Monday, April 7, 2014

Give me Back MY Army !!

How about Give me Back MY ARMY !!

"The UCMJ, when implemented properly, is the best tool possible to prosecute offenders and protect survivors because it allows the commander to take actions beyond that of civilian courts, to prosecute both sexual assault and harassment, on or off post,"  SEC John McHugh.

What am I to think about this comment?

What are my family, friends and neighbors supposed to think about this comment?

Long before I joined the Army in 1987...my family, a long line of veterans and servants to community and Nation, raised me with what would be taken on as the Army's Values...

Loyalty, Duty, Respect, Selfless Service, Honor, Integrity and Personal Courage.

I still hold on to those values, even after MY Army turned its back on both me and their own values.


What am I supposed to think when the man with the Title X authority for clemency makes public comments like this?


His speech goes through rounds of revisions within the Secretary's office and the words..."when implemented properly.." survived to the final draft.


Can I maintain HOPE that you, Mr Secretary, are acknowledging that mistakes...malicious, prejudicial "mistakes" happen under the Uniform Code of Military Justice?


Can I maintain HOPE that you will review my clemency packet, which lays out the FACTS of a Record of Trial that UCMJ was NOT IMPLEMENTED properly?


No investigation was conducted

No Facts or Evidence of ANY crime were presented to the military judge
Physical witnesses were called liars and dismissed by the same judge
My accuser admits, under oath, to lying, stealing, identity theft and false statements.

Can I maintain HOPE that you will recognize that my case is a part of the Sexual Assault issue we all are talking about and represents the "other side" of the issue.


False Allegations can and are made against hundreds...and in a cowards approach, convening authority's say its best to just prosecute no matter what...all to "protect their career and escape doing their jobs as Commander's.


I gave my Nation and MY Army 26 years of faithful service.


The least I expected, and still expect, is for my "leaders" to give me the same.


The Army, MY Army, failed in its very own Values to ensure that a crime actually occurred. 


I beseech you to please REVIEW my case, and have the courage to recognize and tell the Army and the Nation that we got this one wrong.


If UCMJ had been properly implemented, as you say, we would not be having this conversation.


I am innocent and will never stop telling the world that I am.


I love MY Army too much to not talk about both the good and the bad.  Only by recognizing and admitting there is a problem can we as an Army grow and become better!


The UCMJ process is broken and the men and women in uniform deserve to serve without the FEAR of being assaulted, and in my humble opinion, more importantly, they deserve to serve with the confidence that the system and process with protect them. 

Friday, April 4, 2014

Education is the Key...to everything

Education is the Key...to everything

When my ordeal is over..mind you WHEN not IF...

The central pillar to my life and my goals as an issue is Education.

This piece may be from UNAIDS about HIV education..it rings true to the broader idea that through education we can tackle anything!

I remember watching Carl Sagan in the original COSMOS series and am completely addicted to Neil deGrasse Tyson taking the helm and continuing Sagan's march at exposing a new generation to science and education.

The fight against HIV has seen amazing progress in just the last 2 years all through the innovation and education in the science and medical community.

It was because of all the advances in HART drugs that a Republican President signed the change in law removing HIV as a communicable disease...HIV is defined as one of the many chronic manageable diseases.

HIV is not a death sentence.  It's more easily managed than diabetes.  I use that comparison because my family has a long history of diabetics and I've seen the effects of that disease over a lifetime.

As the people who know me best, my friends and family, I am not capable of hurting anyone...I am a person who has always been the "protector"
Its the way i was raised...

I opened my door to a person who was in need...my family was there with me...but yet, for whatever reason this person had decided to use the knowledge about my HIV status as a tool, to cover up his own actions, and as he put it on his facebook page.."be emancipated from the Army"

Its because of the lack of education about HIV, the Army and the few individuals involved, buried in their fear and discrimination about HIV, decided to bring charges against me...not for infecting anyone but this empty fear based "Exposure" charge...without any evidence of an assault or facts to prove anything...just a disturbed young man's allegation...thats all.

I am not afraid of putting my face out there as an HIV+ man.  Healthy with an amazing family and group of friends...

I will never stop professing my innocence and pray daily that I will be vindicated by the Army Appellate panel reviewing my case.

I can only hope that with EDUCATION, in any form...formal or informal, that we can put an end to the virus, and put an end to the fear and discrimination these 3 letters H-I-V.


Sunday, March 23, 2014

Hey DOD...If Illinois can do it.. so should you!!

LEGAL REFORMS in ILLINOIS

“The integrity of our criminal justice system depends on getting it right each and every time”

This quote speaks volumes...

