Tag Archives: Army Lawyer Surfaces in New Bogus Prosecution Effort

Civilian Attorney Uses Two-Pronged Approach to Help Army Prosecutors Convict Client’s Ex-‘Spouse’ of Sexual Assault

Sources tell me a Kentucky defense attorney is not only trying to get a local prosecutor disqualified from the case in which her client is set to stand trial Oct. 22 on a charge of bigamy, but she’s also trying to get her client’s trial date pushed back until after a military trial begins at Fort Campbell, Ky. Not surprisingly, her efforts could have a serious impact on that military trial.

Thirty Days of Hell

Click on image above to read “Thirty Days of Hell in the Life of an Accused Army Officer.”

During a pre-trial conference Wednesday, Hopkinsville, Ky., public defender Brandi Jones argued before Christian County Judge Andrew Self that Katherine (Garber) Foster, an assistant county prosecutor, should be disqualified from the case involving her client, because Foster testified during a military hearing Sept. 21-22.

What does Foster’s testimony during a military hearing have to do with her prosecution of a case in civilian court?  For starters, Jones’ client in civilian court is also the woman behind allegations of sexual assault and abuse that could land her “ex-spouse,” Army Maj. Christian “Kit” Martin, in prison for 58 years* if found guilty during a military trial set to begin Dec. 1.

As explained in an article Sept. 27, Foster offered two salient pieces of testimony during the military hearing held at the post that serves as home to the vaunted 101st Airborne Division:

Foster testified she had been contacted in October and November 2014 by two of the Army attorneys involved in prosecuting Major Martin: Maj. Jacob D. Bashore, the special victims prosecutor who was the subject of my Aug. 27 article, Army Lawyer Surfaces in New Bogus Prosecution Effort; and Capt. James P. Garrett, the lead prosecutor; and

Foster told the court she had felt pressured by both officers to drop her bigamy case against Major Martin’s accuser who, it turns out, appears to have never gotten a divorce from the father of her two youngest children before she married the major.

Despite Foster’s testimony, Col. Andrew Glass, the military judge overseeing Major Martin’s case, denied the defense motion concerning prosecutorial misconduct. A surprise? Hardly. He’s the same judge who denied the vast majority of witness requests made by Major Martin’s attorneys. But I digress.

In addition to seeking Foster’s removal from the case, Jones asked Judge Self to give her additional time to review her client’s case.

Why would Jones ask the judge to delay delivery of swift justice to her client? Because her client, if found guilty prior to Major Martin’s military trial, might be called as a witness during that trial and be forced to wear an orange jumpsuit — or the Kentucky equivalent of that if orange isn’t the Bluegrass State’s color of choice for fashionable incarceration — while on the witness stand.

Would the military judge allow such a spectacle — a witness in an orange jumpsuit — in his court room? Probably not, because everyone knows convicted felons are not considered very trustworthy witnesses, and the leadership at Fort Campbell has a reputation to uphold.

CLOSING NOTE: On Monday afternoon, I submitted a Freedom of Information Act request to the Staff Judge Advocate’s office at Fort Campbell. Of course, they were not in the office due to it being a holiday (i.e., Columbus Day). I do hope, however, that they’ll jump on my request today and provide me with the items included in my request. That is, any and all print and/or electronic communications, including, but not limited to handwritten and computer-generated notes, letters, email messages and text messages, between any individual(s) assigned to the Staff Judge Advocate staff at Fort Campbell, Kentucky, including but not limited to Major Bashore, Captain Garrett, Major Jenny S. Whyte-Schlack and any civilian attorney(s) and/or their associates representing Major Martin’s accuser, an alleged bigamist known by several different names, in legal matters in Christian County.

Stay tuned for more details, and thanks in advance for reading and sharing the article above and those to follow. Please show your support of my work by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here.

*UPDATE: After publishing this article, I learned Army prosecutors agreed to limit any possible punishment in this case to 10 years. A sign they have a weak case?”

UPDATE 12/7/2015 at 8:24 a.m. Central: A military judge continued the military trial date for Army Maj. Christian “Kit” Martin to sometime in March 2016, though no specific date has been set.

