Parents of Imprisoned Army Officer Send Update

EDITOR’S NOTE: I’ve been following the case of Army Ranger 1st Lt. Michael Behenna since 2009. In addition, I wrote a book, Three Days In August, about Army Sgt. 1st Class Kelly A. Stewart, another wrongfully-convicted man he befriended while both served time behind the walls of the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan. Today, I share an email update (below) from Lieutenant Behenna’s parents, Scott and Vicki Behenna:

Clockwise from upper left:  Michael's family; Michael; Michael as a youngster; and Michael and his girlfriend, Shannon.

Clockwise from upper left: Michael’s family; Michael as a Soldier; Michael as a youngster; and Michael and his girlfriend, Shannon.

To all the thousands of Michael supporters,

Michael’s case, including the Petition, the Government Response, and the Reply to the Government Response, is now complete and before the Supreme Court. The Supremes have set Michael’s case to be initially discussed at their conference on May 30th which is ironically during the 50th Anniversary of Brady vs Maryland (the Supreme Court case demanding that prosecutors disclose all beneficial information to the criminally accused). During the conference, four out of the nine Supreme Court Justices must vote to hear the case in order to grant certiorari. If certiorari is granted in Michael’s case it would be the first time the Supremes would have granted a service member’s appeal from the Court of Appeals for the Armed Forces (CAAF). Needless to say, anxiousness will abound for the next few weeks and prayers are certainly welcome. We should have the Court’s decision sometime during the first week of June. If the Court grants certiorari, Michael’s case would proceed through a briefing process, oral arguments, and a decision by the Supreme Court hopefully before the end of the year.

We can’t thank you enough for all the encouraging cards and letters that you sent to Michael for his birthday. As Michael told us this past weekend it is these cards and letters that help him navigate the sometimes helpless and hopeless thoughts that have haunted him these past four years behind prison walls. He reads every card and letter sent to him, but given his prison schedule of work, exercise time, meals and early lights out he unfortunately does not have time to send out very many thank you notes. For this he sends his apologies and hopes a day will come soon when he can thank all of you in person.

If you did not see the Mother’s Day tribute to Vicki last Sunday in the Oklahoman, hopefully the attached video and article will describe the huge appreciation we have for all your support and what your individual words of encouragement have meant to Michael and our whole family.

Vicki’s Mother’s Day Video

Vicki’s Mother’s Day Article

Bless you all for your support of our son,

Scott & Vicki Behenna
DefendMichael.com

I pray for this young man’s swift release.

"Three Days In August" by Bob McCarty BobHeadshotSmall TCM Cover LR 4-10-13

Bob McCarty is the author of two nonfiction books, Three Days In August and THE CLAPPER MEMO. Both are available in paperback and ebook formats at Amazon.com.

Flag Officers Back Supreme Court Brief Filed on Behalf of Lieutenant Michael Behenna

Thirty-seven retired high-ranking military officers, including a former Chief of Naval Operations, signed an Amicus Brief submitted to the U.S. Supreme Court Feb. 27 in support of Army Ranger 1st Lt. Michael Behenna.  An Edmond, Okla., native, Lieutenant Behenna is serving 15-years behind bars at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., for killing a known Al-Qaeda operative in Iraq.

Army Ranger 1st Lt. Michael Behenna SCOTUS Amicus Brief

Click image to download document (pdf)

Early on, the 31-page brief raises an important question — that is, whether a servicemember in a combat zone categorically forfeits the right to self-defense as a matter of law by pointing a firearm without authorization at a suspected enemy.  In the case of Lieutenant Behenna, he admitted during his court-martial that he shot Ali Mansur in self-defense.  And therein lies the rub.

Behenna SCOTUS Question PresentedThe brief’s conclusion section (below) makes a clear argument, stating that Lieutenant Behenna deserves some punishment, but not what he received, and, more importantly, a new trial:

Lieutenant Behenna’s unauthorized actions in a combat zone were a serious breach of military discipline and for that reason he should be subject to appropriate disciplinary action under the (Uniform Code of Military Justice).  But in so acting without authorization, he did not forfeit his right to self-defense.  This Court should grant the petition for certiorari, reverse the (Court of Appeals of the Armed Forces), and remand to allow a new court-martial panel to consider Lieutenant Behennas’s claim that he acted in self-defense, including evidence unlawfully withheld by the prosecution corroborating that claim.

