What's up with HIV laws in America?

Don't forget the US Military...service members can be prosecuted without any evidence or even an investigation...they are targeted solely for being HIV+ and any allegations even FALSE ALLEGATIONS and LIES can lead to prosecution jail and loss of an entire career

CAAF acts AGAIN...some good news but it's not over...yet

CAAF Acts AGAIN...

November 5th, 2015 - U.S. Court of Appeals of the Armed Forces (CAAF) reversed and dismissed the aggravated assault and reckless endangerment convictions, however, they are affirming a lesser charge of assault and battery (following their earlier precedent in US v Gutierrez) 

What is factually different, and we pray the Army will admit in a de novo review, there is NO physical or sexual contact in my record of trial. My accuser NEVER anywhere could describe HOW or WHAT sexual act took place to remotely expose him to HIV this FACT can not in any way justify assault and battery...

LTG Darpino YOU MUST see that...and YOU MUST ACT...DISMISS THIS CASE

What is remarkable, in this decision, is that the CAAF took this action WITHOUT the knowledge and sworn statement from the Primary Witness (read the earlier posting) 

Can you imagine what they will do, or would have done, if they had the facts about the lengths of lies and coercion Army prosecutors went to to fabricate the case against me.

The fight is NOT over...

The CAAF has remanded the case back to LTG Darpino, the Judge Advocate General of the Army for action...

CAAF Order

I am unwavering in my demand for the Secretary and LTG Darpino, to now do what the CAAF has ordered...REVIEW my CASE with all the FACTS and have the courage to ACT and DISMISS this case.

For the sake my my family and me, but for the sake of the Army...this case is a stain on the integrity of the entire UCMJ system...there is NO evidence, No investigation...nothing to justify any action against me...

The system failed...it failed to protect an innocent man and officer who volunteered a polygraph and medical phylogenetic testing to PROVE that I am NOT the source of HIV...the acts of the prosecution are beyond excusable ... they are unprofessional and criminal in and of themselves...

I continue to hold on to Hope that the professional corps of senior leaders will take this opportunity, given to them by the military high court, as a second chance to right a terrible wrong...give me my life back... learn from the mistakes and grow as an Army, from the terrible actions of a few hate filled, bigots and their fraud and abuse of the office they were charged with in wrongfully prosecuting an innocent man.

I Hope and Pray you will ALL continue to STAND with my family and with me...DEMAND that LTG Darpino and Secretary of the Army DISMISS the entire case.

The Honorable John M. McHugh

Secretary of the Army

101 Army Pentagon

Washington, DC 20310-0101

The Honorable Eric K. Fanning

Under Secretary of the Army (Acting)

102 Army Pentagon

Washington, DC 20310-0102

LTG Flora D. Darpino

The Judge Advocate General

United States Army

2200 Army Pentagon 3E542

Washington DC 20310-2200

How a Detective spots a Liar - Oh yeah...first do an investigation

Sociopaths are REAL - How a Detective spots one

I wake up on days like today, and try as I may, I am reminded that my life has been totally changed...I'm getting better at not saying ruined, because I have my family and friends, but...the "what if" scenario runs through my mind again...

What if the US Army CID at Fort Myer had actually done an investigation?  What if this supposedly "professional" corps of children with badges had done their job...actually conducted a real investigation of the utter bullshit allegations made by #1LTCH ?

Hopefully, you've also seen that if CID had done an investigation, then the twisted prosecutor would not have even known my name...See earlier post and the brave letter the primary witness writes in my case.

What if CID was trained in what seems to be "basic" criminal investigation techniques on How to "spot a LIE"?

What if?

I've done a cut and paste to the "list"  Stacy Dittrich, a former Ohio police detective, crime expert and author describes in the article

Here are the most tell-tale signs, revealed.

A pre-emptive 911 call: Criminals (Liars) sometimes call police very early to cover their bases. For instance, a man with a missing spouse might call police within a couple hours to say something is wrong. "The first question the detective is asking is why they're assuming something is wrong because not getting ahold of someone right away is pretty normal," Dittrich said.

ASK any rational/normal person what was the first thing they did after finding out they were HIV+, and 99.9% of us are NOT calling CID or the police...

The emotions don't fit: even if what a suspect is saying on the call appears to be true, their tone is a big tip-off to police, Dittrich said. For instance, a calm demeanor while reporting a home invasion could indicate something is amiss because ``most people are hysterical in that kind of situation.''

Lets just say cold and soulless...if you were a "real" victim of something like this you would not be as cold and creepy as he was in the entire process...oh and you would not have gone to a sex party the night before you took the stand and testified against me, done crystal meth and not disclosed your own HIV status to anyone...yeah Navy E7 Rob Nelson came forward and told us what happened on 28 June 2012...

Not answering "yes" or "no": an innocent person will usually answer questions with a direct yes or no. Not so for criminals, says Dittrich. When asked "are you involved in this murder?" they are likely to give a long answer like "I swear on my mother's grave and all my children I didn't." This is a way of stalling: even though they tell themselves to lie, they can't quite follow through.

#1LTCH had was never able to answer yes or no...to any question...He is smarter than everyone else in his little mind...read the Article 32 and Record of Trial...

