Another discussion about false allegations and why people lie...We all know this happens

http://www.hngnews.com/sun_prairie_star/news/regional/article_32c3ec54-56a6-11e3-92ca-0019bb30f31a.html

“You have these people that would do anything to save their own hide,” he says. “You can understand why they would provide false information.”

We all know people LIE, so why is it so hard to believe that a man or a woman would lie about an assault to protect themselves?

The FBI has an entire Branch that studies why people lie about criminal acts...Universtities have entire programs dedicated to Psychological Forensics.

My frustration is growing with the radicals that refuse to even acknowledge the False Allegations are real.  They constantly point to bogus charts that supposedly show how "rare" it is...

Well here is my challenge to them...If you care about TRUTH and JUSTICE so much, then just one single event of a false allegation putting an Innocent man or woman in prison and ruining their lives should drive you crazy with anger...

We cant tolerate a mistake to happen...If you would at least join the campaign to ensure that our legal processes conduct Fair and Thorough investigations...yes questioning BOTH sides equally to ensure that a crime occurred then we will truly help and protect everyone...

For those of us who have lived this nightmare...Lost everything...been labled as a violent sex offender with ZERO evidence, no investigation and Facts denied...then and only then can you understand why WE will never stop talking about this "rare" occurrence.

Walk in my shoes...Live what my family goes through every single day.  Then come talk to me!

War on Sexual Assault now attacks the Constitution

Article 32 Process may go away

WE cannot allow this to happen...

We all agree that there is a serious problem with UCMJ and particularly with how the Armed Forces handle, and fail to handle Sexual Assault, but none of us can afford or allow our rights to be taken away.

Please forgo your emotional response and READ how this will happen.

The Constitution guarantees the right to a "grand jury" process to review and question both accused and accuser...all in the process that the Founding Father's knew MUST be in place to ensure equal Justice.

As emotional and painful as the process of questioning a complaining witness may be, it is necessary for ALL involved to be sure we have evidence of a crime.  My heart goes out to any true victim of an assault, but you MUST agree that it is a necessary part of the process.

If just one individual is prosecuted due to false allegations then we are ALL guilty, and it has happened!!!

No one individuals rights are more precious than anothers...We MUST ensure that EVERYONE is protected and allowed equal protection under the Law.

TO my Brothers and Sisters who wear the uniform and have worn the uniform...We all swore to Defend the Constitution...Not a political party...not an individual...but the RIGHTS guaranteed to us all by the spirit of the words on that precious document.

I beg you all to READ and UNDERSTAND whats at stake.

We owe it to each other and to our future.

Bring in the Civilians! Civilianize the entire JAG Corps...Why not?

DOD Budget stalls over Sexual Assault

The entire DOD Budget, known as the National Defense Authorization Act or NDAA, is now stalled over amendments...one of which is my NY Senator Kirsten Gillibrand's "Military Justice Improvement Act.

Guess what...its because her amendment "sucks" !!  I'm tired of being ignored by her and her myopic extreme feminist point of view.  Not only does it not fix the problem it takes away the ability for a fair appeal under the law.

I have been vocal and as public as possible about supporting her "intent" but she refuses to pull her head out of the hole and see the STRATEGIC ISSUE...UCMJ is BROKEN.

My record of trial...not my emotionally compromised opinion...proves that the system is utterly broken.

No Investigation was conducted outside of a cubicle
No Evidence of any kind - medical or physical that an assault took place
A complaining witness under oath admits to stealing passwords, hacking into email accounts, lying to investigators and lying to the prosecution
Physical witnesses are called liars by the Military Judge
Evidence is denied by the Military Judge

These are facts from an official record of trial

Sexual Assault is just one of the many issue under UCMJ that has destroyed lives of men and women because of its failures and flaws.

I will say it again...I have ZERO TOLERANCE for any proven assault against any service member, but here in lies the rub..."PROVEN"

WE can all agree that under our Rule of Law, especially for what we all call "serious crimes" (rape, murder, assault, etc...) that we conduct a THOROUGH and FAIR investigation to ensure and VALIDATE that a CRIME did in fact take place before we throw people into court.

The Armed Forces cant get it right. 

SO its 2013, lets put civilian oversight into the application of the law.  Why not?

The Commander will still be in place, but he or she will be under serious scrutiny to do the right thing, but take the lawyers out of uniform.  Take them out of the Evaluation system...Take them out of any relationship with the commander other than as advisor.

The presence of Rank and a uniform "muddies the waters" in each and every situation NOT on the battle field.

Lets meet half way with SEN MacCaskill and hold the Commander responsible.

HIV-disclosure law sparks unique legal battle in Florida - Florida - MiamiHerald.com

HIV-disclosure law sparks unique legal battle in Florida - Florida - MiamiHerald.com

I think this is going to really start a legal dialog not just about recognizing same sex realtions, but the HIV discussion

The barbaric laws criminalizing HIV as a weapon and the cowards in the US Army who charged me with "exposure" NOT infection, but some vague undefined use of the word exposure...