At the same time as I’m pleased with this document, I remain disappointed that its authors made no mention of the colossal failure of leadership among officers in Lieutenant Behenna’s chain of command.  That failure, a subject I tackled in a post Aug. 20, 2012, allowed him to be put in a position from which nothing good could result.

To read any of the more than 60 posts I’ve written about the lieutenant’s case since June 4, 2009, click here.

EDITOR’S NOTE:  Lieutenant Behenna and Army Sgt. 1st Class Kelly A. Stewart, the man whose life story is chronicled in my book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, became good friends behind bars at Fort Leavenworth.

"Three Days In August" by Bob McCarty BobHeadshotSmall NewBookCover LR 2-17-2013

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. It chronicles the life and wrongful conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart. His second book, THE CLAPPER MEMO, is coming soon.

Comparing Messages Sent by Accusers — DoD War on Men

Today, as part of my continuing series about the Department of Defense War on Men, I compare the handling of evidence in military court-martial cases to the handling of similar evidence during the prosecution of a civilian sexual assault case making news in Ohio West Virginia.

ABC News broadcast a story today about the case of two Steubenville, Ohio W.Va., high school football players who stand accused of sexually assaulting a 16-year-old girl while she was drunk at an “alcohol-fueled party” the night of Aug. 11, 2012. If the report is reliable, then it appears prosecutors will rely heavily upon text messages and mobile phone photos exchanged by party attendees — and, perhaps, others — as they pursue guilty verdicts against the 16- and 17-year-old boys who stand accused.

Kelly Stewart returns from a mission in Iraq.

Kelly Stewart returns from a mission in Iraq.

Army Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose life story and wrongful conviction are chronicled in my book, Three Days In August, probably would have benefited from having members of his court-martial panel made aware of some text messages sent by his accuser. But it didn’t happen. Instead, the highly-decorated combat veteran was convicted of a handful of sexual assault-related crimes and sentenced to eight years confinement at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan.

Several months later, however, Sergeant Stewart’s defense team had the rare opportunity to present new testimony during a post-trial hearing in Germany. During that hearing, many people testified, essentially calling out the 28-year-old German woman who had accused the Solider of raping and kidnapping her in his Stuttgart hotel room as a liar.

Did it get him a new trial? No.

Not even the testimony of Tamara Buehler, a woman who had known the accuser for more than 10 years as a friend, housemate and employer, earned him a new trial. She reported receiving a text message from the accuser within 24 hours of the night she spent with Sergeant Stewart.

In the text message, Buehler said, the accuser described a lecherous night during which she “found my master.” Of course, she took this to mean that there was sex of the sadomasochist type and noted that there was no talk of something happening that the accuser did not like. And that wasn’t all! Buehler also stated that the accuser had claimed her encounter with Sergeant Stewart was “great SEX.”

Incredibly, the military judge ignored the testimony of Buehler and several others who combined to paint a portrait of the accuser as a woman who had had sex with at least two more men between the day she met Sergeant Stewart and the start of the court-martial proceedings. Her testimony takes on additional weight when one realizes the accuser had testified during the trial that she could no longer be around men after her night with the Soldier. More details here.

U.S. Army Brig. Gen. Jeffrey A. Sinclair, the deputy commanding general of support with the 82nd Airborne Division and Regional Command-South, speaks with Afghan media outside of a school near Forward Operating Base Howz-e-Madad in Kandahar, Afghanistan, Nov. 16, 2011. Sinclair was attending an open house, where Afghan students received backpacks full of school supplies. (U.S. Army photo by Sgt. Amanda Hils/Released)

U.S. Army Brig. Gen. Jeffrey A. Sinclair, the deputy commanding general of support with the 82nd Airborne Division and Regional Command-South, speaks with Afghan media outside of a school near Forward Operating Base Howz-e-Madad in Kandahar, Afghanistan, Nov. 16, 2011. (U.S. Army photo by Sgt. Amanda Hils/Released)

Now to a more recent case — that of Brig. Gen. Jeffrey A. Sinclair; if he receives the same treatment as Sergeant Stewart, he’s likely to receive an even longer prison sentence.

In what appears to be a smart move, however, General Sinclair’s defense team has gone on the offensive, launching a website, Sinclair Innocence, where one can read important details about the case which, for the most part, seems to be going unreported by mainstream news media outlets.

Under the tab, The Truth Behind the Case, several questions appear along with answers that tilt in favor of the accused general. Two paragraphs from the bottom of the page, links to journal entries and text messages — described as having been sent by the accuser to General Sinclair — appear to reveal much about the consensual nature of their relationship. If genuine, the documents also seem to shed much light on the mental state of the general’s accuser.

