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