enough progressives and realists within the APA to help set a new course for polygraph’s future.

Best wishes for tonight. Although it will be late back east, I will do my best to tune in for the duration. Should I fade, there’s always the C2C podcast.

Regards,

Name Withheld

P.S. In September, I bought the Kindle edition of “The Clapper Memo” prior to a flight to Asia, which helped make the journey bearable. A great read!

Click on the image above to order the book, THE CLAPPER MEMO, shown superimposed on a photo of an M4 carbine. Photo credit: U.S. Army photo by Spc. Ken Scar.

Click on the image above to order the book, THE CLAPPER MEMO, shown superimposed on a photo of an M4 carbine. Photo credit: U.S. Army photo by Spc. Ken Scar.

During the first hour of the broadcast, Noory and I discussed the many details I uncovered about the federal government’s use of credibility assessment tools, including the polygraph, and we discussed many suspect findings that surfaced during my four-year investigation into the subject.

During the second hour, Noory and I fielded a mix of questions from callers across the country. While most of the callers were friendly, a few were not.

One man, in particular, went so far as to challenge my credibility by saying he didn’t believe I had ever spoken to any Army Green Berets, Navy SEALs or intelligence experts. I responded to him two ways.

First, I pointed out that I do have friends in the Special Forces community and had even written a book, Three Days In August, about one of them, former Sgt. 1st Class Kelly A. Stewart.

Next, I told him I was not going to behave like Vice President Joe Biden and break the bond of trust I’ve established with my “Quiet Professionals” friends who agreed to share details about their work in exchange for my promise that I would not reveal their names to the world.

I guess I could have pointed him to the names of people who endorsed THE CLAPPER MEMO, but I’m not sure that would have helped with this particular caller. Oh well.

If you missed the show live, you can download a podcast (subscription required). After listening to the show, be sure to get the whole story by ordering a copy of THE CLAPPER MEMO.

UPDATE 3/15/14 at 2:42 p.m. Central:  Bob McCarty’s Appearance on ‘Coast to Coast AM’ (Audio).

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Behenna Released From Prison

GREAT NEWS! First Lieutenant Michael Behenna, the young Army Ranger officer sent to prison for killing a known al-Qaeda operative in Iraq, walked out of the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., this morning, bound for his hometown of Edmond, Okla., barely a month after being granted parole by the U.S. Army Clemency and Parole Board in Washington, D.C.

Behenna, 30, spent five years behind bars after being sentenced to 25 years and, later, having that term reduced to 15 years.  While there, he and Army Sgt. 1st Class Kelly A. Stewart, the man whose life story is chronicled in my book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, became good friends behind bars at Fort Leavenworth.

Since June 4, 2009, I’ve written and published more than 60 articles about Behenna’s case, including the four highlighted below:

Army 15-6 Investigation Report Proves Elusive (Jan. 15, 2013);

Is Army Protecting Someone in Officer’s Chain of Command? (Aug. 20, 2012);

American Warfighters Deserve Same Consideration as Taliban (July 17, 2012); and

Photos Show Scene Where Trail of Injustice Began (Feb. 10, 2010).

Best wishes to all, and welcome home, Michael!

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Second Anniversary of First Book Prompts Review of Book Reviews

With the second anniversary of the release of my first nonfiction book, Three Days in August, approaching quickly, I thought I would revisit some of the great reviews the book has received.

Richard Miniter

Richard Miniter

Book Stirs Old Memories for Reader Who Served in Army April 16, 2012

“I strongly recommend this book” – Another Five-Star Review April 10, 2012

Clay Bowler Reviews ‘Three Days in August’ February 23, 2012

Reviewer Wonders If Movie Deal Could Be In Book’s Future February 9, 2012

NY Times Best-Selling Author Praises ‘Three Days In August’ February 8, 2012

American Legion Publishes Positive Review of Book January 24, 2012

Review: ‘You’ve got to be kidding me!’ January 19, 2012

Reviews of "Three Days In August" by Bob McCartyReviews Continue to Roll In for ‘Three Days In August’ January 9, 2012

Latest Review: ‘Army Destroys Much-Decorated Green Beret’ December 21, 2011

Green Beret’s Story ‘Unreal’ December 11, 2011

Atlas Shrugs’ Pamela Geller Says ‘Stewart deserves that new trial’ December 10, 2011