While it will be interesting to see how the case of the high school football players turns out, I will be more interested in General Sinclair’s case, hoping to see evidence of fairness and truth in the midst of DoD’s War on Men.

"Three Days In August" by Bob McCarty BobHeadshotSmall NewBookCover LR 2-17-2013

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, THE CLAPPER MEMO, is coming soon.

Army Investigation Report: Afghan Vetting Process Flawed

Nine months ago, I used a headline to ask the question, Who Am I To Complain About Waiting 90 Days for Info? What followed the headline was a piece in which I offered a glimpse of what it’s like to obtain unclassified information from Department of Defense agencies not eager to give it up. Today, I share even more details in the form of an excerpt from my soon-to-be-published second nonfiction book, THE CLAPPER MEMO. Slightly modified for publication, it offers a detailed look at a document which took Dante and Carolyn Acosta more than nine months to obtain. The text of the excerpt appears below in blue.

Jingle Truck

Spc. Ramiro Bojorquez, a combat medic with the 82nd Airborne Division’s 1st Brigade Combat Team, watches a brightly decorated “jingle truck” pass along Afghanistan’s Highway 1 in Ghazni province while he and follow paratroopers patrol the area April 20, 2012. (U.S. Army photo by Sgt. Michael J. MacLeod).

Even those who pay scant attention to the daily news have likely heard about the “Green-on-Blue” attacks taking place in Afghanistan.

Insidious by nature, each attack involves at least one Afghan who, while serving in an official capacity as a uniform-wearing member of an Afghan government organization (i.e., military, police or security), turns against the very foreigners alongside whom he works and/or trains.

Often, the attacks involve the use of small arms fire.  On occasion, however, they take the form of suicide attacks or involve the use of improvised explosive devices (IEDs) and/or other deadly measures.

Though the people behind the attacks target Americans more often than any other nationalities, they remain willing to kill others — even Afghans — with whom they disagree. “Equal opportunity killers” seems an apt description.

When it comes to the colorful label initially applied to the attacks, “Green” refers to supposedly-friendly members of the Afghan National Security Force (ANSF) and Afghan Security Group (ASG), and “Blue” the color associated with members of the International Security Assistance Force (ISAF) members (a.k.a., “the good guys”).

For some six years now, reports about Green-on-Blue attacks in Afghanistan have surfaced in the news on a regular basis — sometimes daily — in the United States. One of those attacks took place March 19, 2011.

At approximately 8 a.m., members of 4th Squadron, 2nd Stryker Cavalry Regiment (4/2 SCR TAC) were cleaning their weapons while gathered around their Stryker armored fighting vehicles outside the Tactical Operations Center (TOC) at Forward Operating Base (FOB) Frontenac, located about 20 minutes north of Kandahar by helicopter.

It wasn’t their usual place for cleaning weapons, but the Soldiers had been told they had additional time to prepare for a mission that would take them outside the confines of the ISAF outpost in the Arghandab River valley north of Kandahar. So they cleaned. Out in the open. Ramps down. Inside the entry-controlled environment of the FOB.

At about the same time, a convoy of large and colorful “jingle trucks” arrived at the FOB.

Commonly used by contractors in Afghanistan and Pakistan and known for the jingle sound made by chains hanging from their bumpers, the customized vehicles were received at the entry control point and escorted to a container area next to the TOC.

Those doing the escorting that day were employees of Tundra Security Group, a private security company based in Canada, who had been hired to provide both base defense security and a Quick Reaction Force at the FOB.

Soon after the jingle trucks arrived, 4/2 members found themselves under attack.
At 19 minutes after the hour, according to the 14-page Army Regulation 15-6 Investigation Report produced April 14, 2011, an armed Afghan employee of Tundra moved toward the Soldiers, drew his weapon and began shooting at the American Soldiers.

Facing what was described as “well-aimed automatic fire,” the majority of Soldiers immediately dropped to the ground and began seeking cover toward the front ends of their vehicles. With their weapons disassembled for cleaning, most had no immediate means to defend themselves.

Two soldiers — a specialist and a captain — took actions that would be highlighted in the report.

Upon realizing he and his fellow Soldiers were under attack, the specialist — who had his weapon assembled, but not loaded — immediately moved between the Strykers and some nearby T-Walls (a.k.a., “Bremer walls”). Once behind a section of the 12-foot-high, portable, steel-reinforced walls, he began loading his weapon.