Too many details: A criminal usually carefully plans their story in advance, anticipating that they'll eventually speaks with detectives. A 911 call with too many details about the suspect, such as what they did that day or whether they're happy with their significant other, is a red flag because it shows the person put thought into his or her story.

#1LTCH couldn't even describe any sexual act or any means likely of an act that could have introduced my blood or semen to him, but holy shit he could remember my mother eating raw steak and that it grossed him out...its call steak tartar you asshole!

Lying about small stuff: Even the most innocuous statements can reveal inconsistencies, Dittrich said. A suspect talk of watching a television show in his or her alibi statement, but the show didn't air that night. Lies about small stuff usually culminate in bigger evidence against the accused.

#1LTCH admits to lying, stealing passwords, "hacking" into my email and websites, but that's no big deal right?

Referring to a missing person in past-tense: Most people hold out hope that their missing loved one will be found alive. Referring to a person in past tense, saying "I really loved her" or "he and I were happily married,'' is incriminating, Dittrich said.

#1LTCH describes another "victim" oh but that person had never met me...

Saying ``huh?'' : When police ask a direct question, such as "Did you steal those items?" a guilty suspect will often pretend not to hear in order to stall and come up with a story, Dittrich said. Instead of answering a very direct question they say "huh?" or "what do you mean?" Dittrich said.

"You can't remember or describe having sex with LTC Pinkela?" asks Phil Cave Defense Attorney...#1LTCH replies on the stand "I don't know what you mean..."

Helpfully offering another explanation: a suspect will often try and mislead detectives by putting another suspicious person on the investigation's radar, Dittrich said. If a person denies a kidnapping but mentions a creepy man in a van, it's important to see if there's any other evidence of such a person existing. If there's not, chances are the suspect made up a story to deflect the blame. 

So #1LTCH admits to hacking into a website, under oath by the way at the Article 32 hearing, and HE then turns the altered "hacked" stuff over to the prosecution...( I shit you not...it's in the Record of Trial at the Article 32) 

Most criminals destroy themselves with their own statements. The ones who are acquitted (or get away with their lies) despite ample evidence are "sociopathic'' enough to convince themselves that the lies are reality, Dittricht told us...

#1LTCH was HIV+ long before ever meeting me (remember I only met this sociopath (thanks to US Marine Captain Adam Potter) - 2 times in my life and it was NEVER alone) and oh yeah what about the "John Doe" Phil Cave was talking to in Atlanta that was accused earlier by our sociopath #1LTCH for infecting him?  No pattern there, huh?  

"It's haunting because the people who get away are the ones deranged enough to believe their own lies,'' Dittrich said.

LTC Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness

Newsfeed : Soldier Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness



Not a day goes by without feeling the effects of this case...

What the US Army and my accuser did to my family and I, including Elliot Henney, is beyond disgusting...

The HATE FEAR and IGNORANCE shown by the actions of the prosecution and a military judge...charged with the good order and conduct of the Army, has done more damage then anything they accused me of.

To take an innocent man to jail without an investigation, no evidence medial or physical of ANY crime, is a blemish on the Army and the Nation.

I have NOTHING to hide...

I will go to my grave never wavering of my innocence

There is NO HE said HE said...there is ONLY the TRUTH...

My accuser is a liar and under oath admitted to lying, stealing and hacking into personal emails and websites...

He has previously accused a man of actually infecting him 2 years prior...

My attorney's spoke to "John Doe" but after charges were preferred against me, he became fearful for his own life and cut off all communication...

My accuser actually lists 12 pages of random anonymous sex on his CDC form...before the false allegation date of 28 December 2008 and after....

My accuser is documented to have gone to a sex party, used crystal meth and not disclosing his HIV status to the people at this party, all the very night he took the stand and told his LIES at my court martial...

THE ARMY has chosen to ignore all of this...

A polygraph...phylogenetic testing, physical witnesses ALL DENIED

ALL from the prejudice of HIV...

The summer of Don't Ask Don't Tell was to be repealed...the US Army gives my accuser immunity to testify against me... what what?  Why would the alleged "victim" of a crime need immunity to testify????

A clinical psychologist reviewed my accusers medical records and immediately said "he is a text book sociopath"

BLAME BLAME BLAME others for their own actions...

My accuser was without a doubt already HIV+ before ever being introduced to me to be a mentor and help him get ready to deploy to Iraq...

Never alone with him...only physically met him twice in my life...my family in the same house and some how via magic without any means likely I "expose" him to HIV???

It just boggles my mind...

HOW can an organization to which I gave my LIFE in service to my Nation ALLOW the bigots at the Military District of Washington SJA office to even entertain and prosecute an officer based solely on an allegation without ANY evidence whatsoever...!!!  ???

I will NOT stop in screaming and talking...

SOMEONE has to have the courage to ACT and FIX this tragedy...

PLEASE PASS THIS STORY ON...

CALL YOUR MEMBERS of CONGRESS

SEND Letters to the Secretary of the Army...to the President...

We as a Nation, and as an Army, deserve to have the TRUTH and PROTECTIONS of the LAW not to be victims of hate and fear...

Article 73 - Petition for Retrial ... the TRUTH can't be restrained!