Don’t Take My Word For It. Ok, Actually You Should!, November 30, 2011

Dr. Elyse Lovell (Family Member of a Victim), November 27, 2011

Nothing But the Best, November 25, 2011

Atlas Shrugs' Pamela Geller

Atlas Shrugs’ Pamela Geller

Three Days In August: A U.S. Army Special Forces Soldier’s Fight for Military Justice, November 18, 2011

Three Days in August, November 14, 2011

Simply OUTSTANDING!!!, November 4, 2011

A Must Read!!, November 3, 2011

Semper Fi, November 2, 2011

Buy this book!, October 18, 2011

Three Days In August is now available at special second anniversary pricing at Amazon.com. To order a copy, click here.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Observing 4th Anniversary of Green Beret’s Bogus Conviction on Sexual Assault Charges

EDITOR’S NOTE: Four years ago today, Army Sgt. 1st Class Kelly A. Stewart was found guilty by members of a court-martial panel of several sexual assault-related charges despite the fact Army prosecutors presented no evidence of any kind to prove his guilt. In short, the highly-decorated Green Beret combat veteran became one of the early victims of the War on Men in the Military. Slightly modified for stand-alone publication, the excerpt (below) from my book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, provides graphic details of what happened the night after SFC Stewart learned he had been found guilty.

Kelly A. Stewart

Kelly A. Stewart

“So, they find me guilty. It’s late at night. In an instant, my whole life got flushed right down the toilet,” said Kelly A. Stewart, recalling the verdict that changed his life just before midnight on August 19, 2009. “I am smart enough to know that my life is screwed. The rest of my life. No matter what. My life is done.

“Clearly, I felt that I was shafted, and I knew there was no way to fix it,” the career soldier and Green Beret explained. “This is an analogy I use. It might come across as messed up, but this is my analogy, and this is why I chose to do what I did.

“I was not going to have everybody do prison time with me,” said Stewart, recalling his thoughts after a court-martial panel found him guilty of sex crimes against a German woman and handed down a sentence that included a reduction in rank, from E-7 to E-1, forfeiture of all pay and allowances, eight years of confinement and a recommendation for dishonorable discharge upon release.

“I wasn’t going to go to prison and have my kids have to go through having their dad in prison and my wife having to stand by my side and go without a husband for years —- and, at that time, I didn’t know the length of the years,” said Stewart, a Special Forces combat medic and Level One-trained sniper. “I didn’t know the length of my sentence; I just knew that I was found guilty.”

That’s when he made a decision.

“I never thought I was going to prison,” Stewart said. “When I got back after (being convicted), I had a reality check in the hotel room” at the Krystal Inn, the on-post hotel where he was staying near the court building where his trial was taking place at Rose Barracks in Vilseck, Germany.

About the only plans he made took place during the last intermission in the courtroom before his guilty verdict was announced. After calling his wife and telling her he wouldn’t be coming home soon, Stewart also called his bank and transferred all of the money in his account into his wife’s account.

“I already knew what I was gonna do,” he recalled.

Sgt. 1st Class Kelly A. Stewart returns from a mission in Iraq.

Kelly A. Stewart

Back in their room at the Krystal Inn, Stewart and his buddy, Sergeant First Class Detrick Hampton, laid in their beds and talked most of the night until Sergeant Hampton fell asleep around 5 a.m. Less than an hour later, Stewart began to implement his hastily-crafted plan.

Careful not to wake Sergeant Hampton, Stewart got up out of his bed about an hour later, put on his Army Combat Uniform and low-quarter shoes and collected a few items—including a combat knife and a rubber band—he thought he might need. Oddly, he left his black Army jump boots in the room.

Quietly, he walked out of his second-floor room at the Krystal Inn where, even after he was found guilty, he was not kept under guard — an indication, perhaps, that some in the Army still didn’t think he was as dangerous as the charges, eventual conviction and news media coverage of his case might have indicated. He had, after all, never been deemed a danger to others or a flight risk.

Because he had not planned to go away for a long time, Stewart didn’t prepare by gathering lots of clothes, money and 16 passports. Instead, he ensured only that he had enough money for gas to go where he needed to go to take his own life. And with three combat tours in Iraq and other stints in Kosovo and Macedonia under his belt, he knew enough about medicine to make it happen.

Once outside the hotel room, Stewart walked the short distance to a staircase in the center of the building, down a single flight of stairs and through an open-air hallway out to the parking lot where his rental car, an Audi Q5, was parked.

He drove the SUV a short distance to the Shoppette —- the name the Army and Air Force Exchange Service gives its convenience stores located on military installations -— where he purchased a laundry list of items: three 50-count bottles of Tylenol caplets, one 72-count package of Sominex tablets, two 16-ounce bottles of Gatorade Riptide Rush, some writing paper and a couple of pencils.