Advancing a plan to help eliminate false confessions, false identifications and false convictions in criminal prosecutions, the Illinois House Judiciary Committee held a hearing Thursday to pave the way for approval of legislation sponsored by State Rep. Tom Cross (R-Oswego), a former Assistant Kendall County State’s Attorney.

This is the 2d state to recognize the increasing failures of the legal system...the whole damn thing.

How many times have we seen the news about False Allegations and False Convictions?

As the details come out on these cases, I get nauseous each time..Each one of them is just like my case.

A broken investigation process and the unbridled will to just prosecute at all costs...and in the military its even worse.

The twisted relationship between the Commander and the prosecution cannot be defended any longer.

How can anyone defend an environment where the ENTIRE legal process belongs to the Convening Authority/Commander?  

The prosecution gets RATED on job performance from the same guy...How can that be impartial?

When your O6/Colonel SJA is rated on how his staff performs and you as a young captain/major gets senior rated by that guy...how can it be impartial??!!!

That 2 star commander doesn't want to get "cards and phone calls" from Members of Congress.  There is a sick environemnt and will to just prosecute...not matter what...that way they cant say I didnt do "something"

I've personally heard General officers say this!

Its going to take serious Congressional support to force this kind of change in the UCMJ system.

I am asking Congress to see the strategic failures and STOP trying to put a band-aid on the bleeding wound that is UCMJ.

Innocent men and woman and their families are being destroyed and guilty men and woman are walking away with a reprimand or nothing at all.

The all volunteer force of this great Nation deserves to serve without fear.

If states like Illinois have the courage to recognize their "dirty Laundry" and are willing to take steps to prevent/improve the process then why can't the Department of Defense?

Friday, March 14, 2014

REGISTRATION OPEN: NATIONAL HIV IS NOT A CRIME CONFERENCE JUNE 2–5 At Grinnell College, Grinnell, IA

HIV is NOT a CRIME Conference

So proud to share this with everyone...I am working with an amazing group of people in support of this effort.

We are going to put a face on the issue, share and train grassroots advocates...

GRINNELL, IA, March 14, 2014 — Registration is open for the first-ever national HIV is Not a Crime conference convened to unite and train advocates living with HIV and allies from across the country in the effort to end the criminalization of people with HIV. The gathering will be held from June 2nd to 5th, 2014, at Grinnell College in Grinnell, Iowa. 

“We expect to a see diverse range of attendees who are working or volunteering for grassroots community groups or organizations across the country,” said Robert Suttle, one of the conference organizers and a person living with HIV. “We’re asking community organizations to assist us with raising funds to provide need-based scholarships, because every person that attends will help strengthen our movement to educate the community and advance advocacy for criminalization reform,” Suttle added.

The conference will empower attendees with three days of workshops and practical trainings on state advocacy, grassroots organizing, activism, and familiarity with the legal, medical, media, and public health issues related to HIV criminalization. As a result of the HIV Is Not A Crime conference, individual and organizational participants will be better equipped to initiate or advance advocacy in their home states addressing HIV-related criminalization, stigma and discrimination. The conference will help to rebuild and reenergize state-based HIV advocacy efforts.

Registration and scholarship information can be found on the conference website: www.HIVIsNotACrime.com <http://www.HIVIsNotACrime.com> . Scholarship applications must be submitted by April 7th.

HIV criminalization refers to the wrongful use of one’s HIV positive status in criminal prosecutions, which has led to people with HIV being charged under HIV-specific criminal statutes, or under general criminal statutes, including for behaviors that pose no or little risk of HIV transmission. Sentencing in these cases has sometimes involved decades in prison and/or required sex offender registration, including in circumstances when there was no risk of HIV transmission.

These laws, policies and practices contribute to the HIV epidemic by driving people away from public health and treatment programs and by discouraging at-risk individuals from getting tested.

To get involved or request information on the conference program, registration, and scholarship details, contact conference@seroproject.com.

Thursday, March 13, 2014

COURT-MARTIAL LAWYERS: Well written discussion on UCMJ changes

COURT-MARTIAL LAWYERS: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS AND FRANK J. SPINNER: Civilian Court-Martial Defense Lawyers: Military ...: MILITARY CRIMINAL DEFENSE LAWYER (Former JAG Attorney) NEWS: In the ongoing debate over alleged rape and sexual assault allegatio...

BG Sinclair's case highlights a BROKEN UCMJ SYSTEM...READ with an OPEN MIND

Sinclair's case highlights a BROKEN UCMJ system



PLEASE READ this with an OPEN mind: My point of posting this is to highlight the BROKEN PROCESS of UCMJ not to condone either side.

