US: House Appropriations Committee passes amendment that would fund review of HIV-specific criminal laws
This is critical legislation for anyone HIV+ serving their country in the Armed Forces and their friends/families and neighbors.
It directs a review of all recent HIV prosecution cases under UCMJ.
There is no HIV specific UCMJ article, but yet I was charged with assault and my HIV status was the charged aggravation.
There was no completed investigation. There was no assault. There was no physical contact.
There were witnesses that testified that it was impossible that it could have occurred.
So how was I charged with "exposing" a person to HIV?
Anyone who has read my record of trial has been disgusted at the Army and the military judge for allowing this to happen.
26 years of sacrifice and everything is in gone. Everything...
PLEASE read the law and Contact your Members of Congress to ensure that I get the fair review that I deserve.
UCMJ is broken.
Thursday, August 22, 2013
Wednesday, August 21, 2013
H.R. 1843: REPEAL HIV Discrimination Act of 2013
http://www.govtrack.us/congress/bills/113/hr1843/text
I offer this as a source of education with the hope that you will take time to read and support the passage of this law.
Having HIV is not a crime...but the virus is still being singled out as a source of fear and discrimination...Families and careers are being destroyed.
HIV is not a death sentence...it is, by definition, a chronic manageable disease.
Just because I am HIV positive...the Army I served for 26 years chose to press charges against me for "exposure" not infecting a person, but some how exposing a person.
IF I was HIV negative there was no crime. I did not touch this person and have the facts to prove it.
This person is on record for lying to criminal prosecutors, lying to criminal investigators, stealing passwords from my home, "hacking" into a website and email account and falsifying federal documents...All of this is under oath at the Article 32 hearing.
Yet ALL of this and physical and medical FACTS were denied and dismissed by a sitting military judge.
WHY? WHy would the "gate keeper" of justice deny and dismiss evidence? WHy would a prosecutor chose to pursue the case?
The environment of sexual assault allegations in the military has given birth to this sad state of perceived justice in our military.
I will NOT stop telling my story. My family and I have nothing to hide.
I want my life back and the ability to take care of my family into the future.
I am the victim.
The Repeal Act is one step to help bring a directed legal review of WHY and HOW the US Army chose to prosecute me.
PLEASE ask your Members of Congress to support H.R. 1843.
I offer this as a source of education with the hope that you will take time to read and support the passage of this law.
Having HIV is not a crime...but the virus is still being singled out as a source of fear and discrimination...Families and careers are being destroyed.
HIV is not a death sentence...it is, by definition, a chronic manageable disease.
Just because I am HIV positive...the Army I served for 26 years chose to press charges against me for "exposure" not infecting a person, but some how exposing a person.
IF I was HIV negative there was no crime. I did not touch this person and have the facts to prove it.
This person is on record for lying to criminal prosecutors, lying to criminal investigators, stealing passwords from my home, "hacking" into a website and email account and falsifying federal documents...All of this is under oath at the Article 32 hearing.
Yet ALL of this and physical and medical FACTS were denied and dismissed by a sitting military judge.
WHY? WHy would the "gate keeper" of justice deny and dismiss evidence? WHy would a prosecutor chose to pursue the case?
The environment of sexual assault allegations in the military has given birth to this sad state of perceived justice in our military.
I will NOT stop telling my story. My family and I have nothing to hide.
I want my life back and the ability to take care of my family into the future.
I am the victim.
The Repeal Act is one step to help bring a directed legal review of WHY and HOW the US Army chose to prosecute me.
PLEASE ask your Members of Congress to support H.R. 1843.
Tuesday, August 20, 2013
Monday, August 19, 2013
Accused often guilty until proven innocent | The State Press - An independent daily serving Arizona State University
Accused often guilty until proven innocent | The State Press - An independent daily serving Arizona State University
Until it happens to you, or someone you know, you need to know that it can happen to you.
The UCMJ legal system is a Guilty until you prove you are innocent system.
Many will argue this comment, but we have drifted to a rule of law that has become lazy.
THe law is supposed to have the "burden" of proof, but the accused now has the burden of innocence.
Until it happens to you, or someone you know, you need to know that it can happen to you.
The UCMJ legal system is a Guilty until you prove you are innocent system.
Many will argue this comment, but we have drifted to a rule of law that has become lazy.
THe law is supposed to have the "burden" of proof, but the accused now has the burden of innocence.
Saturday, August 17, 2013
An Assault On Justice
http://www.theforensicexaminer.com/archive/spring09/15/
I will continue to say that it is not my intent to focus solely on women or insult anyone who has been the true victim of a proven assault.
My heart goes out to you with all the compassion possible, but I will never stop telling my story and the FACT that I am the victim of a false allegation and will argue that I suffer a deeper, never ending assault every single day of my life.