“I thought about how other people have killed themselves, and they generally either hurt or make a display for other people, but I didn’t want to do is be found dead somewhere where some kid was gonna see me (and) I didn’t want to get drunk and drive down the road and do something irresponsible where I could injure someone else or another family,” he said. Instead, he tried to pick an out-of-the-way place close by, in the woods, where he knew only an adult would find him. In the end, he opted for a wooded park area at a nearby training range.

Sgt. 1st Class Kelly A. Stewart at work in Iraq.

Kelly A. Stewart

After leaving the Shoppette, he knew he had to reach his destination by 6:30 a.m., the time at which the perimeter road that encircled two Army posts and the training range in between them would close so troops could use it for physical training (i.e., “PT”).

Immediately after pulling off the road and parking his car near a trail, Stewart drank about a fourth of the contents of each Gatorade bottle. Next, he used the flat surface of a tree stump and the flat edge of a large combat knife to methodically crush 150 Tylenol tablets (500 mg) and 50 Sominex tablets. Finally, he scooped the now-powdered medicines into the bottles and shook them up.

From his experience in hospital emergency rooms, he knew the crushed tablets, when swallowed, would have a much more toxic effect than coated tablets designed to reach the stomach before their contents were released. In addition, the sleep medicine would simply make it easier for him to endure his passage from life to death.

Next, he used a 12-foot length of CAT-5 cable that he had had in his room at the Krystal Inn to make a hangman’s noose on an A-frame-style deer stand he found in the woods only a kilometer or two away from the court building.

“I measured the CAT-5 so my feet wouldn’t touch the ground,” Stewart explained. “There was a base I could stand on to get my neck in the noose, but the base was high enough that, when I passed out, my feet wouldn’t touch the ground.”

At one point before he put the noose to work, a German forest marshal working on the German-American post drove by, saw Stewart in his vehicle and exchanged pleasantries with him. Upon learning from Stewart that he was “just waiting on doing some training here,” the forest marshal drove away.

Sgt. 1st Class Kelly A. Stewart on duty in Iraq.

Kelly A. Stewart

In retrospect, Stewart said, “I think that was my divine intervention, telling me, ‘Don’t do it, stupid.’” But he didn’t listen.

As soon as the forest marshal left, around 9:15 a.m., Stewart began consuming the drink in a process he compared to a Selection event—one of the grueling steps he survived en route to the SF Qualification Course. In other words, consuming the drink—and keeping it down—was very difficult.

Trying to hold it down was difficult. Every once in a while, he found himself throwing it back up into the bottle, because it burned so much on the way down.

“Everybody says, ‘I’m gonna kill myself,” he said, “but, to really do it and be successful is an event in itself.”

Why Tylenol, Sominex and Gatorade? It was part of his plan.

“In SF, we have this acronym called a PACE plan—Primary, Alternate, Contingency and Emergency. Everything that we do has a four-step plan in there…a redundancy thing…

“I had a PACE plan, but it wasn’t very good,” he said, noting the fact that he had survived.

“The Tylenol was, I guess, the primary thing,” he said, explaining that he had seen enough Tylenol overdoses in emergency rooms to know that it was an effective, but very painful technique.

“The alternate was the sleeping medicine.

“The CAT-5 cable was the contingency.”

Kelly Stewart meets country music superstar Toby Keith at an undisclosed location in Iraq.

Kelly Stewart and Toby Keith

Consuming the toxic cocktail took close to 40 minutes.

“Basically, when I started feeling myself get drowsy, I knew it was time and kind of stood up in this little A-frame deer stand, and I had the CAT-5 cable,” Stewart said. “I had it double-knotted, and I used a Prusik knot.” Similar to a slip knot, it was invented by an Austrian for mountaineering and climbing purposes.

While waiting for the drugs to take effect, Stewart wrote one letter each to his wife and daughters, to his parents and extended family, to members of his SF team, to Judge Kuhfahl and to the members of the court-martial panel. After writing the letters, he put a rubber band around them and placed his Tag Heuer wristwatch, his wedding ring and the money he had had in his pocket on top of them next to his vehicle. Accompanying those items were instructions for whoever found him to make sure the letters were delivered and the watch and ring were returned to his wife.

It was approaching 10:30 a.m., the time the court was set to convene, and Stewart realized people would start looking for him soon. Before he could worry too much about being discovered, however, the drugs began to take effect.

