Saturday, September 10, 2016

The HATE still keeps coming

You just will NOT accept the fact that I did NOT touch Hamilton...

First...I was NOT charged with rape...
Second, I am NOT a registered Sex Offender...so get your story right...

I was charged with Agg Assault for HIV exposure and a wrongful sexual contact with a douche hose that never existed...

There was NO hose in my home...CID never came in to do any investigation...we introduced pictures and drawings of the house...period...it was all a LIE...

Chris is not my type...as a gay man you should be pissed off at the way they made all gay men seem like pure sexual predators...we all just fuck anyone and anything...why is it so hard to think that what HE said is true...we were introduced by Adam Potter because he was afraid of deploying and his company commander was on his ass giving him a hard time?  Those are chris's words...

You know damn well chris was a heavy drinker and we know about the heavy crystal meth use...we know about his bareback parties and we have his cell phone text messages bragging about all the loads he had taken anonymously at the truck stop on I-95 outside the gate at Fort Bragg...OH by the way LONG before ever meeting me...

We have all of his sex ads as far back as when he was "young Dumb and wants to be full of cum" on DaddyHunt when he was at the Infantry Officer Basic Course, Fort Benning...

We have his CDC form which describes his sexual contacts as TOo Numerous Too Count...TNTC ... again long before the alleged 18 hours he was with me and my family in my home...never alone...never touched him...

None of this mattered and it should have...they were charging me with HIV exposure and there was NO SEXUAL contact in my case...but chris had a clear past of exposure opportunities...

I could care less who and how many loads the kid was taking...what mattered is NONE of it was from me...and he accused me of something I DID NOT DO...so all of this is going to be very relevant...

We now have Scott Henney coming forward signing a sworn statement the CPT Stapley lied to him and coerced his testimony...He also states he knows both Potter and Hamilton and that chris is lying....again long before me...

We have the official recording from the Article 32 hearing in which Hamilton admits to stealing passwords, hacking into my Dudesnude account...lying to the prosecutor...and lying to the CDC official at Fort Bragg...that's his official testimony he admits to no less then 4 felony's...yet my case went forward

We have the testimony of his Battalion Commander who states Hamilton told him he was infected by some guy in Las Vegas....

We have the testimony of a person in Atlanta that tells us Hamilton has originally accused him of infecting him....

Why would people or prominent organizations support me without vetting my story?  Law firms and Advocate groups have all had access to the Record of Trial...

No one has given me a job...I cant get a job because of what chris has done...

I was helping at my HIV support group with other active duty members from the day I was diagnosed...so sorry you are wrong...this advocacy work is NOT new to me...but it's given me a greater stage to make a difference...

I've lost everything...a life long career retirement medical care and all because a broken system didn't do an investigation...there was no evidence presented at my trial...the record is clear...not one physical or medical piece of evidence...there are NO elements of any crime in the entire record of trial...every outside legal review admits this is the most troubling and then why didn't the Appellate process act...that's a whole other story, but my case is NOT alone in this....the UCMJ process is so broken there are organizations popping up all over highlighting my case and others that are pure examples of the injustice and how the armed forces are treated...

Bottomline...He is a liar and a very sick kid...He knew I was HIV+ before ever meeting me...both he and Potter admitted that at trial...funny if you were there you would have known that....its on the record ... so this was not a nondisclosure case...this literally came down to a pure homophobic HIV case by a very bias commander and prosecutor...sadly this is very typical in the Army...which you know nothing about...but if you knew anything...the UCMJ is NOT a justice system...it is by definition a good order and conduct system...and sadly it is still influenced and driven by individual commanders with deep hate and prejudice...

On the HIV denialist claim you make...NEVER NEVER in that trial did I DENY having HIV...my boss and others at work KNEW I was HIV+ and the record of trail is my proof...if you knew anything about HIV Criminalization you would know that there are few if any defenses...and only after my permission did I allow my attorney to use the testing challenge, similar to the urinalysis challenge in drug piss test cases, in my case...