Secretary McHugh, Secretary Fanning and LTG Darpino,


"At anytime within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court.  If the accused's case is pending before a Court of Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action.  Otherwise the Judge Advocate General shall act up on the petition."

It can't be any more clear and anyone who has served in the military knows that everything has an exception...the TRUTH should never have a timeline or restraint.

Fraud on the Court is universally accepted as follows:

Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court. Fraud upon the court makes void the orders and judgments of that court.

In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

The actions taken by US Army personnel named by the primary witness in US V Pinkela, did in fact restrict and wrongfully influence COL Michael Hargis, while sitting as judge alone, to not perform the impartial functions of the court.

Not only are the actions of the Us Army prosecution legally insufficient, but with a thorough legal review, under Article 73, your office will find that the case is factually insufficient and deserving of a review and complete dismissal.

I submit the public letter signed by Elliott Scott Henney as grounds for your direct intervention and professional legal review of the entire case proceedings of US v Pinkela as documented in the Record of Trial and all Defense appellate briefs to date.

Primary Witness calls for Article 73 Review and Dismissal

Courage against Hate, Fear and Prejudice

Primary witness takes a courageous stand

Aug 12, 2015 — In an amazing courageous act, Mr Henney has sent this letter to Secretary McHugh. With his permission I am updating my petition to ask for support and pressure on the US Army to review my case and give me my life back...This can never happen again to another servicemember

August 10, 2015

The Honorable John M. McHugh
Secretary of the Army
101 Army Pentagon
Washington, DC 20310-0101

Dear Secretary McHugh,

My name is Elliot Scott Henney. I was the primary witness, and an alleged “victim” in the case United States v. Kenneth Pinkela. I am contacting you with the hope that you can help correct an injustice imposed on me, on LTC Pinkela and on the American people.

Since the Army determined I was an alleged victim of Ken’s, I have a right for the Army to hear what I have to say. 

I am the son of a retired Naval Officer, and the grandson and great-grandson of others who have served in the U.S. military. I hold those in such positions to a higher moral obligation and trust. For me to agree to testify against LTC Pinkela was not an easy decision. To later discover it was based on lies within more lies has been emotionally devastating, physically made me sick to my stomach and led to health crises in my life. 

I deeply regret my cooperation with the US Army and the prosecutor, CPT Jordan Stapely. CPT Stapely coerced me into believing LTC Pinkela was a sexual deviant and predator who would put others at risk if I did not agree to testify. I was always doubtful, as what CPT Stapely told me was at complete odds with my nothing but positive experience with Ken (I knew Ken when I was in college). But CPT Stapely assured me he had 100% proof, beyond a reasonable doubt, and that it was my duty to testify against Ken. 

Now I know the facts: 

1) The Army did no investigation, and that there was, and is, no physical evidence incriminating Pinkela.

2) The Army did not pursue the phylogenetic testing that could determine the extent to which the strain of HIV Pinkela’s accuser, Hamilton, was or was not similar to the strain Pinkela has; I had a partner who was HIV+, I understand the virus and how the virus can and cannot be transmitted.


3) The Army, through CPT Stapely, lied when he told me that there were at least “half a dozen” other witnesses testifying against him. That was and is, a complete lie, used by Stapely to mislead me and “calm” my concern that I was not the only witness against Pinkela, which, in fact, it turned out to be the actual situation. I was the only one.


4) If the same RAP sheet of sexual partners I have is the same one used in the prosecution, I have more than enough evidence to raise a red flag regarding the validity of Hamilton’s claim, and from what I know, Chris Hamilton is lying. One page listing information with sexual partners only going back a couple years would be enough evidence for me. I was raised by parents who live by the same code of morals and ethics the US Army and Chris Hamilton should be upholding as well. All of this could have been proven with an investigation. I can’t believe that an investigation is missing and a man’s life has been ruined.

5) I had no knowledge that CPT Stapley, and the US Army, had even brought charges against LTC Pinkela in my name. They even falsified the allegation date (2007) when I was still living in San Diego, CA. When I knew Ken he was HIV negative and therefore the HIV charges were ALL false. 

Ken Pinkela is a human, a soul, and an O5; the same rank as my father when he retired, all of which has made this whole entire ordeal hit close(r) to home. I can’t stop thinking that someone could have made the same accusations against my father and ruined my entire family without any proof and for no reason. Until now, I never would have imagined a branch of the military would do something like this without an adequate investigation and evidence.

As a Navy “brat” it saddens me to say that, because of this terrible experience and all of the injustices, it has fundamentally changed how I, as a patriotic civilian, the son of a Navy career officer view the US Army and the entire U.S. military and its representatives. 

The day I testified against LTC Pinkela, was one of the worst days of my life. I felt terribly guilty, knowing I had been lied to and tricked into ruining the life of a man who did not deserve any such treatment. I went into a downward spiral, not knowing what to do and ultimately going off the deep end, in drugs and alcohol, to try and cope with what I had done.

Every day had become so unbearable, as I was racked with guilt and furious at the injustice I was unwittingly a party to, that the thought of continuing on in my own life became too much. When alcohol and drugs no longer filled the void, I attempted other, even more destructive, remedies. I continue to live everyday hearing Ken’s mom gasp, in the courtroom, when the judge found Ken guilty. I could not believe what had just happened.

