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.
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