ALL of my advocates have seen the email in which I admonitioned everyone that I would NOT allow any HIV denialist agenda in my case...

Oh by the way, what you do not know...one month prior in an HIV case at Fort Bragg...the same exact testing challenge led to the HIV charges being dropped...and who was sitting in that courtroom, but the very judge who sat on my case...it was a good idea to try it, but it failed because of Hargis's prejudice and homophobia...

and YES....I contacted you on BBRT that weekend but will you admit what I said to you...I flat out approached you to figure out WHY chris was doing this to me...I told you then and I am today...I DID NOT TOUCH HIM...we had a private investigator tracking Hamilton all over the place...since you two used to post pictures on BigMuscle we knew who you were...I was wrong to think you would listen then or now...

I volunteered for both a polygraph and phylogenetics....WE even connected CPT Stapley with Dr Metzger at Baylor univ..to tell them the test would clear me as the source of chris's HIV....  ASK yourself...WHY would I do that?

I still toady am challenging to force Hamilton to submit to the test and clear this up...if you were a REAL advocate you would bury your anger and on that point admit ... why not take the test?

Why not PROVE if I am the source or NOT? Why would a justice system NOT want to verify if a crime had been committed?  Because they don't give a shit...after nearly 30 years I have finally seen how true that statement really is...

If you know anything...the recent Partner II study solidifies phylogenetics as forensic evidence that MUST be used in all HIV cases...

So ask yourself...WHY did chris deny the test?  Why would the accused volunteer his blood for testing and the alleged victim deny? Who is hiding what?

I didn't touch chris...I frankly don't care if you want to believe it or not...whatever relationship you had with that kid is your business...I didn't even know him...he even admits that we met two times and never alone, but yet some how with my entire family and 3 dogs in the house...he sneaks upstairs after going out to see Carson Checkettes and I allegedly "help" not force him to douche his ass with a hose that doesn't exist...he then doesn't remember if we had sex or not...that's his testimony...not making that up...and then leaves the next morning after my parents and I find him asleep on the first floor living room couch...this is all the record of trial.

Honestly, I don't give a flying fuck about you...and I don't know why you are so dead set on attacking me...you do not KNOW the facts of the case...you really don't...you did not testify and you were never in the courtroom...

I had the terrible chance to be introduced to hamilton to help him coming out and deploying...NOTHING SEXUAL...and for whatever reason I got totally screwed..I didn't even know the kid, but his insecurity and willingness to LIE to not admit to mom and dad he was gay and oh now was HIV+ is truly disgusting...truly a sociopath...to not take responsibility for self actions and blame others...but in this instance to destroy a man who was only introduced to help you and his career and family...there is not enough room in hell for him...

SO do yourself a favor...let it go man...live your life...chris screwed you over it seems as he did me...you know him far better and I am thinking that somewhere inside some of this may make sense to you...

I didn't touch him ..



Thursday, August 11, 2016

Should you be prosecuted for exposing someone to HIV?

Should you be prosecuted for exposing someone to HIV?

Many have been found guilty despite lack of scientific evidence ... or any evidence for that matter...

An allegation is just that ... defined as:

" a claim or assertion that someone has done something illegal or wrong, typically one made without proof."

When there is NO PROOF of any wrong or specifically to my case .. No physical evidence
No Medical evidence
No Scientific evidence

the allegation is WITHOUT proof...

How and Why can people living with HIV be convicted of Assault charges?

This issue is NOT as complicated as many people want to make it out to be .. its simple...

No SEX
No EXPOSURE
NO CRIME
NOT GUILTY

I will continue to SPEAK OUT and tell the TRUTH

Elliott Henney came forward and signed a sworn statement describing in detail the LIES and COERCION that CPT Jordan Stapley committed in fabricating a case against me.