“I get drowsy (and) I realize, ‘Hey, it’s time,’ and said some prayers, because I knew I was gonna black out,” he said. “I had to work my way over to where this hangman’s noose was, because I had to basically kind of climb a little bit on it so that, when I passed out, (it) would catch me” as the contingency and emergency elements of his PACE plan. That was the last thing he remembered.

To read the remainder of this chapter and learn more about Stewart’s life and the events before and after those described above, order the book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice. It’s available in paperback and ebook at Amazon.com.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

German Police Detective Has Memory Issues Like Accuser

Unlike most people who read reporter Nancy Montgomery‘s article published Saturday in Stars and Stripes, I noticed something terribly wrong in some of the comments attributed to German police detective Daniel Lorch.  His words conflicted with the real-life events chronicled in my book, Three Days In August, which chronicles the life story of former Army Sgt. 1st Class Kelly A. Stewart and the military justice debacle that ended his stellar career as a Green Beret and landed him behind bars at Fort Leavenworth.

Kelly A Stewart with Book

Kelly A. Stewart with copy of book.

About halfway into the Stripes article, Montgomery shared comments made by Detective Lorch about his experience as an investigator and his personal opinion “that (Stewart) was guilty” of a variety of sexual assault-related charges stemming from a one-night stand involving the highly-decorated Special Forces soldier and a 28-year-old German woman.  The reporter did not, however, include any comments by the detective about the complete lack of physical evidence and eyewitnesses to the alleged crimes.

Next, Montgomery attributed a statement to the detective about a taxi driver being among the people (plural) who had allegedly seen Stewart’s accuser the morning she left his hotel and later provided corroborating trial testimony.  Apparently, the reporter did not ask the detective for details about those people.  Nor did she ask about their testimony during the trial.  Why?  Because, contrary to what the detective said, only the taxi driver testified as a witness during the trail.  Additional witnesses to her departure from the hotel could not be found.

Finally, Montgomery quoted Detective Lorch on the matter of what the taxi driver allegedly saw when she picked up the accuser outside Stewart’s hotel:

“He described, very detailed, very clearly, her physical damage,” Lorch said. “He was sure something very bad had happened to this woman.”

The detective repeatedly referred to the taxi driver in the masculine sense when, in reality, the taxi driver was a middle-age woman with memory issues.  I highlighted those issues in the book and in an Oct. 7, 2011, post.  An excerpt from the post appears below:

During questioning six months before the trial, according to official court documents, the taxi driver told German police officials, “I’m sorry I don’t see her in front of my eyes anymore right now,” later adding, “I believe she had blonde dyed hair.  I don’t remember her clothing or age right now anymore.”

During the trial one year after she had allegedly picked up Stewart’s 28-year-old accuser in front of the Stuttgart-Marriott Hotel in Sindelfingen, Germany, the taxi driver was able to remember accurate details about Stewart’s accuser (i.e., that she was wearing knee-high boots, had long black hair, etc.) that she wasn’t able to remember when it should have been fresh on her mind.  A miracle perhaps or was it coaching by prosecutors that helped her “improve” her memory?

Montgomery’s article came 24 days after she had contacted me via email, informing me that she was interested in doing a story about the latest development in the Stewart case, had read my website and wanted to talk.

In a written reply to Montgomery, I told her I had spent a lot of time one year earlier with John Vandiver, a Stuttgart-based Stripes reporter, and that the effort — via phone and email — had yielded not a single story.  Furthermore, I told her, I wasn’t excited about speaking with Stripes again and shared a link to a story I published April 19, 2012.

Montgomery persisted, however, and wrote that her story would be about the “latest legal step, the request for reconsideration” from the Court of Appeals for the Armed Forces.

KAS Stripes BOLO Poster

“Be On The Lookout” poster issued Aug. 20, 2009.

Because I had written about the CAAF-level step in the appeals process Nov. 27, 2012, I decided to make an offer to the reporter.

“Shoot me all of of your questions and let me know your deadline,” I wrote, “then I’ll do my best to answer them by your deadline while allowing time for follow up.”

Rather than shoot me a list of questions, however, Montgomery informed me that she was going to review some of what Vandiver had gathered when he had talked with me a year earlier.  She said she didn’t want to “duplicate some of the work he already did with you and ask questions you’ve already answered.  But I am wondering how you got involved in the case.  I don’t have a deadline yet.”

Montgomery was, of course, referring to a Nov. 21, 2011, phone interview I gave to Vandiver.  It was followed by several email messages and resulted in three articles — #1, #2 and #3 — being published early in 2012.  Unfortunately, all were published by yours truly, not Stripes.