Fortunately, in a moment of clarity and with support from my family and friends, I was able to piece together the puzzle enough to motivate me to clean up my act and find out more about LTC Pinkela’s case. When I found out there was no investigation, and it was simply the accusation of one soldier against another, with me being manipulated into testifying against Pinkela, I knew I had to do something.

For Ken’s family, his life and my family and my life, please drop this obscenely unjust case against LTC Pinkela. As the unknowingly primary, and only witness, against him, after being lied to by the Army prosecutor and thereby destroying innocent people's lives in the name of homophobia and HIV-phobia, I believe my request must be heard and acted on.

My mission in sobriety is to correct a terrible wrong I helped perpetrate, a wrong that reflects poorly on the U.S. Army and the entire military justice system. 

This entire case is NOT what the United States military represents. This case should have NEVER made it to a courtroom, and the way in which the case was “put together” with deceit and lies, is NOT the way any person, or officer, should ever suffer.

I'm begging you to give this wrongly accused man, and officer, LTC Ken Pinkel, his family and his own life back, so I that I may have my life back as well as demonstrate a respect for admitting when a process has gone so wrong that senior officials can, will and do, have the courage to act and fix a mistake. 

Personally, I also understand that the person reading this may be Eric Fanning; I served you and slung your cocktails for years. I made the connection thanks to Facebook and new position as the Assistant Secretary and maybe new Secretary of the Army. I hope you are well. You may not remember me without seeing me, but because so many people remember my fallout, you may have wondered what could have happened to that guy with so much potential. 

This is what happened to me, Sir. 

This case is wrong and it must be thrown out. 


With Sincere Respect,
///original signed\\\

Elliot Scott Henney


cc: The Honorable Eric K. Fanning, Under Secretary of the Army (Acting)
General Raymond T. Odierno, Army Chief of Staff

HIV Criminalization...WHy is LTC Pinkela's case important ??

Not only does my case represent everything wrong with the UCMJ process, it also demonstrates the sad ever present reality of ignorance, fear and discrimination surrounding people living with HIV.

I urge you to take a moment, and read what a very brave young man has done in the case against me...not only does Mr Henney describe the lengths to which uniformed personnel went to fabricate a case, but the blatant abuse of authority, and lies to convince a military judge to convict an innocent man.

Primary witness calls for case to be dismissed against LTC Pinkela

Yes, I am the innocent man fighting for my Life and Dignity...but I am also the officer fighting for the dignity and integrity of the US Army I still love and believe in.

I have to maintain Hope in the senior leaders of the Army and in the power of social media, print media and the thousands of supporters who have signed my still growing petition to have my case reviewed.

My case is not part of the 34+ US states that have specific HIV criminalization laws on the books...my case specifically evolved from the fear and bias surrounding HIV and the ignorance about the "risks" and understanding How HIV is transmitted.

Neither the President, nor the US Congress, have ever included language authorizing the criminalization or prosecution of HIV in the UCMJ...READ IT...FACT CHECK IT

The continued prosecution stems solely from ignorant prosecutors and commanders (convening authorities) and the misguided opinions of the military appellate courts which refuse to apply the same equal standards of FACTUAL sufficiency and LEGAL sufficiency to HIV.

Look at my case...and the hundreds of other HIV prosecutions wrongfully under UCMJ.

Not one case has ever been the criminal malicious intent of infecting another person...ever!

Not one case has ever been held to the same judicial standards of "elemental" Law...NOT ONE!!

The cowardice use of "aggravated assault" without any element/fact/evidence of violence, intent, consent or harm ...

WHY is this allowed?  How can both military and civilian judges live with themselves allowing and upholding a conviction without any evidence?  How?

Here is how I want to tie this back to the title of this post...
Why is my case important?

First and foremost is that my entire case is a fraud and wrongful prosecution...no investigation, no facts or evidence, an admitted liar and now documented coercion and lies by uniformed Army JAG personnel...

Second, the case demonstrates the absolute the total breakdown in the process from start to finish...the lack of any check and balances to ensure the rights of the accused or the actual presence of a crime.  How could any Commander prefer and refer a case without an investigation or deny medical dna evidence which would clear and prove the allegation false?

Third, since this case is a federal case, it also demonstrates the clear disregard to both Presidential and Congressional authority of what or how the UCMJ is to be used/implemented in the Good Order and Conduct of the armed forces...the fraud waste and abuse of the SJA office in the Military District of Washington Fort McNair MUST be investigated...How was this case ever allowed to go this far? I'd beg and challenge US Senator Gillibrand to finally get involved in my case and see the FAILURES of the process that can be used to strengthen her mission to Reform the Military Justice System.  

If Secretary John McHugh, and now Under Secretary eric Fanning, have the personal and professional courage to REVIEW my case (don't listen to the TJAG staff...READ it themselves) it will show them both the terrible flaws that exist and that are allowed to take place...this is NOT how you run an Army...They have nothing to lose in this action and I beg them both to do so.

HIV is defined as a chronic manageable disease...codified in law but yet the Armed Forces continue to prosecute and use words calling HIV a death sentence...without ANY oversight.

The Obama administration has made enormous headways in the treatment, care and support of HIV.  The Department of Justice has even gone as far as to issue "Guidelines" to prosecutors on HIV.