At the same time, the Afghan continued firing, expending all of his rounds as he moved deliberately around the vehicles toward where the remaining Soldiers had sought cover. Then he reloaded and continued his approach toward those Soldiers.

Before the Afghan could fire another shot, however, he came into the field of view of the specialist who, with gun now assembled and loaded, fired a well-aimed shot.

Though the Afghan assailant’s body armor kept that shot from doing damage, it didn’t stop the shots that followed — into his hip, shoulder and head — and dropped the man to the ground.

And it didn’t stop the final shot, fired by the captain when he saw the Afghan still moving, still posing a threat.

Despite the heroic actions of the American Soldiers described above, two of the unit’s men — Corporal Donald Mickler, 29, a native of Dayton, Ohio, and Private First Class Rudy Acosta, 19, of Santa Clarita Valley, California — died from injuries they suffered during the attack. Four others were injured.

Also killed that day was the Afghan assailant, a Tundra employee, Shia Ahmed.

Ahmed’s coworkers later described him as having been a reserved, quiet individual who had revealed no clear indications prior to the attack that he was about to do anything, according to the report.

During the weeks following the attack, the investigating officer — an Army major whose name, like the other Soldiers who survived the attack, was redacted from the copy of the investigation report I obtained — learned Ahmed had a history of animosity toward American Soldiers. A history that included using aliases.

“Most significant,” the major wrote on page one of his report, “Shia Ahmed had expressed intentions to target US Soldiers.”

Deeper into his report, the investigating officer pointed out several flaws in the process via which Afghans like Ahmed were vetted (i.e., screened) prior to working alongside American and other coalition forces (CF) personnel.

In addition, he described some of the policies defining duties and responsibilities for vetting as “vague and confusing.”

In the final section of his report, the investigating officer used a half-dozen paragraphs to recommend “a larger comprehensive investigation be initiated to examine the vetting and screening procedures across Afghanistan.”

TCM Graphic 2-17-13To learn more about the flawed vetting process and up-to-date details about the flawed decision-making behind it, be sure to order a copy of THE CLAPPER MEMO when it goes on sale this spring.

To receive the latest updates about THE CLAPPER MEMO, subscribe to the book’s website feed by clicking here. The book should hit booksellers everywhere this spring.

"Three Days In August" by Bob McCarty BobHeadshotSmall NewBookCover LR 2-17-2013

Meanwhile, be sure to order a copy of my first nonfiction book, Three Days In August, which chronicles the life and wrongful conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart. More details about it are available at ThreeDaysInAugust.com.

Army 15-6 Investigation Report Proves Elusive

Obtaining a copy of the Army Regulation 15-6 Investigation Report prepared after Army Ranger 1st Lt. Michael Behenna shot and killed a known Al-Qaeda terrorist in Iraq is proving impossible.

Is Army Protecting...Since July 19, I’ve tried unsuccessfully to obtain a copy of the 15-6 report from Freedom of Information Act officials at the Army Criminal Investigation Command Crime Records Center at Quantico, Va., at the Army’s primary FOIA office at Fort Belvoir, Va., and at Fort Campbell, Ky., home to the Army’s 101st Airborne Infantry Division, parent command of the 1st Battalion, 327th Infantry Regiment to which Lieutenant Behenna’s 18-member Delta Company, 5th Platoon belonged.

After realizing no success with any of the agencies listed above, I contacted an official at the Crime Records Center and asked her to review the estimated 874 pages of the Report of Investigation that her agency was willing to provide me and see if the 15-6 report was among the documents included.  She told me it was not and suggested I contact FOIA officials at Army Central Command (USARCENT), located at Shaw Air Force Base, S.C.

On Dec. 10, I forwarded a FOIA request to USARCENT, seeking the 15-6.  Yesterday, 35 days later, I received a reply from Col. Rodney L. Lightfoot, Deputy Assistant Chief of Staff at Third Army/United States Army Central Command.  He wrote:

This letter is the final response to your Freedom of Information Act (FOIA) request dated December 10, 2012.  Your request was for a copy of the Army Regulation 15-6 investigation report that was prepared following a shooting incident that took place May 16, 2008 in Iraq.  The shooting incident involved Army 1LT Michael C. Behenna and the person who was killed, an Iraqi citizen by the name of Ali Mansur.

In response to your FOIA request, our agency conducted an extensive search for records. No records were found in search of the information being requested. No fees have been assessed for this action.