Mind you, in my case the sociopath, complaining witness, NEVER even says that we had sex...never once did he say I penetrated him...so HOW did I expose him to HIV?

His story changed 4 times under oath and he admitted to lying, stealing and hacking into my email

So as I have asked before, How did a military judge, a person who is supposed to be the "Gate Keeper" of justice say the word guilty?

This case I hope can be a sign that our legal system is going to start to look at itself...how the allow words to be used and misapplied in order to promote stigma and fear rather than Truth and Justice.

This is Ken Pinkela - Public Comments 6 June 2013 to the Secretary of the Army Clemency Board Hearing

I can never thank Gene enough for his love and support as my best friend, neighbor and brother.

Public testimony to the Secretary of the Army Clemency Board on 6 June 2013 - 

"My name is Myles K.,  most often referred to as “Gene”.    I am very much honored to speak on behalf of Lt Colonel Kenneth Pinkela, his friends and his entire family.  I have known Ken for nearly 20 years as a friend, a neighbor and most importantly as extended members of each other’s families.   Today , my comments are supported by an innumerable amount of people who have written letters on his behalf, including our former President,  Jimmy Carter who having personally known Ken and his family was quick to write  a letter of support to General Linnington to bring attention to Ken’s circumstances.

Before going any further, I understand the purpose of this board.  I understand that its purpose is not to retry the case or argue the verdict.   However, I also know that the board is unfamiliar with Ken’s life prior to the court case, including the circumstances of investigation which led up to this verdict.

The first thing that I implore the board to understand is that to this day there still remains a painful stigma associated with being and HIV+.   After, Ken’s diagnosis, I very quickly realized that, despite being an open minded and well educated individual, I had to abandon a prejudice that I did not know I held.  So for those of who might possibly hold that same prejudice, let me state this clearly.  Ken’s HIV+ conversion was well documented as resulting from a Good Samaritan Act.  Ken came to the assistance of  an injured and profusely bleeding individual after a diving accident in Hawaii.  Ken’s diagnosis was not attributed to unprotected sex or wreckless promiscuity. ( PAUSE) Please allow that to sink in for a moment, because it speaks volumes to Kens character and integrity, not only in how he became HIV+ but how it demonstrates his willingness to come to the aid of a person in dire need, despite the risk to his own well being.

I am not surprised at Ken’s act of bravery when it came to rendering assistance.  If you were to know Ken, as I do, you would know that he has a clear and passionate understanding between right and wrong.  On three separate occasions I personally witnessed this.  On one occasion, a woman screamed for help in the Pentagon City Mall, she had just been robbed by a sizable individual at a cash machine.  Ken helped to tackle the individual until he was subdued and then stayed with woman calming her until the police arrived.  Like most others that day, he could have just stood, watched and hoped for the best, but he didn’t, he jumped into action.

On another occasion on Connecticut Avenue, we witnessed an individual throw a brick through a car window and steal a gym bag.  Again, Ken tackled the robber and although he got away, Ken was able to retrieve the belongings and waited for the police to arrive as well as the owner of the car to return the belongings to him.   Finally in his most heroic act, I witnessed Ken, barefoot, chase down a drunk driver who after crashing his jeep into multiple cars and also destroying personal property, attempted to flee the scene.  

This is the Ken Pinkela, that his neighbors, his family and his loved one’s all know and have supported through this most difficult time.  You would be extremely hard pressed to find just one individual who knowing Ken with any level of intimacy, would believe the verdict that has been rendered against him, nor would they believe that he deserves a dismissal from the army.

Now, let me speak to what I witnessed and again, I know I speak with confidence for his family and his friends.  From the day Ken was first diagnosed, I saw a man who was initially devastated by the news, which is very easily understood, but what I saw more importantly is a man who accepted his HIV + status, and instantly became a vocal and unrelenting advocate for people with HIV.  Ken embraced counseling with a passion, he routinely reached out to others who were HIV+ and having learned the various modes of transmission, coached others to protect themselves and to “not take chances”.

 He did this because he did not want others to go through the shock that he had to endure.  When Ken could have become a silent victim of his HIV+ status, he instead stood up bravely and publicly acknowledged his status and gave it a “face”.  He did so selflessly, openly and honestly.   Having witnessed this personally,  I am at an absolute loss as to how a court or an individual can find that he would deliberately with hold this information from another and act with any malice that could put another person at risk.  I witnessed when Ken refused to let another individual put a band aid on a wound he received in his front yard.  Despite understanding that the simple act of placing a Band-Aid on a cut finger would not cause transmission of HIV, he simply didn’t want to take the risk.   I cannot imagine that same man willfully engaging in unprotected sex.