Department of Justice Guidance on HIV Criminlization

But the Armed Forces, continue to ignore Presidential and Congressional guidance and destroy lives, families and careers NOT based on evidence but based solely on fear stigma and prejudice.

My case is a stain on the US Army, and I continue to say that I love my Army more then the officers who fabricated and brought this malicious wrongful case against me.

I am NOT afraid to show the flaws in my Army, because I know via 26+ years of service it is the ONLY way for us to Grow and Learn to become an even better Army.

I maintain that with the right support and honesty, my case can and will change the face of HIV Criminalization....

It will allow the Federal Government the solid ground on which they can STOP the wrongful discrimination and prosecution of people living with HIV...

Where the feds go the states can follow...HIV is a virus NOT a crime and it should be treated as such...

PLEASE REACH OUT to the US Army leadership and TELL them they MUST Review my case...Dismiss ALL charges and FIX the UCMJ System to never allow this to happen to another innocent soldier.

Turn It Up! A Valuable New Resource for People in Prison - The POZ Staff

Turn It Up! A Valuable New Resource for People in Prison - The POZ Staff

The Alarming Gaps in Military Appellate Review

The Alarming Gaps in Military Appellate Review



UCMJ is BROKEN at every level...



Welcome to my world...



Our Armed Forces deserve fair, thorough, honest justice...the UCMJ process is NOT a justice system it is by definition a system of "good order and conduct" which can and is abused by personal bias, prejudice and discrimination...

LTC Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness

Newsfeed : Soldier Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness



I am beyond grateful to Elliot Henney for having the courage to talk about the impact on his life as well as call on senior leaders to dismiss my case.



I am asking everyone who reads this to please help demonstrate we demand a review of the case...



Write to the Secretary of the Army, call the White House call your member of Congress...yes this is about me but it's greater than just me...



The Honorable John M. McHugh
Secretary of the Army
101 Army Pentagon
Washington, DC 20310-0101







The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500



White House Phone Number



202-465-1111



To the staff and possibly senior leaders who should see this...You have nothing to lose and everything to gain by acting on this request...



Review my case and Dismiss All Charges...from the very beginning this case and allegation is a stain on the very core values we as an Army say we live to uphold...



If you had a legitimate allegation then you had the legal and professional responsibility to conduct a fair and thorough investigation of both my accuser and me...



You chose to NOT do that...



Then, as we now know individuals, such as CPT Jordan Stapley, named by Mr Henney, ran with his own personal bigotry and bias, fabricated a "story" by using Mr Henney and forcing him, actually threatening him and serving him with a subpoena to say things that had ZERO to do with the lies of #1LTCH



Yet a seated military judge, COL Michael Hargis, even after having no elements of any crime presented to him (this is a fact in the record of trial) some how finds me guilty of HIV "exposure"

NO sex...No assault...nothing...that is a fact...#1LTCH doesn't even say or describe any sexual act that could remotely "expose" him to HIV...no blood...no semen.. nothing...



Why is my case held to a different standard?

No elements of any crime were presented to allow Hargis to find me guilty of anything...How is that "justice"??



This entire case is nothing but personal bigotry, hate, fear and ignorance...call it homophobia and HIV stigma, but you took false allegations (#1LTCH admitted under oath to lying, stealing, false statements at the Article 32) and without any evidence...You failed the Army ..You failed this nation with your cowardice to prosecute instead of intervene when you were supposed to..



You have caused more "harm" to the good order and conduct of the US Army then anything you claim that i did...



My goal and intent is to get my life back and, by doing so, cause the Army so much pain (sadly that seems to be the only way we learn) that the US Army as an institution can GROW and LEARN from this horrible wrongful prosecution and witch hunt...Fix it and take steps to NEVER allow this to happen to another service member.



I still love my Army...DO you?

Newsfeed : Soldier Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness

Newsfeed : Soldier Pinkela Was Wrongfully Convicted in HIV Case, Writes Main Witness

Understand what phylogenetics can do for me - Evidence is available

Understand what phylogenetics can do

"Although there are a variety of methods by which scientists can increase their confidence that the viral samples are very closely related in comparison to other samples, they could never be completely confident that the defendant infected the complainant based on phylogenetic analysis alone.

However, if the samples are not closely related with a high degree of confidence, this is evidence enough to show that the defendant could not, and did not, infect the complainant. Consequently, there is enough reasonable doubt to allow the prosecution to drop all charges, or for the judge to recommend to the jury that they acquit."

What is unique to my case is that the US Army HIV Testing Lab has both my initial and 1LTCH initial blood samples on file...this is why I volunteered for both a polygraph and the phylogenetic testing...oh by the way, the US military medical system uses phylogentics in the initial diagnostic step to determine any drug resistance for ARV treatment...so its already done!  

CPY Jordan Stapley knew this and ignored the availability of actual evidence to would either prove or disprove this notion of HIV exposure... 

WHY would a US Army JAG officer deny evidence that could have proven innocence?