Again, I’m left asking the question, “Is the Army protecting someone in the chain of command?”  Meanwhile, Lieutenant Behenna remains behind bars at Fort Leavenworth, serving a 15-year sentence for killing a known Al-Qaeda operative in self-defense.

15-6 FOIA Ltr

Click to enlarge.

UPDATE 1/23/2013 at 8:30 a.m. Central:  Yesterday, I received written confirmation of this coverup in the form of a registered letter (shown at right) from Colonel Lightfoot at USARCENT.

Related:  Army Officer’s Attorneys File Supreme Court Petition (UPDATED)

"Three Days In August" Promotional PhotoBob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, The CLAPPER MEMO, is coming soon.

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Army Officer’s Attorneys File Supreme Court Petition (UPDATED)

I’m not an attorney, but it appears a new team of those legal experts has filed a petition with the U.S. Supreme Court on behalf of former Army Ranger 1LT Michael C. Behenna, an Edmond, Okla., native about whose case I’ve written more than 60 posts since June 4, 2009.

NewsOk Behenna 1-7-13

Click to link to NewsOk.com article.

Today, according to a report at NewsOK.com, the five-attorney team’s petition argued that the Court of Appeals for the Armed Forces, the top military appeals court, issued a wrong and dangerous decision last year when it confirmed Lieutenant Behenna’s conviction of unpremeditated murder in a combat zone.  If the report is accurate, the attorneys appear to have overlooked and/or ignored at least three key items crucial to this officer’s defense.

GENERAL AUSTIN’S MEMO

Lt Gen Austin Memo Pg 1 10-23-08

Page 1 of Memo

Apparently ignored was a two-page memo I obtained from a confidential source in December 2009.  It concerns the declassification of information that was to be used in two courts-martial, one of which was U.S. vs. Behenna, that contained information about Ali Mansur, the Iraqi man Lieutenant Behenna admitted killing in self-defense.

Dated Oct. 28, 2008, and marked “For Official Use Only,” the memo was signed by Army Lt. Gen. Lloyd J. Austin III, then-commanding general of the Multi-National Force-Iraq, and outlined specific intelligence information about Al-Qa’ida operatives in Iraq.  It contains two descriptive sections of information as well as a “recommendation” section.

The first descriptive section (below) is dated April 27, 2008.  Because it contains portions of other documents, it appears to not follow in alphabetic or numerical order:

SUMMARY:  ON 20 APRIL 2008, MEMBERS OF THE AL-QA’IDA IN IRAQ IMPROVISED EXPLOSIVE DEVICES CELL CONDUCTED AN IMPROVISED EXPLOSIVE DEVICE ATTACK ON THE COALITION FORCES CONVOY IN THE VICINITY OF SALAM VILLAGE, SALAH AD DIN PROVINCE, IRAQ.

TEXT:  20 APRIL 2008, ADIL ARAK ((DAHIR)) TNU, SA’ID ARAK ((DAHIR)) TNU.  KANAN FANNR ((THARTHAR)) TNU, SAHAB THARTHAR ((MUTLAK)) TNU, AND ARIF HAMID (AFFAN)) TNU EMPLACED AN IED AT SALAH AD DIN PROVINCE, IRAQ.

2.  THE FOLLOWING INDIVIDUALS ARE MEMBERS OF THE AL-QA’IDA IN IRAQ IED CELL OPERATING IN SALAM VILLAGE, AND ALBU TOMA SALAH AD DIN PROVINCE –

A.  ADIL ARAK IS THE LEADER THE AL-QA’IDA IN IRAQ IED CELL.  ADIL MAKES AND EMPLACES IEDS.  ARAK RESIDES IN SALAM VILLAGE.

F.  ALI MANSUR TRANSPORTS EXPLOSIVES AND INFORM ADIL ABOUT THE CF PRESENCE IN THE AREA.  ALI IS AN IRAQI POLICEMAN WORKING AT THE THP IRAQI POLICE STATION IN ALBU TOMA.

Lt Gen Austin Memo Pg 2 10-23-08

Page 2 of memo.

It’s important to note that Mansur’s name appears in paragraph “F” above.  Beginning at the bottom of page one of the memo and continuing at the top of page two, Mansur is identified as one who transports explosives and informs Adil Arak, the leader of the Al-Qa’ida In Iraq IED Cell.

The second section is dated May 18, 2008, and contains a subject line — “INSURGENT CELL IN ALBU TOMA, SALAH AD DIN PROVINCE, IRAQ (U)” — followed by two paragraphs of text that appear not to be directly related to Lieutenant Behenna’s case.  They are followed by two sections in which it is explained that numerous intelligence and security officials recommended the information listed above be declassified.