Can you possibly put yourself in my shoes and know what it feels like to be accused, tried and convicted of an allegation that did NOT happen? Facts were presented and facts were denied by the very process that is there to PROTECT the LAW.
26 years of service and sacrifice to my country and its gone.
I have nothing...
Please to anyone on the fence about the fact that people would LIE about an assault...They are REAL.
"In the EndAlthough it may not be "politically correct" to question the veracity of a women's (persons) complaint of rape, failing to consider the accuser may be intentionally lying effectively eradicates the presumption of innocence. This Constitutional right is especially significant when dealing with allegations of rape as in most jurisdictions, sex offenses are the only crimes that do not require corroborating evidence for conviction. Because there are often no witnesses and no physical evidence (especially if the victim delays in filing a report), the case may come down to the credibility of the accused versus the credibility of the accuser.
There is a fine line between supporting victims and protecting the rights of the accused. Yet, considering the unique challenges of trying and defending rape (assault) cases combined with the potential costs to the falsely accused, being able to assess the credibility of the alleged victim takes on special importance. Inconsistencies in the accuser's complaint should be confronted gently and respectfully, with awareness of the fact that true victims may distort or even lie out of embarrassment or shame."
As you read this article, all you have to do is replace any reference to women and include men...
I will continue to say that it is not my intent to focus solely on women or insult anyone who has been the true victim of a proven assault.
My heart goes out to you with all the compassion possible, but I will never stop telling my story and the FACT that I am the victim of a false allegation and will argue that I suffer a deeper, never ending assault every single day of my life.
Can you possibly put yourself in my shoes and know what it feels like to be accused, tried and convicted of an allegation that did NOT happen? Facts were presented and facts were denied by the very process that is there to PROTECT the LAW.
26 years of service and sacrifice to my country and its gone.
I have nothing...
Please to anyone on the fence about the fact that people would LIE about an assault...They are REAL.
"In the EndAlthough it may not be "politically correct" to question the veracity of a women's (persons) complaint of rape, failing to consider the accuser may be intentionally lying effectively eradicates the presumption of innocence. This Constitutional right is especially significant when dealing with allegations of rape as in most jurisdictions, sex offenses are the only crimes that do not require corroborating evidence for conviction. Because there are often no witnesses and no physical evidence (especially if the victim delays in filing a report), the case may come down to the credibility of the accused versus the credibility of the accuser.
There is a fine line between supporting victims and protecting the rights of the accused. Yet, considering the unique challenges of trying and defending rape (assault) cases combined with the potential costs to the falsely accused, being able to assess the credibility of the alleged victim takes on special importance. Inconsistencies in the accuser's complaint should be confronted gently and respectfully, with awareness of the fact that true victims may distort or even lie out of embarrassment or shame."
As you read this article, all you have to do is replace any reference to women and include men...
Friday, August 16, 2013
Sunday, August 11, 2013
If we are about the truth then Why isn't prior sexual history admissible?
Is a complaining witnesses prior sexual history admissible? Why not?
If there is an allegation, why wouldn't we want all evidence to be presented?
Especially if the Facts are directly related to the allegation.
If you were the subject of a False Allegation I can guarantee that you would want ALL the evidence presented, but it doesn't work like that under the Uniform Code of Military Justice (Injustice)
If an allegation is TRUE then there should be nothing to hide. Right?
If an assault occurred then the proof and evidence will bring out the truth.
But...when there is NO proof...No Facts physical or medical...just a story ( a he said he said ) story almost 5 years after an alleged date...and there is PROOF...physical facts and evidence that the complaining witness was having admitted and documented risky sex (To Numerous to Count) and you are charge with "exposure" not infecting anyone...then ALL EVIDENCE should be allowed.
How could any rational person disagree with this?
If there is an allegation, why wouldn't we want all evidence to be presented?
Especially if the Facts are directly related to the allegation.
If you were the subject of a False Allegation I can guarantee that you would want ALL the evidence presented, but it doesn't work like that under the Uniform Code of Military Justice (Injustice)
If an allegation is TRUE then there should be nothing to hide. Right?
If an assault occurred then the proof and evidence will bring out the truth.
But...when there is NO proof...No Facts physical or medical...just a story ( a he said he said ) story almost 5 years after an alleged date...and there is PROOF...physical facts and evidence that the complaining witness was having admitted and documented risky sex (To Numerous to Count) and you are charge with "exposure" not infecting anyone...then ALL EVIDENCE should be allowed.
How could any rational person disagree with this?
Rape, politics and military injustice
We also forget that a great many of the victims are male.
Also missing are the numbers of female perpetrators. And of course with the expanded definitions of what constitutes a sexual assault, and the incidence of false allegations, what is the actual number?
http://www.avoiceformen.com/mens-rights/rape-politics-and-military-injustice/
Lieutenant Colonel Kenneth A. R. Pinkela of the United States Army before the Presidential Advisory Council on HIV/AIDS (PACHA) on Monday, April 22, 2013
http://www.poz.com/articles/kenneth_pinkela_2676_23889.shtml
On 22 April, 2013 I stood before the Presidential Advisory Council on HIV/AIDS and made the first of many open and public comments on my case.
