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...
Friday, April 18, 2014
Monday, April 7, 2014
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.
"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.
Friday, April 4, 2014
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.
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.
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