I can never thank Gene enough for his love and support as my best friend, neighbor and brother.
Public testimony to the Secretary of the Army Clemency Board on 6 June 2013 -
"My name is Myles K., most often referred to as “Gene”. I am very much honored to speak on
behalf of Lt Colonel Kenneth Pinkela, his friends and his entire family. I have known Ken for nearly 20 years as
a friend, a neighbor and most importantly as extended members of each other’s
families. Today , my
comments are supported by an innumerable amount of people who have written
letters on his behalf, including our former President, Jimmy Carter who having personally known
Ken and his family was quick to write a letter of support to General Linnington to bring attention
to Ken’s circumstances.
Before going any further, I understand the purpose of this
board. I understand that its
purpose is not to retry the case or argue the verdict. However, I also know that the
board is unfamiliar with Ken’s life prior to the court case, including the
circumstances of investigation which led up to this verdict.
The first thing that I implore the board to understand is
that to this day there still remains a painful stigma associated with being and
HIV+. After, Ken’s
diagnosis, I very quickly realized that, despite being an open minded and well
educated individual, I had to abandon a prejudice that I did not know I
held. So for those of who might
possibly hold that same prejudice, let me state this clearly. Ken’s HIV+ conversion was well
documented as resulting from a Good Samaritan Act. Ken came to the assistance of an injured and profusely bleeding individual after a diving
accident in Hawaii. Ken’s
diagnosis was not attributed to unprotected sex or wreckless promiscuity. ( PAUSE)
Please allow that to sink in for a moment, because it speaks volumes to Kens
character and integrity, not only in how he became HIV+ but how it demonstrates
his willingness to come to the aid of a person in dire need, despite the risk
to his own well being.
I am not surprised at Ken’s act of bravery when it came to
rendering assistance. If you were
to know Ken, as I do, you would know that he has a clear and passionate
understanding between right and wrong.
On three separate occasions I personally witnessed this. On one occasion, a woman screamed for
help in the Pentagon City Mall, she had just been robbed by a sizable individual at a cash machine. Ken
helped to tackle the individual until he was subdued and then stayed with woman
calming her until the police arrived.
Like most others that day, he could have just stood, watched and hoped
for the best, but he didn’t, he jumped into action.
On another occasion on Connecticut Avenue, we witnessed an
individual throw a brick through a car window and steal a gym bag. Again, Ken tackled the robber and
although he got away, Ken was able to retrieve the belongings and waited for
the police to arrive as well as the owner of the car to return the belongings
to him. Finally in his most
heroic act, I witnessed Ken, barefoot, chase down a drunk driver who
after crashing his jeep into multiple cars and also destroying personal property,
attempted to flee the scene.
This is the Ken Pinkela, that his neighbors, his family and
his loved one’s all know and have supported through this most difficult
time. You would be extremely hard
pressed to find just one individual who knowing Ken with any level of intimacy,
would believe the verdict that has been rendered against him, nor would they
believe that he deserves a dismissal from the army.
Now, let me speak to what I witnessed and again, I know I
speak with confidence for his family and his friends. From the day Ken was first diagnosed, I saw a man who was
initially devastated by the news, which is very easily understood, but what I
saw more importantly is a man who accepted his HIV + status, and instantly
became a vocal and unrelenting advocate for people with HIV. Ken embraced counseling with a passion,
he routinely reached out to others who were HIV+ and having learned the various
modes of transmission, coached others to protect themselves and to “not take
chances”.
He did this
because he did not want others to go through the shock that he had to
endure. When Ken could have become
a silent victim of his HIV+ status, he instead stood up bravely and publicly acknowledged his status and gave it a “face”. He did so selflessly, openly and honestly. Having witnessed this
personally, I am at an absolute
loss as to how a court or an individual can find that he would deliberately
with hold this information from another and act with any malice that could put
another person at risk. I
witnessed when Ken refused to let another individual put a band aid on a wound
he received in his front yard.
Despite understanding that the simple act of placing a Band-Aid on a cut
finger would not cause transmission of HIV, he simply didn’t want to take the
risk. I cannot imagine that same man willfully engaging in
unprotected sex.
Again, please remember that I have the benefit of knowing
Ken. Being his neighbor I have
been in his home many times.
