Tag Archives: Attorney Cites ‘Foul Smell in the Air’ Surrounding Effort to Link Army Officer to Multiple Murders Near Fort Campbell

Bob McCarty Weekly Recap: Nov. 29-Dec. 5, 2015

Today, I offer an expanded version of my weekly recap for Nov. 29-Dec. 5, 2015.

Weekly Recap Nov. 29-Dec. 5, 2015

Nov. 29: Nashville’s Fox 17 Omits Key Details From News Reports About Army Officer Caught Up In Murder Investigation — Recent news reports aired on Fox 17 in Nashville might have caused viewers to think Army Maj. Christian “Kit” Martin is the only “person of interest” to investigators trying to find the person(s) responsible for several dead bodies found Nov. 19 in Pembroke, Ky. Why? Because reporter Sabrina Hall omitted many key details in her rush to inform viewers about events in the small town near Fort Campbell.

Nov. 30: Attorney Cites ‘Foul Smell in the Air’ Surrounding Effort to Link Army Officer to Multiple Murders Near Fort Campbell — As Bill Summers tells it, there’s a “foul smell in the air” in Christian County, Ky., and it stems from the way investigators and prosecutors are treating his client after several bodies were found in the small town of Pembroke, 30 minutes north-northeast of Fort Campbell.

Nov. 30: FLASHBACK: A Presidential Candidate Lied to Me in 2011 — Four years ago today, I published a piece about my trust in then-Republican presidential candidate Herman Cain being placed in peril and, eventually, broken more than eight months after I’d asked him a serious question during a phone call. Hoping the 2016 candidates are paying attention, I share it again (only slightly modified for republication).

Nov. 30: Exclusive Interview: Army Officer Fighting Toughest Battle — An elite Army Ranger and master Army aviator, Maj. Christian “Kit” Martin flew some 1,000 hours of combat missions in Iraq. Today, however, the 47-year-old attack helicopter pilot is fighting the toughest battle of his life at home. He shared details of that battle during an exclusive interview Sept. 2. Today, for the first time ever, I share the complete 49-minute version of the interview, complete with on-screen updates.

Dec. 1: Army Prosecutes Officer on Child Abuse Charges After State Officials in Kentucky Declare Charges ‘Unsubstantiated’ — Though officials with the Commonwealth of Kentucky’s Cabinet for Health and Family Services issued a finding Jan. 3, 2013, that allegations of child abuse and/or neglect against Maj. Christian “Kit” Martin were unsubstantiated, Army leaders opted to move forward with the prosecution of the dedicated Soldier, based largely on allegations made by a woman who pleaded guilty in Christian County (Ky.) Court Oct. 14 to a felony charge of bigamy — that is, she admitted to having married Major Martin without telling him she was still married to another man.

Dec. 2: Law-and-Order Veterans ‘Smell A Rat’ at Fort Campbell — During more than four months of reporting on the Army’s misguided prosecution of Maj. Christian “Kit” Martin, I’ve had conversations with many people about the case. Recent interactions with two law-and-order veterans, both of whom will remain unidentified due to the fact they’re frequently involved in military justice cases, are worth sharing as both seem to “smell a rat” at Fort Campbell, Ky.

Dec. 3: FLASHBACK: What Works in Mumbai Might Work in D.C. — While diving into my archives, I came across a piece I wrote and published seven years ago this week. Because direct links to a newspaper report and a public opinion survey cited in the article were “dead,” I replaced them with Wayback Machine links. Considering recent terror events such as the ones in Paris last month and the one in San Bernadino, Calif., yesterday, I think the article remains worth sharing. See if you agree.

Dec. 5: New Video Released: ‘I Do Not Like Barack O’Bam’ — On Friday, I wrapped up production of a new video, “I Do Not Like Barack O’Bam.”  I wrote the copyrighted words for this “slam poetry” effort in March 2011 and only recently decided it was time to combine those words with images to convey my feelings about President Barack Obama. If you’re a conservative and a fan of the late Ted Geisel (“Dr. Seuss”), I think you’ll enjoy it immensely.

