PLEASE HELP get my case in front of Sec Army John McHugh

Review LTC Pinkela's case and Dismiss ALL charges

Please Help my family and me get my case in front of Secretary of the Army John McHugh.

My case is greater than just me...My case represents the greater flaws of the Uniform Code of Military Justice.

A guilty man does not volunteer for a polygraph or DNA phylogenetic testing to help assist the command...

A guilty man does not serve his Nation for 26+ years and some how magically assault an Army Lieutenant in his home with his family present.

A guilty man does not welcome scrutiny into his life or the case against him.

Let me be very clear (again)...

I have ZERO TOLERANCE for any type of sexual assault, but I have LESS tolerance for a system that doesn't have the integrity to conduct a thorough investigation to determine if a crime of any kind occurred.

I agree that False Allegations may be "rare" but they do in fact happen!  People LIE why is it so hard to add that to the discussion?

My case represents the "other side" of the failures on the US Armed Forces and how they handle allegations of a sexual nature.

Don't get fixated on 3 letters - HIV

I am asking you to be fixated and to demand - JUSTICE - the pursuit of the TRUTH.

I did NOT touch 1LT CH

It was IMPOSSIBLE...there were witnesses!

He admitted to lying to prosecutors, hacking into my email and a website and then providing the altered information to ARMY CID...

ARMY CID did NOT confirm its authenticity like any other professional organization would have...they chose the easy way out...

I did NOT harm the Good Order and Conduct of my Army...YES "MY" ARMY...An Army i still LOVE to this day for what it stands for and will fight not only for my career and life, but will fight to save the Army's integrity...

A few bad people in positions of authority are doing more damage to the Army then could ever be construed about the false allegations againt me.

PLEASE...I need your Help...

I am Innocent and deserve the RIGHT to prove it

US v Gutierrez audio file

CAAF Audio in Gutierrez

Oral arguments are done...

Lets pray "they" heard the truth about HIV...and apply common sense

HIV science and medicine has evolved...
RISK needs to be "weighed" differently...
Exposure does not mean death is "likely"

If you are not charged with acutally infecting a person with criminal intent, just as any other defined "assault" then STOP automatically putting anyone with HIV in the "box" as a weapon!

We must STOP this legally defined fear and stigma about HIV.

Grateful even if ...

Even, in the wake of such a tragedy, having a few very evil, hateful people in the ranks take everything away from me...my career, my retirement, my access to medical care, even my ability to future employment...

I can honestly say I am grateful

I would not be alive if it were not for my family, friends, neighbors and the co-workers that believe in me.

Even after learning that some of the younger officer's and a single civilian employee, who went as far as to go to Bethesda Naval Medical Center and find out my private medical information and then take that information and try to hurt me in the office...she said terrible things about me...

They can't take away the dedication I had for all of them...I am still grateful.

I know those comments were based on fear, ignorance and prejudice surrounding 3 letters...HIV.

I could NEVER hurt a soul...and I know as all of you reflect...I did everything to keep my personal life separate and out of the drama of our close-knit Army office.

I love "my" Army and my work as an Infantry officer and Strategic Force Management officer.  I tried to teach and do the right thing all the time for every single soldier in the force and my co-workers...I had the privilege of serving with some of America's best...

I am grateful for the amazing FA50 Force Management mentors and friends I made over the years and I hope they will always know how thankful I am for them and all that they taught me.

Recently, and yet again, I have seen just how broken the UCMJ process truly is...

Without an investigation, without ANY evidence...
My accuser CH admitted to lying, stealing passwords, hacking into a personal website and yahoo account, false information to the Army prosecution and to CID...ALL UNDER OATH at the Article 32 hearing...

We now even have testimony that my accuser, CH, went to a sex party, used crystal meth and never told anyone his HIV status...then less than 12 hours later he testified against me...

My family and I opened our home to you CH.
WE welcomed you into our home without any judgment...and you have ruined our lives with your personal choices and lies.

WHY?  Why would you do this?

We found John Doe in Atlanta that you even accused of "infecting" you with HIV....again blaming others for your personal choices, but WHY ME?

I did NOTHING to you...

I listened on the phone when you complained about your company commander...

I listened on the phone when you were afraid of deploying to Iraq...

I did NOTHING but try to be an ear and voice of hope and comfort...

I DID NOT HURT YOU
I DID NOT "EXPOSE" YOU TO HIV...

The primary witness, "used" against me...has now come forward and wants to help overturn the courts martial against me...
Uniformed JAG officer's threatened and lied to him...all to save their career's and give a perception that they handled a sexual assault allegation and save inquiries from Capitol Hill...
This young man, EH, is a victim of this broken process just as I am ...