Why do we continue to view SEX as a crime...??

If there was proof of an actual assault I say FRY HIM...If there is proof that the accuser is lying then I say FRY HER, but what do we really know here?


Both sides talk about having consensual sex...an alleged "open marriage"...and over a long period of time...3 years...4 different women...

Under UCMJ, an inappropriate relationship with a subordinate is and can be a serious problem...but CRIMINAL???

But, this added "death threat" allegation...

Sadly you have to ask for proof...a persons life on the line here...Prove it...its the LAW...

PROVE IT...an allegation alone should NEVER be enough to CHARGE OR CONVICT anyone...Its the basis of our legal system...(I will say it again...if there is PROOF that he did in fact threaten her, then I say FRY HIM...)

So, if you will read the timeline here and apply REASONABLE DOUBT to just these few reported facts...What's TRUE and what's FALSE?


We have got to STOP this sick obsession with SEX as a CRIME.


Rape is a CRIME...Physically ASSAULTING a person is a CRIME...violence and intent...that is what we use to define an act as a crime.


We are supposed to apply a determination of "INTENT" to defining an act as a crime and with that there has to be PROOF...

We are supposed to find the PROOF through the conduct of a FAIR and THOROUGH investigation of BOTH sides and either you have a CRIME or you DO NOT.


AS always, I have to tie this back to my case...I experienced it first hand...I can tell you for a FACT that this is NOT how UCMJ works.


A FALSE ALLEGATION...NO Investigation...NO EVIDENCE...even with the testimony of physical witnesses to attest, in detail, that the allegations were IMPOSSIBLE and FALSE...all to NO AVAIL...


The US MILITARY has turned into a GANG of COWARDS at the General OFFICER rank...
All of them afraid of "political oversight"..None of them with the balls to make a decision based on FACTS and STAND BY IT


I am sick and tired for the REAL victims of assault being treated like crap...

I am sick and tired of the REAL victims of FALSE ALLEGATIONS and a BROKEN UCMJ system...
I am sick and tired of US Senators that have NEVER spent a day in uniform pontificating what's right and wrong without speaking to all the victims of this broken system and "playing" to emotions...

The few incredible advocates and victims of real assaults that I have had the honor to talk to, agree and understand my position...


I stand with the victims of real sexual assaults and I ask them to stand with me as well...

FALSE ALLEGATIONS are REAL and the UNIFORM CODE of MILITARY INJUSTICE is also REAL...

We are getting to a point under UCMJ, that any and all allegations lead to a criminal trial...GUILTY until proven Innocent...and I dare say we are there already.

Only when WE can come together are WE going to force the changes that WE all want and that the young volunteers, men and women, that make up our Armed Forces all deserve.

Tuesday, March 4, 2014

False Allegations are a concern for everyone

False allegations concern those who advocate for domestic violence victims

I cant tell you how appreciative I am of this article; and more importantly, to see both a seated Judge and the YWCA acknowledge what I and many other victims of false allegations believe...

"These sorts of allegations that undermine the integrity of our system of justice, and especially in domestic violence cases," said Honorable Randal Caldwell. "It's really unfortunate, because we don't see a lot of false reporting." (and I agree, but just ONE false allegation is ONE to many...)
Natalie Brown of the YWCA in Utica agrees with Judge Caldwell, and fears cases like this could keep true victims of domestic violence in their shell.
The law is supposed to provide rights for both the accused and the accuser, but in a perfect quote, 
"Generally speaking, in the criminal justice system, they don't take what they call cross complaints," said Massoud. "So the first one to file the complaint is the first one that gets heard."
As always, I want to bring this back to my case...
If the Army CID investigators had done, a basic and thorough investigation...they would have found the truth...but they didn't...they did NO investigation at all...they had an allegation and they ran with it.
The Army JAG Corps has a professional obligation to ensure that a crime occurred and that includes investigating the accuser and they continue to fail in this obligation.
No Facts, No Evidence...and under federal oath at the Article 32 hearing...HE admits to stealing, lying, identity theft and making false statements...again all under oath.
I remain hopeful the Army Appellate Court will see the truth and get very upset at how/what this case represents the failures of the UCMJ investigation and trial process.
This misconception that false allegations don't exist in the sexual assault arena is sad and ridiculous.
Innocent people and families are being destroyed and yes real victims of assault are being silenced
WAKE UP ADVOCACY GROUPS...Why can't we work together?