BONUS COVERAGE

So busy writing that I didn’t get around to sharing a weekly update two weeks in a row, I’ll try to make up for it below by sharing some of the best pieces from Nov. 15-28, 2015:

Nov. 16: You Can Send Kid to College, But You Can’t Make Him Think — After trying to learn more this weekend about the folks involved in the Million Student March student group, I learned you can send a kid to college, but you can’t make him think.

Nov. 16: Government Funds Program to Develop Voice Stress-Based Vetting Technology Despite Fact Technology Already Exists — Would it surprise you to learn the federal government has been spending millions of dollars to develop a voice stress-based credibility-assessment technology to vet foreign individuals seeking entry into the United States from places like Syria? Hardly. But it might surprise you to learn the money has been spent despite the fact that kind of technology already exists and has proven itself over and over again in places like Afghanistan, Iraqand Guantanamo Bay.

Nov. 21: ‘Tryphorgetin’ Back to Haunt Hillary After 8-Year Hiatus — Eight years ago this month, I was in fairly-regular contact with Bruce Chapman, the part-time producer of short and funny politically-incorrect videos. One of his spots touted the fictitious pharmaceutical product, “Tryphorgetin,” as it poked fun at Hillary Clinton in the fall of 2007 before seeming to disappear from the web after the 2008 elections. Today, it resurfaced in my Facebook feed, and I decided it was worth sharing again as the former first lady, senator and secretary of state makes another run for the White House.

Nov. 23: Guest Writer Says Obama ‘Should Be Forced to Resign’ — Guest writer Paul R. Hollrah explained why, for the good of the people, Barack Obama “should be forced to resign.” It’s a good read.

Nov. 24: Multiple Bodies Found Near Fort Campbell as Army Officer’s Trial on Sexual Assault Charges Only One Week Away — It would be an understatement of epic proportions to say only that things have gotten more interesting since I published the first of more than three-dozen articles related to the efforts of Army’s efforts to prosecute Maj. Christian “Kit” Martin, 47, on sexual assault allegations. Why? Because so much more, including several mysterious deaths, has happened since then.

Nov. 24: Is Army Trying to Destroy Officer’s Chance for Fair Trial? — In a previous report today, I shared an update about the discovery of several dead bodies in Pembroke, Ky., and how Army Criminal Investigation Division agents have made it virtually impossible for Maj. Christian “Kit” Martin to obtain a fair trial as he prepares to fight sexual assault charges levied against him by the Army. Below, I share a treasure trove of disturbing, never-before-published details about recent events in the case.

Nov. 24: Army Officer’s Military Trial Delayed by Military Judge — “MAJ Christian Martin’s General Court Martial has been officially delayed by the military judge as of today.  It has not been re-docketed so there is no new date to report at this time,” wrote Army LTC Chevelle Thomas in an email message I received at 3:22 p.m. Central today.

Nov. 25: Officials Identify Gunshot Victim Found Inside Home While Facebook Comments About Case Appear and Disappear — Two important developments related to the military justice case of Army Maj. Christian “Kit” Martin surfaced during the past 24 hours. Chief among them is that Christian County (Ky.) Sheriff’s Office and Coroner’s Office officials released information about the identity of a shooting victim whose body was found Thursday afternoon inside a home at 443 South Main Street in Pembroke, Ky.

Nov. 28: My Answer Hasn’t Changed After Four Years — Almost every time I give a media interview about my first nonfiction book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, I’m asked why I wrote it. My answer goes something like this: “I believe Sgt. 1st Class Kelly A. Stewart, the man whose life is chronicled in the book, deserves a new trial.” Then I explain why.