I did NOT touch C Hamilton .. PERIOD 

The PROOF is in my BLOOD and when the phylogenetic evidence is allowed the TRUTH will be known...the Army has both original blood samples forensically on file with the US Army HIV Lab and they can do the analysis if they cared about the truth...one way or another we will get a court or Congress to order that step to be done and end this ordeal.




Monday, November 30, 2015

What's up with HIV laws in America?

Don't forget the US Military...service members can be prosecuted without any evidence or even an investigation...they are targeted solely for being HIV+ and any allegations even FALSE ALLEGATIONS and LIES can lead to prosecution jail and loss of an entire career



Monday, November 9, 2015

CAAF acts AGAIN...some good news but it's not over...yet


November 5th, 2015 - U.S. Court of Appeals of the Armed Forces (CAAF) reversed and dismissed the aggravated assault and reckless endangerment convictions, however, they are affirming a lesser charge of assault and battery (following their earlier precedent in US v Gutierrez) 
What is factually different, and we pray the Army will admit in a de novo review, there is NO physical or sexual contact in my record of trial. My accuser NEVER anywhere could describe HOW or WHAT sexual act took place to remotely expose him to HIV this FACT can not in any way justify assault and battery...

LTG Darpino YOU MUST see that...and YOU MUST ACT...DISMISS THIS CASE

What is remarkable, in this decision, is that the CAAF took this action WITHOUT the knowledge and sworn statement from the Primary Witness (read the earlier posting) 

Can you imagine what they will do, or would have done, if they had the facts about the lengths of lies and coercion Army prosecutors went to to fabricate the case against me.

The fight is NOT over...

The CAAF has remanded the case back to LTG Darpino, the Judge Advocate General of the Army for action...


I am unwavering in my demand for the Secretary and LTG Darpino, to now do what the CAAF has ordered...REVIEW my CASE with all the FACTS and have the courage to ACT and DISMISS this case.

For the sake my my family and me, but for the sake of the Army...this case is a stain on the integrity of the entire UCMJ system...there is NO evidence, No investigation...nothing to justify any action against me...

The system failed...it failed to protect an innocent man and officer who volunteered a polygraph and medical phylogenetic testing to PROVE that I am NOT the source of HIV...the acts of the prosecution are beyond excusable ... they are unprofessional and criminal in and of themselves...

I continue to hold on to Hope that the professional corps of senior leaders will take this opportunity, given to them by the military high court, as a second chance to right a terrible wrong...give me my life back... learn from the mistakes and grow as an Army, from the terrible actions of a few hate filled, bigots and their fraud and abuse of the office they were charged with in wrongfully prosecuting an innocent man.

I Hope and Pray you will ALL continue to STAND with my family and with me...DEMAND that LTG Darpino and Secretary of the Army DISMISS the entire case.

The Honorable John M. McHugh
Secretary of the Army
101 Army Pentagon
Washington, DC 20310-0101

The Honorable Eric K. Fanning
Under Secretary of the Army (Acting)
102 Army Pentagon
Washington, DC 20310-0102

LTG Flora D. Darpino
The Judge Advocate General
United States Army
2200 Army Pentagon 3E542

Washington DC 20310-2200

Sunday, October 25, 2015

How a Detective spots a Liar - Oh yeah...first do an investigation

Sociopaths are REAL - How a Detective spots one

I wake up on days like today, and try as I may, I am reminded that my life has been totally changed...I'm getting better at not saying ruined, because I have my family and friends, but...the "what if" scenario runs through my mind again...

What if the US Army CID at Fort Myer had actually done an investigation?  What if this supposedly "professional" corps of children with badges had done their job...actually conducted a real investigation of the utter bullshit allegations made by #1LTCH ?

Hopefully, you've also seen that if CID had done an investigation, then the twisted prosecutor would not have even known my name...See earlier post and the brave letter the primary witness writes in my case.

What if CID was trained in what seems to be "basic" criminal investigation techniques on How to "spot a LIE"?

What if?

