Saturday, August 23, 2014

Example of some success - A new trial gained

A new trial gained



I share this with the hopes for my own appeal.

Here the Appellate court recognized that the judge allowed evidence that was inadmissible



In my case, the judge denied evidence that was and should have been admissible.



UCMJ seems to be its own worse enemy and all at the expense of the servicemember and their families.

Tuesday, August 12, 2014

Will UCMJ evolve and join the 21st century regarding HIV servicemembers?

CAAF to hear HIV appeal

The US Court of Appeals for the Armed Forces (CAAF) will hear this case in the next few months - 
Will these 5 civilian judges, recognize the science and medical advancements of HIV?

"Really what this case is hoping to do is to get the Court of Appeals for the Armed Forces and every other military panel up to speed with what is going on with HIV today and to perhaps change those attitudes and mores," 

This case could very well lead to the end of HIV prosecutions in the US Armed Forces.

Different than the specific HIV statutes that exist in 32+ states in United States, the Uniform Code of Military Justice (UCMJ) does not have a specific HIV criminal article.
The U.S. Congress, which writes and authorizes the UCMJ, has never written a specific HIV related charge, but the services have continued to charge HIV "exposure" as an Aggravated Assault charge, as felony and sex offender registration related charge.

If Congress has not authorized the charge or any related language, then how can the services continue to charge and prosecute?

Regardless of any evidence at all, an allegation made by anyone in uniform can and normally is charged with a sex related assault.

The "normal" burden of proof and idea of criminal intent is literally ignored...Yes, ignored!

UCMJ has come under extreme scrutiny and rightfully so.

Rights afforded the accused have been taken away, rights to a full investigation do not exist rights to confront your accuser have been taken away...Rules of evidence have been erased...and it goes on and on...(my case being a prime example)

I, along with every volunteer to wear a uniform, swore an oath to "Support and Defend the Constitution..."   We gave up a "normal" life and gave our lives to defend our Country, and in doing so, I trusted my Army and Nation to protect me.

UCMJ is not justice - UCMJ has become a "political pinata" at the expense of the men and women who volunteer to serve their Nation.

I can only hope that the CAAF will recognize not just the science and medical advancements, but the Law surrounding HIV and put an end to this fear based, discriminating practise.

Thursday, August 7, 2014

The Repeal of Due Process on Campus

The Repeal of Due Process on Campus



Sexual violence of any kind is unacceptable..period



However,  the attack on the RIGHTS of the accused or the accuser is utterly disgusting...



Yes, I say disgusting because of the emotional  levels that surround the topic -  law makers "play"to the emotions at the expense of the very rights and guarantees of the legal process...and to me thats disgusting



It seems to many that right up front the "process" is broken.



Investigations are either not done or done very sloppy.



There is a clear lack of training and leadership to enforce the highest level of investigation standards and to have the courage to help keep the prosecution hounds at bay.



We all want justice...there are some very bad people out there, but just one innocent person going to jail is a blemish on the entire system.



I hope more people will pay attention to the big picture surround this issue.

Monday, July 28, 2014

Could this be a DOD story headline soon? HIV Discrimination in the Armed Forces

SANDF accused of HIV Discrimination

South Africa seems to be leading the way big time here.

The SANDF’s old health classification policy excluded people living with HIV from recruitment, external deployment and promotion in the military.

I have been using this as a guide to getting DOD to "wake up" and update our policies...
My own Army being the worse when it comes to blatant discrimination and malicious prosecution of soldiers.

HIV is a virus...it doesn't stop brave men and women from serving and contributing to the protection of the Nation.

The fear, stigma and prejudice against soldiers living with HIV is the real crime.

Wednesday, July 9, 2014

Comments and Recommendations for Reform of HIV Policies in the Military | The Center for HIV Law and Policy

CHLP Submits Comments and Recommendations for Reform of HIV Policies in the Military | The Center for HIV Law and Policy



"DOD is urged to include a clear and firm statement in the UCMJ that HIV cannot be used to trigger or support a charge for assault or aggravated assault; to rescind all “safe sex” orders limiting sexual activity for servicemembers living with HIV; and to issue universal sexual health guidance to all servicemembers regardless of HIV status."

Saturday, June 28, 2014

Students Fight Back Against False Allegations...As should we ALL

Students of False Allegations Fight Back...

"...there is a presumption of guilt put upon the accused.."


This single comment captures the entire issue

With regards to the US Military and the UCMJ...this politically charged feeding frenzy has not only diluted the plight of real victims, but it has caused an entire Legal Process to implode on itself

Innocent lives, families and communities are all suffering

Do real assaults happen - Sadly the answer is Yes and We all agree, but do people LIE and blame others for actions - Sadly the answer is also YES.

As always let me be very clear...


I have a ZERO TOLERANCE for any PROVEN assault of a man or woman...but...WE should ALL have a ZERO TOLERANCE for one innocent man or woman to be charged and jailed because a process did not investigate...because a commander didn't want to be questioned by a Member of Congress...because a young prosecutor is not capable of making an unbiased review of the case...

Our legal system says that there MUST BE PROOF...Beyond a Reasonable Doubt....

Then I (we) have the RIght to expect a full investigation of both parties...not just the accused...
Validate physical and Medical Facts...if any...

Investigate and Search the home of the allegation to invalidate the allegation...
DO what the Law requires and either validate a crime has occurred or DROP the CASE and Move on...

How much Money and Time is wasted by NOT doing your job to ensure that a crime has actually occurred? 

How many lives have been ruined by False Allegations?

And for the nay-sayers...Every report ever written says that False Allegations are REAL...I could care less about the actual number...

Just ONE False Allegation that leads to the conviction of an Innocent man or woman is one too many !!!

and YES - This could happen to you!!

Monday, June 23, 2014

Mandatory HIV Training for Prosecutors including ALL UCMJ officials

Mandatory HIV Training for ALL UCMJ Prosecutors

This should be a MANDATORY required block of instruction for all UCMJ SJA offices and representatives from the US ARMY JAG SCHOOL

Don't miss out on this opportunity