Tuesday, December 9, 2014

US v Gutierrez audio file

CAAF Audio in Gutierrez

Oral arguments are done...

Lets pray "they" heard the truth about HIV...and apply common sense

HIV science and medicine has evolved...
RISK needs to be "weighed" differently...
Exposure does not mean death is "likely"

If you are not charged with acutally infecting a person with criminal intent, just as any other defined "assault" then STOP automatically putting anyone with HIV in the "box" as a weapon!

We must STOP this legally defined fear and stigma about HIV.


Thursday, November 27, 2014

Grateful even if ...

Even, in the wake of such a tragedy, having a few very evil, hateful people in the ranks take everything away from me...my career, my retirement, my access to medical care, even my ability to future employment...

I can honestly say I am grateful

I would not be alive if it were not for my family, friends, neighbors and the co-workers that believe in me.

Even after learning that some of the younger officer's and a single civilian employee, who went as far as to go to Bethesda Naval Medical Center and find out my private medical information and then take that information and try to hurt me in the office...she said terrible things about me...

They can't take away the dedication I had for all of them...I am still grateful.

I know those comments were based on fear, ignorance and prejudice surrounding 3 letters...HIV.

I could NEVER hurt a soul...and I know as all of you reflect...I did everything to keep my personal life separate and out of the drama of our close-knit Army office.

I love "my" Army and my work as an Infantry officer and Strategic Force Management officer.  I tried to teach and do the right thing all the time for every single soldier in the force and my co-workers...I had the privilege of serving with some of America's best...

I am grateful for the amazing FA50 Force Management mentors and friends I made over the years and I hope they will always know how thankful I am for them and all that they taught me.

Recently, and yet again, I have seen just how broken the UCMJ process truly is...

Without an investigation, without ANY evidence...
My accuser CH admitted to lying, stealing passwords, hacking into a personal website and yahoo account, false information to the Army prosecution and to CID...ALL UNDER OATH at the Article 32 hearing...

We now even have testimony that my accuser, CH, went to a sex party, used crystal meth and never told anyone his HIV status...then less than 12 hours later he testified against me...

My family and I opened our home to you CH.
WE welcomed you into our home without any judgment...and you have ruined our lives with your personal choices and lies.

WHY?  Why would you do this?

We found John Doe in Atlanta that you even accused of "infecting" you with HIV....again blaming others for your personal choices, but WHY ME?

I did NOTHING to you...

I listened on the phone when you complained about your company commander...

I listened on the phone when you were afraid of deploying to Iraq...

I did NOTHING but try to be an ear and voice of hope and comfort...

I DID NOT HURT YOU
I DID NOT "EXPOSE" YOU TO HIV...

The primary witness, "used" against me...has now come forward and wants to help overturn the courts martial against me...
Uniformed JAG officer's threatened and lied to him...all to save their career's and give a perception that they handled a sexual assault allegation and save inquiries from Capitol Hill...
This young man, EH, is a victim of this broken process just as I am ...

EH, my family and I, are here for you...We want to help you do the right thing and help clear both your name and mine...

I pray everyday that you will follow through on your offer to do everything possible to fix this...

Even now, a panel of 3 military judges, shrugged their responsibility and ignored, 3000 pages of FACTS and EVIDENCE denied at trial...
They ignored my families testimony, as the physical witness in the home that it was IMPOSSIBLE to have anything CH said occur...
They chose to ignore ALL science and Medical evidence which PROVED there was NO MEANS LIKELY to expose CH to HIV.
They chose to point to a yahoo chat log, which CH admitted under oath to hacking as the "proof of a sexual contact...

The Army Appellate panel took the easy and cowards way out...You should be ashamed for wearing the Army uniform.

There is NO way, if you read the clemency packet, record of trial, defense appellate brief and ALL of the evidence, that you could remotely find grounds to affirm my conviction, but you did...

For that, I am calling each of you a coward...and an embarrassment to the Army in which you serve...

Even after all of this...

I will NEVER WAIVER...I will go to my grave knowing that I am INNOCENT...

I did NOT touch 1LT CH...

Even after all of this...

I am still grateful...


Wednesday, October 29, 2014

All bar associations have a process to File a complaint about unethical attorney's

How to File a Complaint against a New York barred attorney

All bar associations have documented and approved ethical standards to which their members must maintain...both PRIOR to bar admission and during the time they practise under that association "certificate"

Keep in mind...

Documented cases of admitting to lying, stealing, Identity theft, false statements and false swearing while under federal oath, during a military Article 32 hearing, are grounds for ethical violations and disbarment.

I am very thankful to have the official audio recording of that Article 32 hearing.

You can't escape the truth...

Sunday, October 19, 2014

Loss of my Home from your False Allegations and Lies - I just need to vent

Sadly, I'm no longer a homeowner...the home I put so much energy and love into is now gone...

On Friday, I lost my home as a direct result of the Lies and False Allegations made against me.