I've done a cut and paste to the "list"  Stacy Dittrich, a former Ohio police detective, crime expert and author describes in the article

Here are the most tell-tale signs, revealed.
A pre-emptive 911 call: Criminals (Liars) sometimes call police very early to cover their bases. For instance, a man with a missing spouse might call police within a couple hours to say something is wrong. "The first question the detective is asking is why they're assuming something is wrong because not getting ahold of someone right away is pretty normal," Dittrich said.
ASK any rational/normal person what was the first thing they did after finding out they were HIV+, and 99.9% of us are NOT calling CID or the police...
The emotions don't fit: even if what a suspect is saying on the call appears to be true, their tone is a big tip-off to police, Dittrich said. For instance, a calm demeanor while reporting a home invasion could indicate something is amiss because ``most people are hysterical in that kind of situation.''
Lets just say cold and soulless...if you were a "real" victim of something like this you would not be as cold and creepy as he was in the entire process...oh and you would not have gone to a sex party the night before you took the stand and testified against me, done crystal meth and not disclosed your own HIV status to anyone...yeah Navy E7 Rob Nelson came forward and told us what happened on 28 June 2012...
Not answering "yes" or "no": an innocent person will usually answer questions with a direct yes or no. Not so for criminals, says Dittrich. When asked "are you involved in this murder?" they are likely to give a long answer like "I swear on my mother's grave and all my children I didn't." This is a way of stalling: even though they tell themselves to lie, they can't quite follow through.
#1LTCH had was never able to answer yes or no...to any question...He is smarter than everyone else in his little mind...read the Article 32 and Record of Trial...
Too many details: A criminal usually carefully plans their story in advance, anticipating that they'll eventually speaks with detectives. A 911 call with too many details about the suspect, such as what they did that day or whether they're happy with their significant other, is a red flag because it shows the person put thought into his or her story.
#1LTCH couldn't even describe any sexual act or any means likely of an act that could have introduced my blood or semen to him, but holy shit he could remember my mother eating raw steak and that it grossed him out...its call steak tartar you asshole!
Lying about small stuff: Even the most innocuous statements can reveal inconsistencies, Dittrich said. A suspect talk of watching a television show in his or her alibi statement, but the show didn't air that night. Lies about small stuff usually culminate in bigger evidence against the accused.
#1LTCH admits to lying, stealing passwords, "hacking" into my email and websites, but that's no big deal right?
Referring to a missing person in past-tense: Most people hold out hope that their missing loved one will be found alive. Referring to a person in past tense, saying "I really loved her" or "he and I were happily married,'' is incriminating, Dittrich said.
#1LTCH describes another "victim" oh but that person had never met me...
Saying ``huh?'' : When police ask a direct question, such as "Did you steal those items?" a guilty suspect will often pretend not to hear in order to stall and come up with a story, Dittrich said. Instead of answering a very direct question they say "huh?" or "what do you mean?" Dittrich said.
"You can't remember or describe having sex with LTC Pinkela?" asks Phil Cave Defense Attorney...#1LTCH replies on the stand "I don't know what you mean..."
Helpfully offering another explanation: a suspect will often try and mislead detectives by putting another suspicious person on the investigation's radar, Dittrich said. If a person denies a kidnapping but mentions a creepy man in a van, it's important to see if there's any other evidence of such a person existing. If there's not, chances are the suspect made up a story to deflect the blame. 
So #1LTCH admits to hacking into a website, under oath by the way at the Article 32 hearing, and HE then turns the altered "hacked" stuff over to the prosecution...( I shit you not...it's in the Record of Trial at the Article 32) 
Most criminals destroy themselves with their own statements. The ones who are acquitted (or get away with their lies) despite ample evidence are "sociopathic'' enough to convince themselves that the lies are reality, Dittricht told us...
#1LTCH was HIV+ long before ever meeting me (remember I only met this sociopath (thanks to US Marine Captain Adam Potter) - 2 times in my life and it was NEVER alone) and oh yeah what about the "John Doe" Phil Cave was talking to in Atlanta that was accused earlier by our sociopath #1LTCH for infecting him?  No pattern there, huh?  
"It's haunting because the people who get away are the ones deranged enough to believe their own lies,'' Dittrich said.