Again, please remember that I have the benefit of knowing Ken.  Being his neighbor I have been in his home many times.   While I can’t use this board to debate the specifics of the court case, I can inform the board of information prior to the trial.  There was no attempt by the Army’s criminal investigation unit to protect Ken’s rights, by surveying the scene where the incident was supposed to have occurred.  They did not visit the home. They did not walk into the bathroom and find that there is more than ten feet of slippery marble flooring where it would be impossible to assault an Army Ranger in the shower, subdue him and drag him across that floor.   They also did not notice that there are no less than three possible exits from the room where he was accused of forcing himself upon this trained Army Ranger.   They did not raise a red flag or pursue charges against an accuser who openly admitted under Oath  to having hacked into Ken’s email account and the account shared by both he and his wife.  They did not pursue charges against the accuser who again, under Oath admitted to lying to both the Criminal Investigation Division and the trial counsel.  

At this point, I would simply ask each member of the Board to remember the term TNTC.   It stands for Too Numerous To Count.  (PAUSE)

I was with Ken, when he received a text message one evening, which basically threatened him and blackmailed him.  At first Ken, thought the whole thing was a joke in very poor taste, but as the texts continued, he realized that there was something very wrong.  He sought my counsel in a venting style and I remember him saying,  “Oh my God, this kid is really twisted he’s trying to black mail me, followed by, “I need to get in touch with my boss tonight." I cautioned Ken, to take a deep breathe and to wait until morning, in case this was some form of a prank. Having known Ken,  I honestly thought that someone was just pulling his leg and went overboard in playing a mean spirited game.   The very next day, Ken in the front yard Ken told me he was on his way to see his boss.  Not understanding the Army, I asked him to wait a day and get a clear head, but he insisted that it was not something he could wait on.  That’s the Ken I know, the Ken who follows the rules even when inconvenient or painful or in this case a source of humiliation.

So,  I remain in the unenviable position of trying to demonstrate to all of you,  that Ken Pinkela is a man worthy of Clemency , a man who  should not be dismissed from the military and a man who should be allowed to retire after almost 26 years.  He deserves to be treated with the same the same integrity that he demonstrated while in the Army.   I am trying to demonstrate to all of you,  that a lifetime of achievement in the Army has been undermined and jeopardized by one individual whose motivation I will never understand.   And it’s simply not easy.   So I need to ask you to remember a time, where out of the blue, you were accused of something you didn’t do.  How did you prove something DIDN’T happen?  I need to appeal to your sense of  compassion and fairness.  This trial was described by the press as a case where it was “He said – He said” and in many ways that is true.  It was a trial that without any physical evidence came down to who was more convincing, not necessarily truthful, but “convincing.”    I need you to ask yourself, are you sure that the next person who visits your home wont  you of a crime many months later?  I am not sure of this any longer, and neither are people who have witnessed what has happened to Ken’s life. 

Would you know if the next person to enter your home, had a medical history, or CDC report that stated, “Too numerous To Count” in regards to the number of sexual partners with whom he or she had unprotected sex??  Ken certainly didn’t know before he let the accuser into his home, and now he is an anguished man, desperately trying to hold on to what little he has left-- His dignity and his retirement.  Please remember, that if Ken is dismissed from the military, he loses his medical benefits, he loses access to medicines that will keep him alive.  He has very little chance of obtaining those benefits in the private sector, because since he is considered a sex offender, he is likely unemployable.  In addition to his health, Ken will lose his home and every single thing he has worked hard to achieve in his life.  He will in fact become a burden on the society that he fought to protect in the theater of war.

I have heard that it is often customary for an individual convicted of a crime, to acknowledge guilt as an expectation of their parole hearing.  I am not sure whether that is a valid statement, but on behalf of all of the people who I represent here today,  his family, friends and, we all support Ken in his refusal to dishonor himself and admit guilt to a vile act that he did not commit.  While Ken clearly entered the Army as a person of integrity, he wholeheartedly embraced the concept of Honor, and it is because of that Honor, not arrogance, that he cannot humble himself to take the easy way out.  He has always held fast to his convictions.

I ask all of you to consider what I have said, to consider Kens record before and after this event, including his stellar behavior and performance while in prison.  I ask you to recommend clemency and to prevent his dismissal from the military."

  

Pede appointed Army Court of Criminal Appeals chief judge - Hope?

Pede appointed Army Court of Criminal Appeals chief judge - Belvoir Eagle: News

This may not mean much to many of you, but tho those of us harmed by the very US ARMY that we gave our lives to and the broken process of UCMJ - will this appointment bring any new leadership and hope to the falsely accused and wrongfully prosecuted?

Its true that the Chief Judge is just one of many...the individual associate judges bring their personalities to the bench...We can at least "HOPE" that there is an adult conversation and active leadership is guiding the direction the bench should go in their responsibility to protect the "Good order and Conduct of the US ARMY and the Rights of the Accused"

If I could say one thing to the new Chief - "Sir, I had a reasonable expectation that a fair and thorough investigation would have taken place, and that, the Trial Judge in my case would have allowed ALL evidence to be presented to allow for a full and fair defense...that did NOT happen."
As the gate keeper of Justice, I can only hope and pray that you will LEAD from your position and bring the fairness and balance of the LAW to our Army.
The process is broken Sir and the process to fix it begins with you admitting to the failures and Leading change.

My family and I  along with so many others are living with Hope and Prayers that we will get the Justice that we deserve.

LTC KENNETH PINKELA