I've received wonderful support, and yes sadly a few very mean and disgusting comments. Friends, family and mentors prepared me for those comments, but they still hurt.
I know one thing and that is the TRUTH.
I did not touch the complaining witness in any way, form or fashion.
My family was in the house and testified that it was IMPOSSIBLE
There was no investigation done of my home, the facts or even my medical status.
All the US Army prosecution had was a story from a admitted LIAR (under oath) at the Article 32 hearing...thats it...NO Facts...No Evidence...Nothing but a story...and a story that changed at least 4 times on record.
I volunteered for a polygraph and was denied
I volunteered for DNA testing and was denied
I waited almost 4 years until the depression and anxiety was so overwhelming that I reached out to GEN Martin Dempsey, Chairman of the Joint Chiefs of Staff directly with permission of my 2-star supervisor for help.
I received NONE.
The Command Climate of fear for any sexual assault related allegation...and I mean ANY allegation, is tearing apart the very fabric of "the good order and conduct" that a Commander is charged with upholding.
No Facts were presented to MG Linnington, the Commander of the Military District of Washington.
Not even a completed investigation.
His own JAG officer, did not present him with the facts that the accuser admited to 4 FEDERAL felonies at the Article 32 hearing...Stealing passwords from my home, "hacking" into a website and yahoo email account, lying to Federal investigators, lying to the prosecution and presenting fasle information. None of this was presented. Why?
Why wouldn't the very people who we have entrusted with enforcing the law act in such a manner?
My record of trial stands on its own.
Anyone, and everyone, who has read the record of trial has been disgusted and comes away in complete disbelief that this could happen in our country and in our Armed Forces.
I simply want my life back.
I miss my Army, the Army I joined 26 years ago. My life and sacrifice to my country and the comrades and friends I have made over the years.
My entire family, friends, neighbors and community have been hurt and continue to be hurt every single day this continues.
I will not go quietly, but I will always go professionally.
I AM INNOCENT and they know it...
On 22 April, 2013 I stood before the Presidential Advisory Council on HIV/AIDS and made the first of many open and public comments on my case.
I've received wonderful support, and yes sadly a few very mean and disgusting comments. Friends, family and mentors prepared me for those comments, but they still hurt.
I know one thing and that is the TRUTH.
I did not touch the complaining witness in any way, form or fashion.
My family was in the house and testified that it was IMPOSSIBLE
There was no investigation done of my home, the facts or even my medical status.
All the US Army prosecution had was a story from a admitted LIAR (under oath) at the Article 32 hearing...thats it...NO Facts...No Evidence...Nothing but a story...and a story that changed at least 4 times on record.
I volunteered for a polygraph and was denied
I volunteered for DNA testing and was denied
I waited almost 4 years until the depression and anxiety was so overwhelming that I reached out to GEN Martin Dempsey, Chairman of the Joint Chiefs of Staff directly with permission of my 2-star supervisor for help.
I received NONE.
The Command Climate of fear for any sexual assault related allegation...and I mean ANY allegation, is tearing apart the very fabric of "the good order and conduct" that a Commander is charged with upholding.
No Facts were presented to MG Linnington, the Commander of the Military District of Washington.
Not even a completed investigation.
His own JAG officer, did not present him with the facts that the accuser admited to 4 FEDERAL felonies at the Article 32 hearing...Stealing passwords from my home, "hacking" into a website and yahoo email account, lying to Federal investigators, lying to the prosecution and presenting fasle information. None of this was presented. Why?
Why wouldn't the very people who we have entrusted with enforcing the law act in such a manner?
My record of trial stands on its own.
Anyone, and everyone, who has read the record of trial has been disgusted and comes away in complete disbelief that this could happen in our country and in our Armed Forces.
I simply want my life back.
I miss my Army, the Army I joined 26 years ago. My life and sacrifice to my country and the comrades and friends I have made over the years.
My entire family, friends, neighbors and community have been hurt and continue to be hurt every single day this continues.
I will not go quietly, but I will always go professionally.
I AM INNOCENT and they know it...
HIV Criminalization: What you Need to Know
Understand the Issue... HIV is NOT a crime, the wrongful prosecution and discrimination is!
False Rape Accusations May Be More Common Than Thought by Wendy McElroy
False Rape Accusations May Be More Common Than Thought by Wendy McElroy
Well written and accurate...why wouldnt law enforcement want to ensure a fair and thorough investigation?
It happens all to often. Lives and families are being destroyed by liars and biased police and attorneys...
Thank you Wendy
It happens all to often. Lives and families are being destroyed by liars and biased police and attorneys...
Thank you Wendy
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