THE FORENSIC EXPERT IGNORED

Culvert 3 Low-Rez

Click to view story, Photos Show Scene Where Trail of Injustice Began.

Also apparently ignored by the attorneys was the military justice system’s serial refusal to consider the input of a forensic expert who examined the evidence in the deadly shooting incident and concluded that, yes, Lieutenant Behenna acted in self-defense.

Details of his never-heard-in-court testimony can be found in two articles — Army Officer Kills Al-Qaeda Operative, Imprisoned After Prosecutors Ignore Own Expert Witness and Photos Show Scene Where Trail of Injustice Began — I published Dec. 7, 2009, and Feb. 10, 2010, respectively.

A COLOSSAL FAILURE OF LEADERSHIP

Finally, the attorneys appear to have ignored a colossal failure of Army leadership that allowed Lieutenant Behenna to be put in a position from which only bad outcomes could, and did, result.

I highlighted details of that failure in an Aug. 20, 2012, post, Is Army Protecting Someone in Officer’s Chain of Command?  An excerpt appears below:

While I realize Army officials cannot allow junior officers to get away with willfully disobeying lawful orders, I also realize someone in Lieutenant Behenna’s chain of command dropped the ball when he ordered the then-24-year-old officer to escort Mansur back to his hometown.

Why?

Because the Iraqi policeman was a prime suspect in an improvised explosive device attack two weeks earlier that had killed two members of Behenna’s platoon.  But that’s not all!

When Mansur was in custody and being questioned about his terror activities, four different Army intelligence officers reportedly failed to ask the Iraqi about the IED attack, about a threatening phone call he allegedly made to Behenna, about another attempted attack months earlier, and about several trips he had made to Syria.

While consideration of any one of the three items listed above should have derailed the prosecution’s case against Lieutenant Behenna, the combination of the three should have slammed the door on efforts to railroad this young officer.  Instead, he sits behind bars at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., serving a 15-year sentence.

UPDATE:  Since July 19, 2012, I’ve tried to use the federal Freedom of Information Act to obtain a copy of the Army Regulation 15-6 Investigation Report (AR 15-6) from the Army about the incident involving Lieutenant Behenna.  As of this morning, when I contacted FOIA officials at Army Central Command, I am still waiting for a copy of the report.  Sadly, it seems, no one in the Army can find a copy of the report.  More details appear in the post mentioned in the second paragraph of the “LEADERSHIP FAILURE” section above.

UPDATE 1/08/2013 at 10:14 a.m. Central:  I owe an apology to the attorneys representing Lieutenant Behenna at the Supreme Court level.  It appears I jumped the gun and assumed that NewsOk.com’s failure to mention the crucial elements highlighted above, which I deemed necessary for the petition to succeed, meant that the attorneys also failed to include them in the petition.  Since publishing this post, I was able to obtain a copy of the petition and see I was wrong when I doubted the attorneys.

UPDATE 1/29/2013 at 5:30 p.m. Central:  The U.S. Supreme Court has asked the U.S. Justice Department to respond to the appeal filed by 1st Lt. Michael Behenna, who is seeking to have his conviction of unpremeditated murder in a combat zone overturned, according to a news report today.

"Three Days In August" Promotional PhotoBob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, The CLAPPER MEMO, is coming soon.

Today, I Had Lunch With a Sniper

Today, I had the good fortune of being able to enjoy a good meal and good conversation with a man who used to be, among other things, a Level 1 sniper and member of the Army’s elite Special Forces fraternity, the Green Berets.

L-R: Kelly A. Stewart and Bob McCarty.

Though I had communicated with former Army Sgt. 1st Class Kelly A. Stewart, the man whose life story — including a wrongful conviction in a military court-martial — is chronicled in my book, Three Days In August.

Though I had communicated with Stewart countless times during the past three years, today’s meal at a Cracker Barrel Country Store in the St. Louis area marked the first time Stewart and I were able to meet in person. It became possible as a result of Stewart passing through Missouri on the return leg of a cross-country trek to visit family.

Worth noting: After spending more than two hours across the table from him, I’m convinced more than ever before that he is the victim of military justice gone awry.

To read the never-before-published details about Stewart’s wrongful conviction, read the book, Three Days In August. Based on 18 months of research, interviews with the key players and access to the actual Record of Trial, this book is available in paperback and ebook via most online booksellers, including Amazon.com.  To visit the book website, click here.