UPDATE 12/10/2015 at 11:12 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

‘Thirty Days of Hell in the Life of an Accused Army Officer’

It became obvious Monday that “THE FIX IS IN” for Maj. Christian “Kit” Martin as the Army’s marches forward with its prosecution of the Regular Army officer on allegations he sexual assaulted and abused members of his family. Below, I offer a recap of my coverage of his case. Let’s call it “Thirty Days of Hell in the Life of an Accused Army Officer.”

Thirty Days of Hell

Though Major Martin’s “living hell” has been going on for more than three years, I only became aware of it after seeing a familiar name, Jacob D. Bashore, associated with his case.

On Aug. 27, I published a short piece — the first of 27 pieces — under the headline, Army Lawyer Surfaces in New Bogus Prosecution Effort.

After interviewing the 47 year old via Skype Sept. 2, I knew he would need the public’s help to get some form of military justice. The next day, I issued a plea under the headline, Soldier Facing 58 Years In Prison Needs Your Help! In addition, I promised I would provide more details.

In keeping my promise, I went “full tilt” on his case Sept. 4, beginning with a summary post, Army Soldier-Aviator Faces Possible 58-Year Sentence As Pentagon’s Sexual Assault Witch Hunt Seeks New Victim, in which I thought I had covered all of the major details of the story. In addition, I published the first three of 11 video clips from the aforementioned interview:

Gen. Raymont T. Odierno, USA Ret.

Gen. Raymont T. Odierno, USA Ret.

In an officer evaluation at Fort Lewis, Wash., several years ago, then-LTC Raymond T. Odierno described then-1LT Martin as a “top of the line” officer of “unquestionable integrity.” In video clip #1, I ask Major Martin how it felt as a young officer to receive such high praise from the man who would go on to become a four-star general and serve as chief of staff of the Army. It stands as a snippet of a more-serious conversation about his upcoming court-martial.

In video clip #2, Major Martin talks about his life before he signed on the dotted line.

In video clip #3, Major Martin talks about what it’s like to have had what many might consider a “dream job” — flying the world’s most-sophisticated attack helicopters and using weapons that “go boom.”

On Sept. 5, I published three more interview segments:

Major Martin and his first wife divorced amicably, and he maintains good relationships with her — now remarried — and their three children. After the divorce, he met a woman online. In video clip #4, he tells me about the early days of his relationship with the woman who would later accuse him of horrendous crimes.

Major Martin went to war three times and lived to tell about it. In video clip #5, however, he describes the beginning of another kind of battle he’s fighting, this time with the woman he thought was his legal wife. It’s a battle that reached the boiling point soon after he was assigned to the vaunted 101st Airborne Division at Fort Campbell, Ky.

Major Martin accomplished a lot while wearing an Army uniform. Not only is he an elite Army Ranger, but he is a master Army aviator as well, having racked up some 1,000 hours of combat flying time, including 500 while using night-vision gear. In video clip #6, he describes what happened in his life after the woman he considered his legal wife went to the FBI and told agents he was an international spy.

Somehow, up until today, I had, for some inexplicable reason, overlooked publishing the seventh video in the series. So here it is:

In video clip #7, Major Martin and I discuss a second set of allegations made against him by the woman he considered his legal wife.

I published two more video installments Sept. 6:

Facing the toughest battle of his lifetime, Major Martin had the nerve to contact members of Congress after realizing the Army investigation into sexual assault allegations against him had turned into a witch hunt with him as the prey. In video clip #8, the veteran of three combat tours in Iraq describes the backlash that followed.

In a previous clip, I shared details about the backlash Major Martin felt after contacting members of Congress about the unfair prosecution he was enduring as a victim of the Pentagon’s sexual assault witch hunt. In video clip #9, he describes how then-Brig. Gen. Mark R. Stammer, acting commanding general at Fort Campbell at the time, reacted to two of his subordinates telling him they didn’t think the charges against Major Martin should go forward.

The last two videos went “live” Sept. 7:

Major Martin told me he asked his second wife for a divorce in 2012, and she retaliated by making unfounded allegations against him. During the years that followed, multiple investigations found no wrongdoing on his part, but that didn’t stop the man known as “Stammer the Hammer” from ordering him to face a court-martial. In video clip #10, the distinguished graduate of the University of Nebraska-Omaha ROTC program shares his thoughts about whether intense political pressure forced the general into taking the unwarranted action against him.

