Saturday, January 10, 2015

Secretary John McHugh Review LTC Ken Pinkela's case and Dismiss all cahrges

Review LTC Pinkela's case

As of this morning, 32,964 have signed up to call for my case to be reviewed...

My case represents the other side of a broken UCMJ system...they can't handle the sad, real assault cases and they can't handle the false allegation cases.

There are National standards of investigation being ignored by the services...
Personal biases should NEVER be involved in the application of the LAW

Lady Justice has a blindfold and balanced scales..but NOT under UCMJ.

If they truly cared about the Law and Good Order and Conduct of the Armed Forces, then Senior Leaders must do everything possible to acknowledge the failures and FIX the system...

Please Sign and Share my petition.

Sunday, January 4, 2015

UCMJ recommendations have been ignored and my case is a pure example of the failures of UCMJ

UCMJ FACE LIFT

The Cox Commission Recommendations for the Uniform Code of Military Justice

If you have the time to read this it will both educate you and literally upset you...

In 2002, Captain Kevin J. Barry USCG (Ret.), wrote this paper laying out the history, deficiencies and recommendations to save and improve the essence of UCMJ.
Captain Barry is now in private practice, served on active duty with the U.S. Coast Guard for twenty-five years, during which he had assignments at sea and
a variety of legal duties, including chief trial judge and appellate military judge.

An educated and highly experienced military judge makes the most powerful quote in the paper...

"The U.S. military justice system today so far deviates from the norms of fundamental fairness that it is improbable that any UCMJ conviction could be
upheld if measured against the minimum standards applicable to every other U.S. criminal justice system and virtually all of our allies’ military justice systems. No system so deficient in fundamental fairness should be tolerated or allowed to continue to operate."

Lives are being lost - Careers are being Destroyed
Families are being Broken and Innocent men and women are going to jail.

I hope you will be upset and take action to call for the overhaul of UCMJ.  Its time for it to evolve and be a true system of justice.
Our sons and daughters deserve to serve our Nation without fear.

Monday, December 29, 2014

PLEASE HELP get my case in front of Sec Army John McHugh

Review LTC Pinkela's case and Dismiss ALL charges

Please Help my family and me get my case in front of Secretary of the Army John McHugh.

My case is greater than just me...My case represents the greater flaws of the Uniform Code of Military Justice.

A guilty man does not volunteer for a polygraph or DNA phylogenetic testing to help assist the command...

A guilty man does not serve his Nation for 26+ years and some how magically assault an Army Lieutenant in his home with his family present.

A guilty man does not welcome scrutiny into his life or the case against him.

Let me be very clear (again)...

I have ZERO TOLERANCE for any type of sexual assault, but I have LESS tolerance for a system that doesn't have the integrity to conduct a thorough investigation to determine if a crime of any kind occurred.

I agree that False Allegations may be "rare" but they do in fact happen!  People LIE why is it so hard to add that to the discussion?

My case represents the "other side" of the failures on the US Armed Forces and how they handle allegations of a sexual nature.

Don't get fixated on 3 letters - HIV

I am asking you to be fixated and to demand - JUSTICE - the pursuit of the TRUTH.

I did NOT touch 1LT CH

It was IMPOSSIBLE...there were witnesses!

He admitted to lying to prosecutors, hacking into my email and a website and then providing the altered information to ARMY CID...

ARMY CID did NOT confirm its authenticity like any other professional organization would have...they chose the easy way out...

I did NOT harm the Good Order and Conduct of my Army...YES "MY" ARMY...An Army i still LOVE to this day for what it stands for and will fight not only for my career and life, but will fight to save the Army's integrity...

A few bad people in positions of authority are doing more damage to the Army then could ever be construed about the false allegations againt me.

PLEASE...I need your Help...

I am Innocent and deserve the RIGHT to prove it

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...