While I can’t use this board to debate the specifics of the court case,
I can inform the board of information prior to the trial. There was no attempt by the Army’s
criminal investigation unit to protect Ken’s rights, by surveying the scene
where the incident was supposed to have occurred. They did not visit the home. They did not walk into the
bathroom and find that there is more than ten feet of slippery marble flooring
where it would be impossible to assault an Army Ranger in the shower, subdue
him and drag him across that floor. They also did not notice that there are no less than
three possible exits from the room where he was accused of forcing himself upon
this trained Army Ranger. They
did not raise a red flag or pursue charges against an accuser who openly
admitted under Oath to having
hacked into Ken’s email account and the account shared by both he and his
wife. They did not pursue charges
against the accuser who again, under Oath admitted to lying to both the
Criminal Investigation Division and the trial counsel.
At this point, I would simply ask each member of the Board to
remember the term TNTC. It
stands for Too Numerous To Count. (PAUSE)
I was with Ken, when he received a text message one evening,
which basically threatened him and blackmailed him. At first Ken, thought the whole thing was a joke in very
poor taste, but as the texts continued, he realized that there was something
very wrong. He sought my counsel
in a venting style and I remember him saying, “Oh my God, this kid is really twisted he’s trying to black
mail me, followed by, “I need to get in touch with my boss tonight." I
cautioned Ken, to take a deep breathe and to wait until morning, in case this
was some form of a prank. Having known Ken, I honestly thought that someone was just pulling his leg and
went overboard in playing a mean spirited game. The very next day, Ken in the front yard Ken told me
he was on his way to see his boss.
Not understanding the Army, I asked him to wait a day and get a clear
head, but he insisted that it was not something he could wait on. That’s the Ken I know, the Ken who
follows the rules even when inconvenient or painful or in this case a source of
humiliation.
So, I remain in
the unenviable position of trying to demonstrate to all of you, that Ken Pinkela is a man worthy of
Clemency , a man who should not be
dismissed from the military and a man who should be allowed to retire after
almost 26 years. He deserves to be
treated with the same the same integrity that he demonstrated while in the
Army. I am trying to
demonstrate to all of you, that a
lifetime of achievement in the Army has been undermined and jeopardized by one
individual whose motivation I will never understand. And it’s simply not easy. So I need to ask you to remember a time, where out of
the blue, you were accused of something you didn’t do. How did you prove something DIDN’T
happen? I need to appeal to your
sense of compassion and
fairness. This trial was described
by the press as a case where it was “He said – He said” and in many ways that
is true. It was a trial that
without any physical evidence came down to who was more convincing, not
necessarily truthful, but “convincing.” I need you to ask yourself, are you sure that
the next person who visits your home wont you of a crime many months later? I am not sure of this any longer, and neither are people who
have witnessed what has happened to Ken’s life.
Would you know if the next person to enter your home, had a
medical history, or CDC report that stated, “Too numerous To Count” in regards
to the number of sexual partners with whom he or she had unprotected sex?? Ken certainly didn’t know before he let
the accuser into his home, and now he is an anguished man, desperately trying
to hold on to what little he has left-- His dignity and his retirement. Please remember, that if Ken is
dismissed from the military, he loses his medical benefits, he loses access to
medicines that will keep him alive.
He has very little chance of obtaining those benefits in the private
sector, because since he is considered a sex offender, he is likely
unemployable. In addition to his
health, Ken will lose his home and every single thing he has worked hard to
achieve in his life. He will in
fact become a burden on the society that he fought to protect in the theater of
war.
I have heard that it is often customary for an individual
convicted of a crime, to acknowledge guilt as an expectation of their parole
hearing. I am not sure whether
that is a valid statement, but on behalf of all of the people who I represent
here today, his family, friends
and, we all support Ken in his refusal to dishonor himself and admit guilt to a
vile act that he did not commit.
While Ken clearly entered the Army as a person of integrity, he
wholeheartedly embraced the concept of Honor, and it is because of that Honor,
not arrogance, that he cannot humble himself to take the easy way out. He has always held fast to his
convictions.
I ask all of you to consider what I have said, to consider
Kens record before and after this event, including his stellar behavior and
performance while in prison. I ask
you to recommend clemency and to prevent his dismissal from the military."
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