In video clip #11, the major reveals what his private investigators found that prompted officials in two states to file their own charges against his accuser. In addition, he reveals what Army investigators did in response.

Maj. Gen. Mark R. Stammer, gives Secretary of State John Kerry a tour of Camp Lemonnier, Djibouti, May 6.

Maj. Gen. Mark R. Stammer, gives Secretary of State John Kerry a tour of Camp Lemonnier, Djibouti, May 6.

Via email Sept. 8, I contacted now-Major General Stammer — yes, he received a promotion after decided to send Major Martin to trial (coincidence?) — at his new headquarters in the East African nation of Djibouti where he serves as commander of Africa Command‘s Combined Joint Task Force Horn of Africa. I asked him to explain his decision to prosecute, and he responded as I suspected he would.

On Sept. 9, I offered an up-to-date summary of my coverage under the headline, If You’ve Ever Known An American Soldier….

In a piece published Sept. 10, I highlighted two topics, unlawful command influence and prosecutorial misconduct, as reasons cited by Major Martin’s defense team for the charges against their client to be dismissed. One day later, I added more fuel to the fire of the defense argument in a piece under the headline, Attorneys Cite President’s Unlawful Command Influence, Seek Dismissal of Charges Against Army Helicopter Pilot.

On Sept. 15, I described how members of the national news media, politically-active filmmakers and attorneys are willing to overlook facts in order to promote an agenda. Inadvertently, I left out slimy politicians like Sen. Claire McCaskill (D-MO) and Sen. Kristen Gillibrand (D-NY). My mistake. The story, however, remains worth reading for those who like to deal in facts and truth. See Lies, Damned Lies and Statistics Used as Weapons Against Honorable Military Men in Sexual Assault Witch Hunt.

On Sept. 17, I shared details of a 754-word letter written by Major Martin’s sister and sent via email to General Stammer. Unfortunately, the well-written electronic letter only seems to have stoked the general’s anger. Within hours of receiving the letter, he was in contact with Army prosecutors who, in turn, began harassing Major Martin’s letter-writing sister.

On Sept. 20, I shared news that backs up claims that Major Martin’s accuser can’t be relied upon to tell the truth. The news appeared beneath the headline, Reportedly Decapitated in Logging Accident Almost 19 Years Ago, Man Ready to Testify on Behalf of Accused Army Officer.

News about Major Martin’s trial date being pushed back to Dec. 1 was the least interesting of several topics that surfaced Sept. 21 and 22. It was during a two-day hearing that Col. Andrew Glass, the military judge, heard arguments from attorneys on both sides regarding whether unlawful command influence and/or prosecutorial misconduct had tainted the case against Major Martin.

On Sept. 26, I published my first piece of hearing-related news which focused on the credibility of Major Martin’s accuser. The matter came to the fore when her older sister told the court via phone she did not want to testify and had no opinion as to her sister’s credibility. After that, the defense immediately played an audio recording on which the sister could be clearly heard telling a private investigator that her younger sister — again, Major Martin’s accuser — had been “untruthful since childhood,” had a propensity for making up stories for no apparent reason and could not be believed.

The words above appeared in an email from Maj. Jacob D. Bashore to the local prosecutor, Katherine Foster.

The words above appeared in an email from Maj. Jacob D. Bashore to the local prosecutor, Katherine Foster. Click on image above to read story.

On Sept. 27, I shared two more pieces of news from the hearing. The first appeared under the headline, Local Prosecutor Says Fort Campbell Counterparts Tried to Pressure Her to Drop Charge Against Army Officer’s Accuser. The second appeared under the headline, Prosecutors Accused of Misconduct, Breach in Controversial Sexual Assault Case Against Army Officer at Fort Campbell.

On Sept. 28, while waiting for Colonel Glass to rule on the two topics –unlawful command influence and prosecutorial misconduct — that were the subject of the two-day hearing, I shared another previously-unmentioned tidbit about about how the vast majority of defense witness requests were inexplicably denied by the military judge.

Later the same day, I shared more troubling news under the headline, The Fix Is In: Army Judge Denies Defense Motion Concerning Unlawful Command Influence, Prosecutorial Misconduct. Despite the fact the defense seemed to have presented strong cases for both unlawful command influence and prosecutorial misconduct, Colonel Glass denied the defense motion that both elements were present in the case.