UPDATE 12/7/2015 at 8:12 a.m. Central: I failed to include a note that 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 11:08 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

I hope you enjoy my work and will consider purchasing copies of my books as Christmas gifts in order to keep this machine churning out articles you’ll find nowhere else. To learn how to order signed copies, click here. Thanks in advance and Merry Christmas!

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Law-and-Order Veterans ‘Smell A Rat’ at Fort Campbell

During more than four months of reporting on the Army’s misguided prosecution of Maj. Christian “Kit” Martin, I’ve had conversations with many people about the case. Recent interactions with two law-and-order veterans, both of whom will remain unidentified due to the fact they’re frequently involved in military justice cases, are worth sharing as both seem to “smell a rat” at Fort Campbell, Ky.

Socialist Presidential Candidate Bernie Sanders has nothing to do with the Army's prosecution of Maj. Christian "Kit" Martin, but he does seem to match the description one attorney had for the major's "ex-wife" accuser.

Socialist Presidential Candidate Bernie Sanders has nothing to do with the Army’s prosecution of Maj. Christian “Kit” Martin, but he does seem to match the description one attorney had for the major’s “ex-wife” accuser.

On Sept. 27, a well-respected and very-experienced man — and retired big-city homicide detective, to boot — contacted me after reading my article, Attorney Cites ‘Foul Smell in the Air’ Surrounding Effort to Link Army Officer to Multiple Murders Near Fort Campbell, published the same day. His comments appear below:

“It is incredulous that any law enforcement officer of any rank or assignment would not immediately jump on the opportunity to obtain video evidence. In this case, Major Martin had told deputies on scene that he had surveillance cameras and offered that video footage to them. Their refusal to accept the cameras suggests they had already made up their mind, evidently by virtue of what they had been told by the Army that Major Martin was the most likely culprit. It will probably just be a matter of time before the Christian County (Ky.) Sheriff’s Department realizes they have been played by the Army and comes forward with that information.”

Similarly, I received an email message from a military defense attorney with whom I occasionally chat. He asked if I had seen a piece published by Fox 17 in Nashville under the headline, Home, Cars of Fort Campbell Army Major Searched in Connection to Ky. Murders. I replied, telling him I had not seen it yet, and he came back with the comments below about Major Martin, his accuser/ex-“wife” and Maj. Jacob Bashore, the special victims prosecutor overseeing the Army’s prosecution of Major Martin:

“I wouldn’t be surprised if Bashore has (Martin) thrown into pretrial confinement and charged with murder just to muddy him up for the BS rape charge. And this ex-‘wife’ of his sounds like she is ‘batshit crazy,’ so I really hope Christian County is inquiring into her whereabouts on that night. But, if my intuition is on point, they probably won’t.

“On the off chance they do, I really hope the accuser/ex-‘wife’ did it for two reasons: (1) the case against Major Martin will most likely go away; and (2) the SVP would have some serious, serious egg on his face by going along with this woman who appears to have Crystal Magnum qualities. (Crystal Magnum went to jail for killing a man after she falsely accused the Duke Lacrosse players of rape)Similar to my client, (name redacted), it would be a shining example of when law enforcement and prosecutors push to convict innocent men, sometimes innocent people are murdered.”

Coming from guys experienced in criminal investigations and high-stakes trials, the words above should cause every American to take pause. Why? Because men like Major Martin are being charged, tried and convicted far too often based almost solely on allegations made by vengeful women.

I encourage you to read more about Major Martin’s case and other cases of military justice run amok, and then stay tuned for updates as they surface.

UPDATE 12/7/2015 at 8:13 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 11:09 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

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Attorney Cites ‘Foul Smell in the Air’ Surrounding Effort to Link Army Officer to Multiple Murders Near Fort Campbell

As Bill Summers tells it, there’s a “foul smell in the air” in Christian County, Ky., and it stems from the way investigators and prosecutors are treating his client after several bodies were found in the small town of Pembroke, 30 minutes north-northeast of Fort Campbell.