I'll tell you why...bias, prejudice and a broken UCMJ system that doesn't care about justice...this "kid" was a tax attorney weeks prior to being assigned my case...and in this broken system, 6 JAG prosecutors prior all "ignored" my case as a "DOG CASE"  there was nothing there...but this unprofessional ran with my case in his own personal bias and prejudice and was "allowed" to pursue and as we now know, he threatened, coerced and falsified evidence with Mr Henney...

I stand on my offer...I want my BLOOD to be compared to 1LTCH and when it comes back as NOT similar I want my case dismissed...i want my career and my life back

I do not want anything done to 1LTCH...karma and his family can deal with him...

I do want the TJAG to evaluate disbarment actions against CPT Stapley and COL Bradley the MDW SJA...

Witness sends letter to Secretary of the Army and calls for case to be dismissed

In an amazing act of courage, Mr Henney has written a letter describing the lies and coercion a few disgusting US Army officers committed to fabricate the malicious and wrongful prosecution of LTC Ken Pinkela

UPDATE: Witness writes letter to SecArmy calls to dismiss case

With his permission and wish, we are posting the letter and asking everyone to contact:

Secretary of the Army
The Honorable John M. McHugh
Secretary of the Army
101 Army Pentagon
Washington, DC 20310-0101

Judge Advocate General of the US Army  LTG Flora D. Darpino.
Address:
The Judge Advocate General
United States Army
2200 Army Pentagon 3E542
Washington DC 20310-2200

Commanding General, Military District of Washington MG Bradley A. Becker.
Address:
Commanding General
United States Army Military District of Washington/
Commander, Joint Force Headquarters-National Capital Region
103 3rd Avenue Southwest, Bldg 39
Washington, DC 20319-5012


The letter reads as follows:


August 10, 2015

The Honorable John M. McHugh
Secretary of the Army
101 Army Pentagon
Washington, DC 20310-0101

Dear Secretary McHugh,

My name is Elliot Scott Henney. I was the primary witness, and an alleged “victim” in the case United States v. Kenneth Pinkela. I am contacting you with the hope that you can help correct an injustice imposed on me, on LTC Pinkela and on the American people.

Since the Army determined I was an alleged victim of Ken’s, I have a right for the Army to hear what I have to say. 

I am the son of a retired Naval Officer, and the grandson and great-grandson of others who have served in the U.S. military. I hold those in such positions to a higher moral obligation and trust. For me to agree to testify against LTC Pinkela was not an easy decision. To later discover it was based on lies within more lies has been emotionally devastating, physically made me sick to my stomach and led to health crises in my life. 

I deeply regret my cooperation with the US Army and the prosecutor, CPT Jordan Stapely. CPT Stapely coerced me into believing LTC Pinkela was a sexual deviant and predator who would put others at risk if I did not agree to testify. I was always doubtful, as what CPT Stapely told me was at complete odds with my nothing but positive experience with Ken (I knew Ken when I was in college). But CPT Stapely assured me he had 100% proof, beyond a reasonable doubt, and that it was my duty to testify against Ken. 

Now I know the facts: 

1) The Army did no investigation, and that there was, and is, no physical evidence incriminating Pinkela.

2) The Army did not pursue the phylogenetic testing that could determine the extent to which the strain of HIV Pinkela’s accuser, Hamilton, was or was not similar to the strain Pinkela has; I had a partner who was HIV+, I understand the virus and how the virus can and cannot be transmitted.


3) The Army, through CPT Stapely, lied when he told me that there were at least “half a dozen” other witnesses testifying against him. That was and is, a complete lie, used by Stapely to mislead me and “calm” my concern that I was not the only witness against Pinkela, which, in fact, it turned out to be the actual situation. I was the only one.


4) If the same RAP sheet of sexual partners I have is the same one used in the prosecution, I have more than enough evidence to raise a red flag regarding the validity of Hamilton’s claim, and from what I know, Chris Hamilton is lying. One page listing information with sexual partners only going back a couple years would be enough evidence for me. I was raised by parents who live by the same code of morals and ethics the US Army and Chris Hamilton should be upholding as well. All of this could have been proven with an investigation. I can’t believe that an investigation is missing and a man’s life has been ruined.

5) I had no knowledge that CPT Stapley, and the US Army, had even brought charges against LTC Pinkela in my name. They even falsified the allegation date (2007) when I was still living in San Diego, CA. When I knew Ken he was HIV negative and therefore the HIV charges were ALL false. 

Ken Pinkela is a human, a soul, and an O5; the same rank as my father when he retired, all of which has made this whole entire ordeal hit close(r) to home. I can’t stop thinking that someone could have made the same accusations against my father and ruined my entire family without any proof and for no reason. Until now, I never would have imagined a branch of the military would do something like this without an adequate investigation and evidence.

As a Navy “brat” it saddens me to say that, because of this terrible experience and all of the injustices, it has fundamentally changed how I, as a patriotic civilian, the son of a Navy career officer view the US Army and the entire U.S. military and its representatives. 

The day I testified against LTC Pinkela, was one of the worst days of my life. I felt terribly guilty, knowing I had been lied to and tricked into ruining the life of a man who did not deserve any such treatment. I went into a downward spiral, not knowing what to do and ultimately going off the deep end, in drugs and alcohol, to try and cope with what I had done.