EH, my family and I, are here for you...We want to help you do the right thing and help clear both your name and mine...

I pray everyday that you will follow through on your offer to do everything possible to fix this...

Even now, a panel of 3 military judges, shrugged their responsibility and ignored, 3000 pages of FACTS and EVIDENCE denied at trial...
They ignored my families testimony, as the physical witness in the home that it was IMPOSSIBLE to have anything CH said occur...
They chose to ignore ALL science and Medical evidence which PROVED there was NO MEANS LIKELY to expose CH to HIV.
They chose to point to a yahoo chat log, which CH admitted under oath to hacking as the "proof of a sexual contact...

The Army Appellate panel took the easy and cowards way out...You should be ashamed for wearing the Army uniform.

There is NO way, if you read the clemency packet, record of trial, defense appellate brief and ALL of the evidence, that you could remotely find grounds to affirm my conviction, but you did...

For that, I am calling each of you a coward...and an embarrassment to the Army in which you serve...

Even after all of this...

I will NEVER WAIVER...I will go to my grave knowing that I am INNOCENT...

I did NOT touch 1LT CH...

Even after all of this...

I am still grateful...

All bar associations have a process to File a complaint about unethical attorney's

How to File a Complaint against a New York barred attorney

All bar associations have documented and approved ethical standards to which their members must maintain...both PRIOR to bar admission and during the time they practise under that association "certificate"

Keep in mind...

Documented cases of admitting to lying, stealing, Identity theft, false statements and false swearing while under federal oath, during a military Article 32 hearing, are grounds for ethical violations and disbarment.

I am very thankful to have the official audio recording of that Article 32 hearing.

You can't escape the truth...

Loss of my Home from your False Allegations and Lies - I just need to vent

Sadly, I'm no longer a homeowner...the home I put so much energy and love into is now gone...

On Friday, I lost my home as a direct result of the Lies and False Allegations made against me.

No more tears...I am taking this in stride and as a silver lining to this disgusting ordeal.

I have the most incredible family, friends and support group...people that truly know me, know the Truth and Love me...

You, my accuser, do not.

I have the Truth on my side...

You, my accuser, do not.

More and more of the Truth and Facts of the person you are keep coming out...some from unexpected places...some because of a guilty conscience and the desire to help right the wrong done against me...

"That" person, who has come forward, my family and I are grateful and we will forgive you if you tell the truth...your life has been wrongfully damaged as well and we have the power to take that back...

The energy and tide towards exposing my accuser for what he is has taken a wonderful turn recently, and has given us the momentum to show the lengths taken by the MDW SJA and Commander to prosecute an innocent man.

My supporters have taught me a valuable lesson - what a Sociopath, fears the most is the TRUTH, and trust me, the Truth is coming...and there is nothing you can do to stop it.

How did you think we would not find out about you going to a sex party the night before you testified and lied at the trial...using Crystal meth...not telling anyone at this party of your own HIV+ status...

Did you honestly think we would not find out?

Did you honestly think we would not find out about the person in Atlanta that you also accused of actually "infecting" you with HIV?

How many more people have you tried to "blame" for your actions?

How many more have you harmed and continue to harm, and for what? SO you don't have to tell your parents you are gay, a sex addict, a drug addict, a liar...Who Cares...own it...its who you are...Leave the rest of us alone...

I surely don't care what you do...but you chose to Lie and Hurt my family, and I will NEVER stop until that is Ends and the Truth comes out...

I am Innocent and the world is going to find out very soon!

You can't hide much longer...

The TRUTH is coming...

To recant...What does that mean?

BOTTOMLINE: You can never feel bad about telling the TRUTH

re·cant  (r-knt)

v. re·cant·ed, re·cant·ing, re·cants

v.tr.

To make a formal retraction or disavowal of (a statement or belief to which one has previously committed oneself).

v.intr.

To make a formal retraction or disavowal of a previously held statement or belief.

Why would a person recant their testimony?

• Fabricated crimes. False convictions in sex abuse cases are usually due to fabricated crimes; all too often it stems from a person trying to protect themselves from "judgment" and deflecting responsibility for their own actions, or police/ prosecution convince an unwilling witness to say something that wasn't true. This is almost always coupled with a legal "threat" of subpoena to get the fabricated testimony. (See - Coercion )
• Misconduct by authorities. For homicides, misconduct by authorities was the second-biggest cause of false convictions, just behind false eyewitness accounts.