“Nancy, I talked with John about how and why I became interested in the case,” I replied.  “I also wrote a piece about it:  http://threedaysinaugust.com/?p=1136.”

And that was that.

Montgomery did not forward any more questions or make any further attempts to obtain my input.  In fact, her name did not appear on my radar again until today when Stripes published her report about the status of Stewart’s appeals process — a report from which she not only omitted my name and the name of my book, but failed to share critical details I had published Thursday in an update to my Nov. 27 piece, Green Beret’s Defense Attorneys Cite Ineffective Counsel During Trial, Ask Court to Reconsider:

UPDATE 12/20/2012 at 8:30 a.m. Central:  Bad news received from the Court of Appeals for the Armed Forces:  “On consideration of Appellant’s petition for reconsideration of this Court’s order issued November 15, 2012, it is, by the Court, this, 19th day of December, 2012,  ORDERED:  That said petition for reconsideration is hereby denied.  For the Court, /s/ William A. DeCicco, Clerk of the Court.”

To read the never-before-published details about Stewart’s wrongful conviction, read the book, Three Days In August.  Based on 18 months of research, interviews with the key players and access to the actual Record of Trial, this book is available in paperback and ebook via most online booksellers, including Amazon.com.

UPDATE 12/28/2012 at 9:42 a.m. Central:  Five days ago, I shared a new observation about the latest Stripes article on Stewart’s case.  It’s a doozie.  See German Police Detective Has Memory Issues Like Accuser.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Yes, I Had Lunch With A Sniper

Today, I had the good fortune of being able to enjoy a good meal and good conversation with Kelly A. Stewart, a former Army Green Beret medic and sniper whose life story — including a wrongful conviction in a military court-martial — is chronicled in my book, Three Days In August.

L-R: Kelly A. Stewart and Bob McCarty.

Though I had communicated with Stewart countless times during the past three years, today’s meal at a Cracker Barrel Country Store in the St. Louis area marked the first time Stewart and I were able to meet in person.  It became possible as a result of Stewart passing through Missouri on the return leg of a cross-country trek to visit family.

Worth noting:  After spending more than two hours across the table from him, I’m convinced more than ever before that he is the victim of military justice gone awry.

To read the never-before-published details about Stewart’s wrongful conviction, read the book, Three Days In August.  Based on 18 months of research, interviews with the key players and access to the actual Record of Trial, this book is available in paperback and ebook via most online booksellers, including Amazon.com.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Green Beret’s Defense Attorneys Cite Ineffective Counsel During Trial, Ask Court to Reconsider

Since publishing news almost two weeks ago about the Court of Appeals for the Armed Forces denying former Army Green Beret Sgt. 1st Class Kelly A. Stewart’s appeal, a new development has surfaced:  William E. Cassara and Philip D. Cave, the attorneys handling Stewart’s appeals, have filed a Petition for Reconsideration with CAAF, the nation’s highest military court.

Notably, the petition cites ineffective assistance of counsel — an item mentioned in the July 26 decision of the Army Court of Criminal Appeals to affirm Stewart’s 2009 conviction and sentence on sexual assault charges — and requests CAAF reconsider Stewart’s case.

In plain English, Stewart’s new defense attorneys argue that the defense attorneys who represented the highly-decorated combat veteran during his court-martial didn’t follow the legal steps necessary to compel — or attempt to compel — the German government to produce the accuser’s mental health records.  Those records, many believe, would have provided the court with a great deal of insight about the accuser and may have convinced members of the court-martial panel that the accusations against Stewart were baseless.

You can read more about these issues in my post, Army Judge Violates Soldier’s Constitutional Rights, published May 11, 2011.  To read the complete, never-before-published details of this case, obtained through interviews with the key players and access to the actual Record of Trial, order a copy of the book, Three Days In August:  A U.S. Army Special Forces Soldier’s Fight For Military Justice.

UPDATE 12/20/2012 at 8:30 a.m. Central:  Bad news received from the Court of Appeals for the Armed Forces:  “On consideration of Appellant’s petition for reconsideration of this Court’s order issued November 15, 2012, it is, by the Court, this, 19th day of December, 2012,  ORDERED:  That said petition for reconsideration is hereby denied.  For the Court, /s/ William A. DeCicco, Clerk of the Court.”