Every day had become so unbearable, as I was racked with guilt and furious at the injustice I was unwittingly a party to, that the thought of continuing on in my own life became too much. When alcohol and drugs no longer filled the void, I attempted other, even more destructive, remedies. I continue to live everyday hearing Ken’s mom gasp, in the courtroom, when the judge found Ken guilty. I could not believe what had just happened.

Fortunately, in a moment of clarity and with support from my family and friends, I was able to piece together the puzzle enough to motivate me to clean up my act and find out more about LTC Pinkela’s case. When I found out there was no investigation, and it was simply the accusation of one soldier against another, with me being manipulated into testifying against Pinkela, I knew I had to do something.

For Ken’s family, his life and my family and my life, please drop this obscenely unjust case against LTC Pinkela. As the unknowingly primary, and only witness, against him, after being lied to by the Army prosecutor and thereby destroying innocent people's lives in the name of homophobia and HIV-phobia, I believe my request must be heard and acted on.

My mission in sobriety is to correct a terrible wrong I helped perpetrate, a wrong that reflects poorly on the U.S. Army and the entire military justice system. 

This entire case is NOT what the United States military represents. This case should have NEVER made it to a courtroom, and the way in which the case was “put together” with deceit and lies, is NOT the way any person, or officer, should ever suffer.

I'm begging you to give this wrongly accused man, and officer, LTC Ken Pinkel, his family and his own life back, so I that I may have my life back as well as demonstrate a respect for admitting when a process has gone so wrong that senior officials can, will and do, have the courage to act and fix a mistake. 

Personally, I also understand that the person reading this may be Eric Fanning; I served you and slung your cocktails for years. I made the connection thanks to Facebook and new position as the Assistant Secretary and maybe new Secretary of the Army. I hope you are well. You may not remember me without seeing me, but because so many people remember my fallout, you may have wondered what could have happened to that guy with so much potential. 

This is what happened to me, Sir. 

This case is wrong and it must be thrown out. 


With Sincere Respect,
///original signed\\\

Elliot Scott Henney


cc: The Honorable Eric K. Fanning, Under Secretary of the Army (Acting)
General Raymond T. Odierno, Army Chief of Staff

False Allegations are NOT a MYTH !!!

False Allegations are NOT a MYTH

Wonderful article on the REALITY of False Allegations and WHY both sides of the battle need to come together...

Real Victims are on both sides...victims of real and terrible assaults and victims of real and terrible lies...

This isn't about pointing fingers at each other its about ENSURING a CRIME actually occurred and that innocent men/women are not jailed for acts they did NOT commit...

Get rid of the emotion and open your eyes...I'm not naive or uncaring for the victims of any violent assault but god damn it my family and I suffer every day because of an admitted Liar

No investigation  No Evidence just that sick and ridiculous allegation that is a pure LIE...

COURT-MARTIAL LAWYERS: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS AND FRANK J. SPINNER: CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: Colleges ...

COURT-MARTIAL LAWYERS: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS AND FRANK J. SPINNER: CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: Colleges ...: Military Defense Lawyer (Former JAG Attorney) News: The presumption of guilt and gutting the standard of proof necessary to brand an ac...

Original BLOG post from 2012

HIV Criminalization BLOG post from 2012

I truly HOPE that Terry will want to UPDATE his original BLOG post now that we have more of the TRUTH coming out on my case...

If Terry, or anyone that knows Terry, sees this PLEASE contact me...

Primary witness speaks in video interview

It's been a tough few months...
I had to take a break from the blog...

I was violently attacked on here by "someone" after we reported that the Primary Witness had come forward to recant...
Let me be VERY CLEAR...there is a difference in UCMJ...the "complaining witness" and the "primary witness" are not the same...

The US Army Commanding General, Military District of Washington and his Staff Judge Advocate went to EXTREME lengths to coerce and lie to a civilian forcing him to say things that were neither criminal nor illegal...they LIED to the Military Judge COL Michael Hargis and misrepresented this case from the beginning...

Since my last post the U.S. Court of Appeals for the Armed Forces (CAAF) vacated the criminal charges against me and returned my case to the Army Court of Criminal Appeals (ACCA) with an order to review based on the recent Air Force HIV case US v Gutierrez...you can read that here in my follow up interview with Bob Leahy

Military justice revisited???

Lets get to the new evidence...

As a few of you know...the primary witness, Elliot Henney found the strength and courage to come forward in October 2014 to tell us about the LIES and THREATS the US Army prosecution did to him to testify...

His words to me need to be heard...and they will be...

"this case has ruined my faith in the US military...I am  the son of a retired US Naval officer and what the US Army has done to me, to you (Ken) and your family can't be allowed...I feel a deep obligation to do everything possible to fight what has been done to you...I would gladly go to jail in defiance of their subpoena and threats if I knew then what I know now...I am sorry" 

Elliot went public on POZ.com and by contacting me directly via this blog...

Mr Henney has now sat down and made a video interview telling everything...

He has apologized to my family and to me and I sincerely, with all my heart, forgive him.

In fact Henney did NOT lie...He was LIED to by the prosecuting JAG officer...he was told of "dozens" of other victims on LTC Pinkela...and that he had to talk about me...

What was amazing is that Henney told them NOTHING "bad" or "criminal" on the contrary he talks about me being a kind and great person in 2004...