Important Update at End of Article

This photo shows an Army depiction of court-martial proceedings in progress.

This photo shows an Army depiction of court-martial proceedings in progress.

Just before noon Thanksgiving Day, I had the opportunity to speak by phone with Summers, a veteran defense attorney who, along with a team comprised of several talented attorneys, private investigators and others, is helping Army Maj. Christian “Kit” Martin fight allegations made against him by his ex-wife. That woman, by the way, pleaded guilty in Christian County Court Oct. 14 to one felony count of bigamy (i.e., she admitted in court to having married Major Martin without telling him she was still married to another man) only weeks before the major’s military trial — on sexual assault and other allegations she made against him — was scheduled to begin at Fort Campbell.

Though not my first conversation with Summers since I began reporting in August about the prosecution effort that could send Major Martin to prison for as many as 10 years, it was, by far, the most interesting — especially in light of the fact prosecutors, perhaps as a sign of the weakness of their case, are no longer seeking up to 58 years imprisonment to follow a conviction.

Much of our conversation had to do with events that took place Thursday after local law enforcement investigators found human remains were found in a burned-out vehicle on the outskirts of town, and it began with Summers requesting I share his contact information with members of the Fort Campbell-area law enforcement community.

“Give them my cell phone number, 216-538-0135! Tell anyone who wants to speak with me I’ll be at the hotel on post for several more days, but not beyond Dec. 3.”

Why does Summers want them to call? Because, despite the fact officials with the Kentucky State Patrol, Hopkinsville (Ky.) Police Department and Christian County Sheriff’s Department have had his number since Nov. 20, Summers said, he’s “never got a call, telegram or carrier pigeon” request from any of them to talk. Adding insult to injury, he added that he was once left on hold for 45 minutes by Sheriff’s Detective Scott Noiseworthy.

And then our conversation really took off.

Summers relayed how local law enforcement officials traced the burned-out vehicle to Calvin Lee Phillips, 59, and, soon after, began searching his home at 443 South Main Street in Pembroke as well as another across the street, owned by Major Martin. While searching, however, the local officers were not alone.

Army CID Badge

“Army (Criminal Investigation Division) agents arrived on that scene and joined their non-Army colleagues as they searched the first house and, soon after, at Major Martin’s house,” Summers explained. “And that’s the problem! The Commonwealth of Kentucky had a multiple murder over which the U.S. Army had absolutely no authority or jurisdiction. What were they doing there?

“As a matter of law, the Army could never prosecute nor ever have any jurisdiction over him in connection with these off-post murders,” Summers continued. “Only if Major Martin were convicted of something could (the Army) take any action against him, and I have yet to see Commonwealth of Kentucky vs. Christian Martin on any court docket. So, again, why were they allowed in those homes?”

Asked if the presence of Army CID investigators on scene could be justified by the fact Phillips, whose body had been found dead from gunshot wounds inside his home, had partnered with Major Martin’s bigamist ex-wife in trying unsuccessfully to convince the FBI the Army officer was a thief and an international spy, Summers was quick with a response.

“All Law Enforcement personnel know how untouchable everything inside those homes was — especially by CID agents lacking jurisdiction,” Summers explained. “The KSP, Hopkinsville Police and the Christian County Sheriff all know about the scope and breadth of the attorney-client work product privilege and protected confidentiality, and they had to have been told something by CID agents as to why they were interested in the investigation.

“By allowing Army CID agents to enter these houses, especially Major Martin’s place, these local cops made it possible for them to take photos and otherwise gain access to information protected by attorney-client privilege.”

Summers went on to explain Army officials clearly knew they had no authority over the investigation and should not have entered either home. Still, they entered — under the guise of “assisting” their civilian colleagues — and provided “assistance” in the form of seizing Major Martin’s attorney-client privileged personal computer and work papers and removing them from his home.