Monday, October 12, 2015

LTC Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness

Newsfeed : Soldier Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness



Not a day goes by without feeling the effects of this case...

What the US Army and my accuser did to my family and I, including Elliot Henney, is beyond disgusting...

The HATE FEAR and IGNORANCE shown by the actions of the prosecution and a military judge...charged with the good order and conduct of the Army, has done more damage then anything they accused me of.

To take an innocent man to jail without an investigation, no evidence medial or physical of ANY crime, is a blemish on the Army and the Nation.

I have NOTHING to hide...

I will go to my grave never wavering of my innocence

There is NO HE said HE said...there is ONLY the TRUTH...

My accuser is a liar and under oath admitted to lying, stealing and hacking into personal emails and websites...

He has previously accused a man of actually infecting him 2 years prior...

My attorney's spoke to "John Doe" but after charges were preferred against me, he became fearful for his own life and cut off all communication...

My accuser actually lists 12 pages of random anonymous sex on his CDC form...before the false allegation date of 28 December 2008 and after....

My accuser is documented to have gone to a sex party, used crystal meth and not disclosing his HIV status to the people at this party, all the very night he took the stand and told his LIES at my court martial...

THE ARMY has chosen to ignore all of this...

A polygraph...phylogenetic testing, physical witnesses ALL DENIED

ALL from the prejudice of HIV...

The summer of Don't Ask Don't Tell was to be repealed...the US Army gives my accuser immunity to testify against me... what what?  Why would the alleged "victim" of a crime need immunity to testify????

A clinical psychologist reviewed my accusers medical records and immediately said "he is a text book sociopath"

BLAME BLAME BLAME others for their own actions...

My accuser was without a doubt already HIV+ before ever being introduced to me to be a mentor and help him get ready to deploy to Iraq...

Never alone with him...only physically met him twice in my life...my family in the same house and some how via magic without any means likely I "expose" him to HIV???

It just boggles my mind...

HOW can an organization to which I gave my LIFE in service to my Nation ALLOW the bigots at the Military District of Washington SJA office to even entertain and prosecute an officer based solely on an allegation without ANY evidence whatsoever...!!!  ???

I will NOT stop in screaming and talking...

SOMEONE has to have the courage to ACT and FIX this tragedy...

PLEASE PASS THIS STORY ON...

CALL YOUR MEMBERS of CONGRESS

SEND Letters to the Secretary of the Army...to the President...

We as a Nation, and as an Army, deserve to have the TRUTH and PROTECTIONS of the LAW not to be victims of hate and fear...

Tuesday, September 29, 2015

Article 73 - Petition for Retrial ... the TRUTH can't be restrained!

Secretary McHugh, Secretary Fanning and LTG Darpino,


"At anytime within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court.  If the accused's case is pending before a Court of Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action.  Otherwise the Judge Advocate General shall act up on the petition."

It can't be any more clear and anyone who has served in the military knows that everything has an exception...the TRUTH should never have a timeline or restraint.

Fraud on the Court is universally accepted as follows:
Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court. Fraud upon the court makes void the orders and judgments of that court.
In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

The actions taken by US Army personnel named by the primary witness in US V Pinkela, did in fact restrict and wrongfully influence COL Michael Hargis, while sitting as judge alone, to not perform the impartial functions of the court.

Not only are the actions of the Us Army prosecution legally insufficient, but with a thorough legal review, under Article 73, your office will find that the case is factually insufficient and deserving of a review and complete dismissal.

I submit the public letter signed by Elliott Scott Henney as grounds for your direct intervention and professional legal review of the entire case proceedings of US v Pinkela as documented in the Record of Trial and all Defense appellate briefs to date.

Primary Witness calls for Article 73 Review and Dismissal