2004...I was HIV- in 2004 so why was Henney even involved in this case...the US Army prosecutor LIED and committed FRAUD on the COURT by filing charges against me in Henney's name for alleged sexual contact in 2007...conveniently after my 2006 HIV diagnosis...

Henney's charges were dismissed by the Military Judge, but he then granted the prosecution to put Henney on the stand as the "primary witness"

Wait this gets even more sinister...

Henney was never told that he was a "victim" and that charges were being brought against a US Army Lieutenant Colonel for aggravated assault and HIV exposure!!

He never even understood why he was involved in the case at all...

US Army prosecutors then act in an even more dark disgusting act of desperation...Henney's partner sadly took his life 2 weeks before the trial.  Henney told the US ARMY that he wanted nothing to do with the case...the subpoena and threat of arrest showed up the following day in June 2012...

We now know that USMC MAJ Adam P, lied to Henney and told him that I "gave" 1LTCH HIV...but MAJ P goes on to say that it doesn't matter 1LTCH is "crazy" anyway...drugs, alcohol and an evil vindictive side exists...

MAJ P and 1LTCH were in a relationship at the time...unbeknownst to me or my defense.

Mr Henney, a civilian,  is a victim in this wrongful military case as well.

He has battled with alcohol and depression because he realized he was part of witchhunt and conviction an innocent man.

His life, as well as his family, just like me and mine, have ALL been devastated by this malicious and wrongful prosecution.

This is NOT the Army I know and LOVE

This case not be tolerated nor can the actions of uniformed US Army JAG officers be allowed to continue.

The US Government (i.e. US ARMY Appellate Division) continues to say that HIV is a death sentence and that I am a deadly weapon.

Without ANY evidence, other than a chat log, received from 1LTCH, not via any investigation, which is FAKE, and that the complaining witness 1LTCH admitted, under federal oath during the Article 32 hearing, to hacking (Title 18 Identity Theft) into both my email and a personal website

The court says that is the "proof" that I some how touched 1LTCH...no sexual penetration...no body fluids...just a fake chat (which CID never asked Yahoo to verify (electronic forensics) - which is common place in a professional civilian investigation...they never even searched my home to verify the physical description 1LTCH gave...there was NO INVESTIGATION done in my case...

It's ALL a LIE...

The US ARMY continues to ignore 30+ years of HIV science and medicine...ignoring the FACTS of what it takes to remotely expose a person to HIV...

They are ignoring study after study documenting the RISKS of HIV...that an alleged one time sexual encounter without any penetration or body fluids is a ZERO RISK of exposure...

They just hear an allegation of gay sex and HIV, and without ANY investigation or evidence - wham - I am guilty... 26+ years of service to my country all gone...

Let me be BLUNT...I DID NOT TOUCH 1LTCH...I would NEVER touch 1LTCH...MY family was there and was witness to everything...we welcomed this sick young man into our home...this fear/homophobia assuming that if you are gay you must have sex with anything and anyone is reprehensible...there was no sexual ANYTHING with him...
and yet the US Army destroyed a career and a family.

The US Army court says the "chat" and 1LTCH 4+ years later saying he was bleeding from his anus as all the "proof" they need to convict...its enough to affirm an aggravated assault charge for HIV exposure....and a wrongful sexual contact because 1LTCH says he used a douche hose in my house...which did not exist...and again to remind everyone my FAMILY was in the house and testified that 1LTCH was NEVER alone with any of us...physical witnesses all called liars...

3 dogs...2 weimaraners and a poodle were in the house sleeping in our bedrooms...for my fellow dog owners...there is no freaking way anyone came up to the 2nd floor without all hell breaking loose!  Right?

SO lets get past the FACT there isn't any evidence...

Lets remind everyone that I volunteered for both a polygraph and phylogenetic testing to PROVE that my HIV virus is NOT the same as 1LTCH...but the US Army Commanding General and Staff Judge Advocate for the Military District of Washington denied ALL of that...DENIED evidence that would PROVE my INNOCENCE...

Lets remind everyone that 1LTCH has a CDC form interview 15 pages long of random and anonymous sex acts from May 2008 to May 2009...that is BEFORE and AFTER the18 hours he was with my family on 28 December 2008...and lets remind people that 1LTCH told CID in his sworn statement the was was told my HIV status by Adam Potter BEFORE he was introduced to me to be a mentor to help him get ready for his initial deployment to Iraq...and subsequently volunteered to get out of the Army telling the world on FACEBOOK that he received his "EMANCIPATION" when he received his discharge...a real warrior right?

Can you tell I'm pissed off?  After all this time to find out the extent that uniformed Army JAG officers went to FABRICATE a case based on a blatant FALSE ALLEGATION...the extent they went to DENY evidence...the extent they went to THREATEN a civilian to say things at a trial...

Yes, I want my LIFE back...but I am never going to STOP until the process which allowed this to happen is CHANGED and this can NEVER happen to another service member...

This case is/has done more damage than ANYTHING they will try and say I did...

The homophobia and HIV stigma that is at the corner stone of my case, has now uncovered and demonstrated the utter lengths bigots and hateful people, in uniform, will and did go to FABRICATE a case against me.

I can't thank Elliot enough for finding the strength and courage to come forward.