Eyewitnesses are crucial to a trial, experts say, and their mistakes, whether intentional or not, can have a huge impact.

"The bulk of the evidence that is presented in trials is human testimony. Almost all of the time, energy, and effort is spent hearing people's statement in what occurred at a different place and a different time," Dan Simon, a professor of law and psychology at USC, said. "The bottom line is, people are often inaccurate."

Recanting testimony

Asked about 3 years ago - Dallas, TX

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I testified at a trial and I wish to recant my statement, what do I need to do? I was coerced to testify and my testimony was false, I did not testify to a crime committed, I lied about an event that happened and about knowing the person on trial, basically I misidentified them. I just want to tell the truth.

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ATTORNEY ANSWERS (3)

1. Licensed in TX

   

   Cynthia Henley

   Criminal Defense Attorney - Houston, TX

   Contributor Level 20

   3

   Lawyers agree

   Answered 3 years ago. You can contact the person or the family of the person against whom you testified if you know them. You can contact the lawyer of the person against whom you testified.  For the Defense - Law Office of Philip D. Cave

Rare but No Less Criminal - False Allegations

woman-who-falsely-accused-marshawn-lynch-may-face-charges/

Rare as they may be, False Allegations are REAL and they are No Less Criminal.

As I continue to say, I have a ZERO tolerance for any proven assault, but it MUST be proven.

The lack of universally accepted investigation practises and the emotion that surrounds the act of a sexual assault DOES NOT make it any less or more criminal.

Assault is a crime.  Lying is a crime.  Period!

Our justice system is based on thorough, fair investigations of BOTH the accused and the accuser.

Innocent until "proven" beyond a Reasonable Doubt...

WE can not allow emotions or politics to change the process, in the slightest, in favor of one side or the other.

Sociopath Traits...

Sociopath Traits

I want to share this link to help others identify the traits of a sociopath.

If like me, and so many people, its hard to believe and even accept that a person could be so evil and yes EVIL.

After my run in with a forensically diagnosed sociopath...my life and world were turned upside down...

How could someone blatantly lie and convince others?

How could someone create such a fantasy to deflect and blame someone else for their own actions?

Trust me...they (he) are (is) real...

I'm not going to live life paranoid that everyone I meet is a sociopath, but I am damn sure better armed knowing the signs of one...

One thing these people fear the MOST is the TRUTH...They fear people finding out what they have done.

The TRUTH is coming...and there is nothing you can do to stop it!

I forgive the others who fell for your lie, but I will not and I dont have to forgive you...

I will just simply move on and be successful and happy...thats how I will win.

Beyond Blame: Challenging HIV Criminalization

Beyond Blame: Challenging HIV Criminalization

DOD IG Report on failures in sex assault investigations

Yesterday the Department of Defense Inspector General released a report title - Evaluation of the Military Criminal Investigative Organizations’ Adult Sexual Assault Investigation Policies (you can find it here - http://www.dodig.mil/pubs/documents/DODIG-2014-108.pdf)

I wanted to share this with you due to the fact that HIV is charged as an Assault charge, usually Aggravated Assault and/or Wrongful Sexual Contact...

Even though Congress has never included specific HIV criminal language in the Uniform Code of Military Justice, the services continue to charge and usually convict service members based on their HIV status.

The language in the report is quite damning - http://www.militarytimes.com/article/20140916/NEWS06/309160067/IG-Sexual-assault-investigators-should-improve-methods

"Military investigators responding to reports of sexual assaults do not always follow the widely accepted standards set by civilian police agencies, according to a new Pentagon Inspector General’s report.

The final draft concluded that the military investigators adhere to most of the standards outlined by the International Association of Chiefs of Police. But the IG cited several exceptions, which included:

■ The Army’s CID and the Navy’s NCIS should consider changing their policies to encourage sexual assault investigators to proceed with a thorough investigation regardless of whether they obtain laboratory findings."

I am hopeful that with the language in sec 572 of NDAA 2014, and both HR 1843 and S 1790, the Department of Defense will begin to see the errors and wrongful prosecutions that continue to take place in our Nations armed forces.

I am specifically asking the Secretary Hagel, Secretary McHugh, Attorney General Holder, DOD General Counsel Stephen Preston, the Army General Counsel Brad Carson, the Judge Advocate General of the Army LTG Darpino, Senator Schumer, Senator Gillbrand, Senator McCaskill, Rep Sean Maloney, and Rep Barbara Lee to demonstrate Leadership in the light of this report and ensure that our men and women serving the Nation are always afforded the highest level of respect and ensure our rights to fair impartial thorough investigations are always guaranteed.

