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.
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