YOUR CALL TO ACTION

To show people in charge of this kangaroo court-martial effort how you feel about the case against Major Martin, contact your elected officials as well as the officials listed below and let them know the prosecution of this Soldier, who’s already been cleared of wrongdoing by multiple investigations, needs to end immediately:

Maj. Gen. Mark R. Stammer
c/o CJTF-HOA Public Affairs Office
Phone: +253 21-359-523
Email: africom.cldj.cjtf-hoa.mbx.public-affairs@mail.mil

Maj. Gen. Gary Volesky
c/o 101st Airborne Division
Bldg. 2700, Indiana Avenue
Fort Campbell, KY 42223
(270) 798-3025
Email: usarmy.campbell.93-sig-bde.list.public-website@mail.mil

Mr. Ashton Carter
Secretary of Defense
1400 Defense Pentagon
Washington, DC 20301-1400
https://kb.defense.gov/app/ask

Mr. Jon T. Rymer
Inspector General
U. S. Department of Defense
4800 Mark Center Drive
Alexandria, VA 22350-1500

John M. McHugh
Secretary of the Army
1400 Defense Pentagon
Washington, DC 20301-1400

General Mark A. Milley
Chief of Staff, United States Army
1400 Defense Pentagon
Washington, DC 20301-1400

Senator Rand Paul
167 Russell Senate Office Building
Washington DC, 20510
(202) 224-4343
http://www.paul.senate.gov/connect/email-rand

Senator Mitch McConnell
317 Russell Senate Office Building
Washington DC 20510
(202) 224-2541
http://www.mcconnell.senate.gov/public/index.cfm?p=ContactForm

Senator Lamar Alexander
455 Dirksen Senate Office Building
Washington, DC 20510
(202) 224-4944
http://www.alexander.senate.gov/public/index.cfm/email

Senator Bob Corker
425 Dirksen Senate Office Building
Washington DC 20510
(202) 224-3344
http://www.corker.senate.gov/public/index.cfm/emailme

COMING SOON: I’ll share comments from a civilian defense attorney who handles military clients. In short, he tells me Fort Campbell has become a choice location for Army prosecutors who are “venue shopping” — that is, looking for prosecution-friendly environments in which to practice their craft.

Stay tuned for more details, and thanks in advance for reading and sharing the article above and those to follow, and please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here.

UPDATE 12/7/2015 at 8:25 a.m. Central: A military judge continued the military trial date for Army Maj. Christian “Kit” Martin to sometime in March 2016, though no specific date has been set.

UPDATE 12/10/2015 at 11:14 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Local Prosecutor Says Fort Campbell Counterparts Tried to Pressure Her to Drop Charge Against Army Officer’s Accuser

Days after publishing a brief article about the hearing that took place Monday and Tuesday inside a military courtroom at Fort Campbell, Ky., I’m able to share more details about what took place as a military judge heard from attorneys on both sides about whether unlawful command influence and prosecutorial misconduct have tainted the prosecution of Army Maj. Christian “Kit” Martin. This is Part Two of a three-part series.

Maj. Christian “Kit” Martin stands in front of his AH-64D Apache Longbow helicopter in Balad, Iraq, in 2008. Though he’s piloted a many of the U.S. Army’s most-sophisticated attack helicopters, nothing prepared him for his battle with the military justice system.

Maj. Christian “Kit” Martin stands in front of his AH-64D Apache Longbow helicopter in Balad, Iraq, in 2008. Though he’s piloted a many of the U.S. Army’s most-sophisticated attack helicopters, nothing prepared him for his battle with the military justice system.

First, some background: Major Martin, 47, is an Army Ranger and attack helicopter pilot with a distinguished 29-year military career — including three combat tours in Iraq — under his belt. Soon after telling his “wife” he wanted a divorce, he found himself the target of serious allegations and multiple criminal investigations followed during the next three years. Today, he faces the possibility of 58 years in prison if convicted on the most recent charges stemming from his ex-wife’s allegations of sexual assault and abuse. Because there is much more to it than I can share in one paragraph, I recommend you read the overview article about the case published Sept. 4 before you read any further.