No more tears...I am taking this in stride and as a silver lining to this disgusting ordeal.

I have the most incredible family, friends and support group...people that truly know me, know the Truth and Love me...

You, my accuser, do not.

I have the Truth on my side...

You, my accuser, do not.

More and more of the Truth and Facts of the person you are keep coming out...some from unexpected places...some because of a guilty conscience and the desire to help right the wrong done against me...

"That" person, who has come forward, my family and I are grateful and we will forgive you if you tell the truth...your life has been wrongfully damaged as well and we have the power to take that back...

The energy and tide towards exposing my accuser for what he is has taken a wonderful turn recently, and has given us the momentum to show the lengths taken by the MDW SJA and Commander to prosecute an innocent man.

My supporters have taught me a valuable lesson - what a Sociopath, fears the most is the TRUTH, and trust me, the Truth is coming...and there is nothing you can do to stop it.

How did you think we would not find out about you going to a sex party the night before you testified and lied at the trial...using Crystal meth...not telling anyone at this party of your own HIV+ status...

Did you honestly think we would not find out?

Did you honestly think we would not find out about the person in Atlanta that you also accused of actually "infecting" you with HIV?

How many more people have you tried to "blame" for your actions?

How many more have you harmed and continue to harm, and for what? SO you don't have to tell your parents you are gay, a sex addict, a drug addict, a liar...Who Cares...own it...its who you are...Leave the rest of us alone...

I surely don't care what you do...but you chose to Lie and Hurt my family, and I will NEVER stop until that is Ends and the Truth comes out...

I am Innocent and the world is going to find out very soon!

You can't hide much longer...

The TRUTH is coming...




Sunday, October 5, 2014

To recant...What does that mean?

BOTTOMLINE: You can never feel bad about telling the TRUTH

re·cant  (r-knt)
v. re·cant·edre·cant·ingre·cants
v.tr.
To make a formal retraction or disavowal of (a statement or belief to which one has previously committed oneself).
v.intr.
To make a formal retraction or disavowal of a previously held statement or belief.


Why would a person recant their testimony?

  • Fabricated crimes. False convictions in sex abuse cases are usually due to fabricated crimes; all too often it stems from a person trying to protect themselves from "judgment" and deflecting responsibility for their own actions, or police/ prosecution convince an unwilling witness to say something that wasn't true. This is almost always coupled with a legal "threat" of subpoena to get the fabricated testimony. (See - Coercion )
  • Misconduct by authorities. For homicides, misconduct by authorities was the second-biggest cause of false convictions, just behind false eyewitness accounts.
Eyewitnesses are crucial to a trial, experts say, and their mistakes, whether intentional or not, can have a huge impact.
"The bulk of the evidence that is presented in trials is human testimony. Almost all of the time, energy, and effort is spent hearing people's statement in what occurred at a different place and a different time," Dan Simon, a professor of law and psychology at USC, said. "The bottom line is, people are often inaccurate."

Recanting testimony

Asked about 3 years ago - Dallas, TX
I testified at a trial and I wish to recant my statement, what do I need to do? I was coerced to testify and my testimony was false, I did not testify to a crime committed, I lied about an event that happened and about knowing the person on trial, basically I misidentified them. I just want to tell the truth.

ATTORNEY ANSWERS (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    3

    Lawyers agree
    Answered You can contact the person or the family of the person against whom you testified if you know them. You can contact the lawyer of the person against whom you testified.  For the Defense - Law Office of Philip D. Cave

Rare but No Less Criminal - False Allegations

woman-who-falsely-accused-marshawn-lynch-may-face-charges/

Rare as they may be, False Allegations are REAL and they are No Less Criminal.

As I continue to say, I have a ZERO tolerance for any proven assault, but it MUST be proven.

The lack of universally accepted investigation practises and the emotion that surrounds the act of a sexual assault DOES NOT make it any less or more criminal.

Assault is a crime.  Lying is a crime.  Period!

Our justice system is based on thorough, fair investigations of BOTH the accused and the accuser.

Innocent until "proven" beyond a Reasonable Doubt...

WE can not allow emotions or politics to change the process, in the slightest, in favor of one side or the other.


Saturday, October 4, 2014

Sociopath Traits...

Sociopath Traits

I want to share this link to help others identify the traits of a sociopath.

If like me, and so many people, its hard to believe and even accept that a person could be so evil and yes EVIL.

After my run in with a forensically diagnosed sociopath...my life and world were turned upside down...

How could someone blatantly lie and convince others?

How could someone create such a fantasy to deflect and blame someone else for their own actions?

Trust me...they (he) are (is) real...

I'm not going to live life paranoid that everyone I meet is a sociopath, but I am damn sure better armed knowing the signs of one...

One thing these people fear the MOST is the TRUTH...They fear people finding out what they have done.

The TRUTH is coming...and there is nothing you can do to stop it!

I forgive the others who fell for your lie, but I will not and I dont have to forgive you...

I will just simply move on and be successful and happy...thats how I will win.