Three Days In August is available in paperback and ebook via most online booksellers, including Amazon.com.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Highest Military Court Denies Green Beret’s Appeal

The Court of Appeals for the Armed Forces has denied former Army Green Beret Sgt. 1st Class Kelly A. Stewart‘s appeal of the wrongful conviction and sentence handed down by a court-martial panel in Germany almost 39 months ago.

The CAAF decision came today, almost four months after the Army Court of Criminal Appeals affirmed the soldier’s conviction and sentence.  Stewart’s sentence came at the end of a two-day military trial in August 2009 during which Stewart was found guilty of a handful of sexual assault charges after a German woman alleged she had been raped and kidnapped by the soldier.

Now, unless the highly-decorated combat veteran receives a presidential pardon, he will likely bear the “sex offender” label for the rest of his life.

To gain an understanding of how Stewart’s prosecution went down, read “THE BASICS” of his case.

To read the never-before-published details obtained through interviews with the key players and access to the actual Record of Trial, order a copy of the book, Three Days In August:  A U.S. Army Special Forces Soldier’s Fight For Military Justice.  a

Three Days In August is available in paperback and ebook via most online booksellers, including Amazon.com.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Some Guys Have All the Luck — Version 3.0

When I published Some Guys Have All the Luck back in June, I suspected it wouldn’t be the last time I shared news of a military officer receiving better treatment than one of his enlisted subordinates — and I was right.  Forty-five days later, I published Some Guys Have All the Luck — Version 2.0, and, today, I have yet another similar story.

Shown in this Nov. 16, 2011, U.S. Army Brig. Gen. Jeffrey A. Sinclair, then-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. (U.S. Army photo by Sgt. Amanda Hils)

A Special Forces friend sent me a link to a CNN article about an Army general facing possible court-martial on sexual misconduct and other charges.  From the article:

Brig. Gen. Jeffrey Sinclair has been charged with “forcible sodomy, wrongful sexual conduct, attempted violation of an order, violations of regulations by wrongfully engaging in inappropriate relationships, misusing a government travel charge card” and several other counts, said Col. Kevin Arata, a spokesman for the Fort Bragg-based 82nd Airborne Division, which since its creation during World War I has been one of the most celebrated units in the Army.

At this point, I have no idea whether or not the charges against General Sinclair are legit.  I will, however, keep my eye on this case and others like it. Why?  Because I hate to see officers — and I was one — receive more-favorable treatment than their enlisted subordinates — people like Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose life and wrongful conviction are chronicled in my book, Three Days In August, endorsed by some very special Special Operations veterans.  At the same time, I hate to see good officers railroaded the way Stewart was.

Stay tuned!

UPDATE 10/08/2012 at 8:53 a.m. Central:  The question is now being asked, “Is retirement an option for general accused of forcible sodomy?  Stewart never got that option.

UPDATE 10/27/12 at 8:56 p.m. Central:  An Article 32 hearing has been set for Nov. 5.

 FYI:  Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice is available in paperback and ebook via most online booksellers, including Amazon.comAlso, my second book, THE CLAPPER MEMO, is set for release this fall was released May 2013.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Keep Political Correctness Out of Military Justice System

The last thing the military needs is for more political correctness to be injected into the military justice system, but that seems to be what’s happening, according to a Military.com article published today:

Congress has floated a bill that would take ruling authority away from commanders in sexual assault cases and hand it over to an independent panel.

The bill comes as Pentagon leaders scramble to tackle a rising number of sexual assault cases spreading through the military. In 2011, servicemembers filed over 3,000 sexual assaults reports.

While I’m all in favor of prosecuting cases of sexual assault against women in the military, the quest by prosecutors to meet artificially-set goals for successful prosecutions has resulted in an emphasis being placed on the prosecution of male soldiers even when no evidence or eyewitnesses can be produced!

As evidence of this, I point to the case of Army Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose life story and wrongful conviction are the subject of my book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice.

Read the reviews.

During the first two days of his court-martial on sexual assault and kidnapping charges, prosecutors presented no physical evidence and/or eyewitnesses to the alleged crimes.  Instead, their case was based almost entirely on the testimony of the accuser, a one-time mental patient who, with the backing of the German government, refused to allow her medical records to be entered as evidence.  As a result, members of the court-martial panel found Stewart guilty on several counts and sentenced him, among other things, to eight years in prison and branded him a sex offender.

Based on extensive interviews and never-before-published details taken from the actual Record of Trial, Three Days In August paints a portrait of military justice gone awry that’s certain to make your blood boil.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Three Days In August is available in paperback and ebook via most online booksellers, including Amazon.com.