The Article 39A hearing, essentially a pre-trial hearing during which the parties hashed out details in advance of having panel members (i.e., jurors) present, began at 8 a.m. with attorneys on both sides meeting alone with Col. Andrew Glass, the military judge.

Ninety minutes later, attorneys began making arguments about potential evidence to be presented and potential witnesses to be called during the upcoming trial. More than four hours of banter and discussion followed until 2 p.m. when the opposing parties took a one-hour break for lunch. After returning to the courtroom, four hours of testimony began.

In the space below, I share details of the hearing based, in part, upon reports obtained from hearing attendees, none of whom happen to represent the prosecution which, to date, has opted to remain silent about the case.

LOCAL CIVILIAN PROSECUTOR TESTIFIES

In addition to the testimony highlighted in Part One of this series, more damning testimony surfaced when defense attorney Katherine Demps questioned Katherine (Garber) Foster, the Commonwealth of Kentucky’s Attorney for Christian County (a.k.a., “the local civilian prosecutor”).

Foster testified Tuesday afternoon that she had been contacted in October and November 2014 by two of the Army attorneys involved in prosecuting Major Martin: Maj. Jacob D. Bashore, the special victims prosecutor who was the subject of my Aug. 27 article, Army Lawyer Surfaces in New Bogus Prosecution Effort; and Capt. James P. Garrett, the lead prosecutor.

Foster also told the court she had felt pressured by both officers to drop her bigamy case against Major Martin’s accuser who, it turns out, appears to have never gotten a divorce from the father of her two youngest children before she married the major.

Regarding Major Bashore, specifically, Foster testified that he had contacted her repeatedly by email and phone.

One example of Major Bashore’s pressure can be found in the wording of an email exchange between Foster and the SVP, a copy of which I obtained. The exchange began with Foster contacting Major Bashore about an Army-related “bigamy and fraud question.” The words of her initial inquiry, stamped Oct. 7, 2014, at 4:19 p.m., appear below with the name of the accuser redacted and only minor formatting modifications:

“Major Bashore, I hope all is well at Fort Campbell! I have a rather interesting case, the victim being a soldier, Major Chris Martin, and his ex-wife, who is charged with bigamy. I am aware that he is under investigation by the military for claims of sexual assault by the ex-wife. Long, long, long story short, I was wondering if the military would ever prosecute the ex-wife for fraud since she obtained military benefits as a spouse while actually being married to another man. Thoughts?”

Barely 24 hours later (Oct. 8, 2014, at 5:04 p.m.), Major Bashore replied as follows:

“Hey, sorry for the delay. Been in trial the last two days. MAJ Martin is being court-martialed for the sexual abuse of his children, for assaulting his children and his former wife, and for some purely military offenses. MAJ Martin seems to be making a cottage industry for himself on being a ‘victim.’ But, no, we couldn’t prosecute the wife even if we wanted to as the military does not have jurisdiction over civilians.”

He closed his email with a telling question:

“Are y’all really going after her?”

Appearing to hold no punches while maintaining her demeanor, Foster replied the following day at 9:13 a.m:

“Yes, sir. Right now she has bigamy charges, and we are also looking to indict her on Tampering with a Witness stemming from her hearing in Family Court in 2012. Although I have only met with (Major Martin’s accuser) in the past and had not spoken with Major Martin until this week, I’ve been aware of their issues for the past two years, and I honestly find her behavior concerning. Major Martin’s attorney has been unsuccessful in finding any certificate for divorce on file in the four different counties in which (Major Martin’s accuser) has alleged that her divorce may have been granted. Additionally, (Major Martin’s accuser) and her attorney have not been able to produce any documents pertaining to a divorce despite repeated requests from Major Martin’s attorney. Judge Fleming annulled the marriage on June 11, 2014, and a finding of fact in that action is that (Major Martin’s accuser) was still married to (name of first husband of Major Martin’s accuser) when she married Major Martin.”

Regarding Captain Garrett, Foster testified she felt he had been “intense” with her and said she was insulted by his demeanor. In addition, she told the court she had spent 45 minutes telling Captain Garrett she had personally witnessed the Sept. 18, 2012, hearing during which Major Martin’s “wife” attempted to obtain an Emergency Protective Order against Major Martin. She told the court she concluded that Major Martin’s accuser was untruthful and had committed witness tampering with her children.