The Attorney General should conduct an independent investigation of a cross section of UCMJ cases ensure basics rights have been afforded and when they have not recommend to the President as Commander in Chief to Article 73 retrial or immediate dismissal of those cases deemed appropriate.

We should NEVER have to worry that a thorough impartial investigation will take place, but just as my case, in which there was no investigation conducted, there is a systemic problem with the entire process of how allegations are investigated at all...

We cannot leave it up to the military appellate court system...This has to be corrected at the lowest level.

On a special note related to HIV Criminalization specifically, I believe we have solid evidence in this report to help frame the HIV Criminalization discussion at the state level, since the DOD IG embraces the civilian standards outlined by the International Association of Chiefs of Police.

Congresswoman Barbara Lee is right on point with the legislative language..requiring "evidence based and medically accurate.." facts 

We need to educate legislators, prosecutors and police officials on what that means.

It's sad to think that, in 2014, we have to fight to have thorough and impartial investigations conducted by any police authority.

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.

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.

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.

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.

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."

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!!

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

VIDEO: The Powerful “HIV is Not a Crime” Conference

VIDEO: The Powerful “HIV is Not a Crime” Conference



I am so grateful for Mark, and everyone at the conference, to help tell not just my story, but to shed light on these insane prosecutions.

North Carolina: The US Army thinks your laws aren't good enough

Officer Cleared by Civilian law but Army doesn't care..

Here we go again...resources wasted...lives to be ruined...OERs to be inflated..

So who at Fort Bragg thought this was a good idea?

North Carolina civilian law investigates the allegations and determines there isn't enough or any evidence to press charges...STOP....

Think about that...with all the scrutiny of Sexual Assaults across this country a civilian authority does an in vestigation and says NO...

Then in a remarkable move, some "superior" legal mind wearing a uniform says, We don't care what you did North Carolina..."we" are better and will press charges anyway...

OK US CONGRESS...and specifically the entire North Carolina delegation, which receives $100's of millions of dollars for military assets in your state...How can this not get you raging mad at this?

And...US Army SJA and Commanding General...don't give me your BS about good order and conduct...You had an investigation completed and you should recognize and work with your state partner, but no...

A civilian legal authority did an investigation...and said there isn't enough,or anything, to proceed and press charges...

Where do you get off on wasting tax payers resources in the prosecution of this case?

This is EXACTLY what so many of us who have been abused and wrongly prosecuted have been talking about.

SECDEF...The Army just laid another example of the failed mountain of UCMJ failures.

Its time...

Remove all criminal process from the hands of incompetent military JAG officers and only Retain the unique war-time advisement capability in a uniformed JAG.

UCMJ is a Readiness issue and needs to be treated as such.

Allegations of Sexual Assault in the Military Up 50%??

COURT-MARTIAL LAWYERS: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS AND FRANK J. SPINNER: Allegations of Sexual Assault in the Military Repo...: CIVILIAN COURT-MARTIAL DEFENSE LAWYER (Military Defense Lawyer) NEWS: According to a widely reported story today, allegations of sexual ...



All of us in uniform agree that there is ZERO TOLERANCE for any assault, but we cannot allow Innocent Lives to be lost at the expense of true justice.



We can defeat any enemy on the battlefield, but we continue to be our own worst enemy with issues like this at home...



Thank you Frank for trying to put this into perspective

Why Wrongful Convictions...A Study

Why wrongful convictions:: A Study

I struggle everyday to deal with the Why? and How could?...questions about what happened to me...

Once again, Phil Cave has posted a powerful piece to help me understand...

An actual study paid for by the National Institute of Justice...

I had to walk away after listening to the piece about "tunnel vision"

I was taught a legal term during my case... "Believer"

That is the term that describes prosecutors, like the young malicious prosecutor in my case...

Without any evidence...without an investigation...he "believed" the complaining witness blindly...I submit, and will not be convinced otherwise, that there was also a deep seated prejudice and an overwhelming amount of pressure from his boss, to prosecute no matter what...

At one time, the young Captain actually told my attorney's that he "believed" CH and that "he (LTC Pinkela) was HIV+...so it must have been him..."

I was NOT charged with infecting anyone...I was charged with the prejudicial charge of "exposure" ... and a fictitious assault with NO evidence or facts...just a story from a then admitted (under oath) liar and theif...

This study really hits home...to know that there has been an actual study of this phenomenon that destroys innocent lives and families, and as Dr. Gould says..."leaving the real criminal on the streets..." or in my case he is in law school...

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. 

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.

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?

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.

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.

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?