Apparently, Army prosecutors don’t like the local civilian prosecutor’s plan to prosecute Major Martin’s accuser because it weakens their case against the Regular Army officer.

On the second day of the hearing, Captain Garrett was asked why he had contacted Foster and why he should not be held in account for an apparent Brady Violation for waiting 60 days to inform the defense of his communication with Foster.

Worth noting: Major Martin’s attorneys have filed disciplinary complaints against Major Bashore and Captain Garrett in the states of Tennessee and Texas where they are, respectively, licensed to practice law. Also worth noting is the fact that Foster’s testimony seems to dovetail with the information I shared in my aforementioned Sept. 4 article, including news about the arrest of Major Martin’s accuser, her release on $5,000 bond and an Oct. 22 trial date being set for her case.

The local civilian prosecutor wasn’t the only person to testify about having an uncomfortable conversation with Army prosecutors. Two Army officers at Fort Campbell testified about the advice they received from the legal officers.

Maj. Lance Fountain, acting commander of the unit to which Major Martin was assigned, testified that Captain Garrett had advised him to not allow the accused officer to take leave (a.k.a., “earned vacation time”) so that he could meet with his defense attorneys two weeks prior to his first court-martial-related hearing in April 2015. Soon after Major Fountain testified, an audio recording of a conversation between the two majors was played in the courtroom for all to hear. The subject: Captain Garrett and the prosecution team’s efforts to block Major Martin from taking leave since June 2014. According to courtroom insiders, it clearly shows prosecutorial misconduct.

Another officer, Lt. Col. Nickolaus Guran, testified that he, too, had refused to approve some of Major Martin’s leave requests based upon advice from Army prosecutors. In addition, he testified that the major had not received initial written counseling and had not been assigned a duty position until six months after he had been assigned to his battalion.

To read other articles about Major Martin’s case, click here.

Thanks in advance for reading and sharing the article above and those to follow, and please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Bob McCarty Weekly Recap: Aug. 23-29, 2015

Though I produced only a handful of articles during the period, I consider the past week a bountiful one worthy of another weekly recap.

"Green-on-Blue" Casualties: Capt. Matthew D. Roland, 27, and Staff Sgt. Forrest B. Sibley, 31.

“Green-on-Blue” Casualties: Capt. Matthew D. Roland, 27, and Staff Sgt. Forrest B. Sibley, 31.

On Monday, I republished an article under the headline, CODE RED: No Easy Day for Green Beret on Witness Stand. It’s a piece I had shared on the same day two years earlier about Army Sgt. 1st Class Kelly A. Stewart‘s time on the witness stand during his military trial in 2009. Combined with the events that took place before and after the highly-decorated Green Beret combat veteran’s trial, it makes for hair-raising drama inside my first nonfiction book, Three Days In August.

Because financial news was dominating the headlines, I also shared a pertinent excerpt from my first crime-fiction novel, The National Bet, with my Facebook friends on Monday. It includes President Barack Obama saying this:

“So, what does that mean? It means this: if you have an IRA, a 401K, a pension or any other type of retirement plan, it means it will now be held in trust, safe, by the United States Government. And it means you can sleep comfortably tonight knowing it is safe.”

You can read the rest of the piece under the headline, Book Excerpt: Obama Shocks Nation With Executive Order.

On Tuesday, I received life-changing news that will significantly impact my future and my family’s future. Though I cannot reveal details, I can say that it will allow me to continue to write.

Also on Tuesday, I shared a video with my Facebook friends that I had shared with readers of this site seven years earlier. It’s a CNN interview with President Obama’s Kenyan half-brother, George Hussein Onyango Obama, who was living in a hut in a Nairobi slum. I’ll leave it up to you to decide what to make of it.

On Wednesday, I became privy to details about one of the most shocking cases of military injustice ever. As a result, I spent much of that day and the rest of the week digesting dozens of pages of documents. On Thursday, I shared the first details of the case under the headline, Army Lawyer Surfaces in New Bogus Prosecution Effort. You’ll want to stay tuned as I plan to offer extensive pre-trial reporting on the case before it goes to trial in October.

After learning about the “Green-on-Blue” attack deaths of two U.S. Air Force members in Afghanistan Thursday, I recalled the deaths of three young Marines in a similar incident three years earlier. Published Friday, the piece appears under the headline, Preventable ‘Green-on-Blue’ Attack Costs Two American Lives, and points readers to the place where they can learn how such attacks could have been prevented, my second nonfiction book, The Clapper Memo.

For links to other articles of interest as well as photos and commentary, join me on Facebook and Twitter.  Please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here. Thanks in advance!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Army Lawyer Surfaces in New Bogus Prosecution Effort

Though he might be familiar to those in Army legal circles, Maj. Jacob D. Bashore didn’t become known to me until about four years ago when I began investigating the wrongful prosecution and conviction of Army Sgt. 1st Class Kelly A. Stewart. Much to my surprise, his name surfaced again today — and in a similarly-negative context.

This photo shows an Army depiction of court-martial proceedings in progress, but is unrelated to the individuals mentioned in this article.

This photo shows an Army depiction of court-martial proceedings in progress, but is unrelated to the individuals mentioned in this article.

Bashore, whose name appears in an early chapter of my first nonfiction book, Three Days In August, was a captain at the time he appeared on my “radar screen” as the trial counsel who led the prosecution effort against Stewart, a highly-decorated Green Beret combat veteran. What troubled me about his work — and became the reason I wrote the book — was that the prosecution was based almost solely on the false claims of rape and kidnapping made by a then-28-year-old German woman with a history of mental illness.

Despite a complete lack of physical evidence and eyewitnesses, and thanks largely to an inept military judge’s decision to proceed with the case after the accuser and German government officials refused to allow her medical records to be introduced to the court, Captain Bashore managed to win convictions on several lesser counts that resulted in Stewart being sentenced to eight years behind bars. Per the book’s title, that military trial took place during three days in August 2009.

Now, fast forward to today when Major Bashore’s name appeared on my radar as the special victim prosecutor assigned to the case of Maj. Christian “Kit” Martin, an Army officer assigned to the 101st Airborne Division at Fort Campbell, Ky.

Major Martin, who began his military career as an Army private and went on to become an officer and fly a range of attack helicopter missions in combat, is facing dubious allegations that could bring a stunning and disastrous end to his stellar 29-year military career. Moreover, guilty counts on all charges could result in him being sent to prison for 58 years* — a virtual life sentence!

Major Bashore, on the other hand, seems to be pursuing a conviction against Major Martin in much the same way he pursued Stewart six years ago; he seems willing to do and/or say anything to achieve a conviction while satisfying his Army superiors, many of whom seem more focused on keeping liberal politicians — namely U.S. Senators Claire McCaskill (D-Mo.) and Kristen Gillibrand (D-NY), two bought-and-paid-for politicians who’ve apparently refused to read Lindsay L. Rodman’s well-written piece, Fostering Constructive Dialogue on Military Sexual Assault, published in Joint Force Quarterly 69 by National Defense University Press — than on achieving just outcomes inside military courtrooms.

Major Martin, however, is not sitting by idly while the Army constructs the casket inside which his career and freedom might be placed if he’s found guilty during a military trial expected to begin in October. In fact, I learned he’s spent close to $100,000 on lawyers and private investigators so far, and their efforts have turned up some incredible things.

Stay tuned for more details as I review documentation related to this monumental injustice that appears to be taking shape at Fort Campbell.

UPDATE 9/28/2015 at 8:53 a.m. Central: Read more about Major Bashore in this Sept. 27 article, Prosecutors Accused of Misconduct, Breach in Controversial Sexual Assault Case Against Army Officer at Fort Campbell. To read other articles about Major Martin’s case, click here.

UPDATE 9/29/2015 AT 9:17 a.m. Central: Major Bashore’s name also appears in this Sept. 28 article, The Fix Is In: Army Judge Denies Defense Motion Concerning Unlawful Command Influence, Prosecutorial Misconduct.

*UPDATE: After publishing this article, I learned Army prosecutors agreed to limit any possible punishment in this case to 10 years. A sign they have a weak case?”

For links to other articles of interest as well as photos and commentary, join me on Facebook and Twitter.  Please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here. Thanks in advance!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.