“Even the dumbest lawyer in the world — and, yes, even Bashore — absolutely knows how sacred all of those items are/were!” Summers said. “They could not even look at the materials that fall under ‘attorney-client privilege,’ and every law enforcement officer on the scene should have known that — especially those in charge!”

Summers’ Bashore reference in the previous paragraph has to do with Army Maj. Jacob Bashore, the special victims prosecutor at Fort Campbell, who is leading the prosecution’s effort to convict Major Martin on nothing more than the word of his bigamist ex-wife. Summers believes the SVP was directly involved in the effort to get CID agents “in the door” of his client’s home.

Taking into account Major Bashore’s own sworn testimony and the sworn testimony of others — including Capt. James P. Garrett, the Army’s lead trial counsel; Katherine Garber-Foster, Christian County assistant prosecutor; and Laura Spencer, Major Martin’s fiancée — during recent months, Summers believes Major Bashore deserves to be kicked out of the Army, lose his law license and be prosecuted for numerous misdeeds he’s committed.

“In my professional opinion, Major Bashore is ruthless, has a reckless disregard for truth and should lose his license to practice law in Tennessee and anywhere else he might try!” he said.

Familiar with the tactics employed in 2009 by then-Captain Bashore during his wrongful 2009 prosecution of Army Sgt. 1st Class Kelly Stewart, I must agree. You can read about those tactics in my first nonfiction book, Three Days In August. But I digress.

In addition to Bashore, Summers pointed his virtual finger at members of local law enforcement for some of their suspicious decision-making.

“We know for sure the (Christian County) Sheriffs Department were offered the security videos of the night after the murders but before the search, and refused,” he told me, referring to security cameras Major Martin had installed on the exterior of home a few doors down and across Main Street from Phillips’ home. “They seized them later with a search warrant! Why not when we offered them?”

Though Summers didn’t come right out and say it, I got the impression he’s concerned about the skill level of investigators who would delay taking possession of items that could, potentially, reveal much about the person(s) making noises that, at around 2 a.m. on the day Phillips’ body was found, caused Major Martin’s dog to, in his words, “wake up and go ballistic.”

The sheriff’s refusal to accept the cameras isn’t the only example of strange behavior on the part of civilian law enforcement. Along with colleagues from the Kentucky State Patrol, Summers said, they’ve refused other offers as well.

“I offered for (Major Martin) and I to sit down with the sheriff and the KSP, but without the Army,” Summers explained, noting the civilian investigators had expressed interest in interviewing Major Martin — but without his lawyer present. “I said, respectfully, he would be glad to appear but only with me present. They said ‘No deal if the Army can’t be part of the interview.’ Naturally, I said, ‘No Army or no interview!’”

Why is Summers so adamant about restricting his client, a 47-year-old attack helicopter pilot who served multiple combat tours in Iraq, to sit-down talks with non-Army investigators only? Because he doesn’t trust anyone associated with the Army’s investigation of his client, especially after seeing firsthand some of the underhanded and unethical legal tactics Major Bashore has employed.

According to Summers, Major Bashore was “exceedingly dishonest” with members of Major Martin’s defense team when, during a nine-hour period on the day after the bodies were found, they asked him multiple times about the major’s whereabouts. Only later did the defense attorney and his colleagues learn their client had been held for 11 hours without food and water at an undisclosed location at Fort Campbell as Army CID agents tried to “break him down.” Worth noting, the career Army officer remained under virtual “house arrest” on post for four days after members of his defense team learned of his whereabouts.

Summers said he will be submitting a motion to the military judge very soon, requesting that a new hearing be held during which he will explain to the military judge why he believes prosecutorial misconduct charges should be brought against Major Bashore and other members of the prosecution team.

Stay tuned for updates as they surface.

UPDATE 12/2/2015 at 8:02 p.m. Central:  According to an evening update to a report in The Leaf-Chronicle newspaper, the Christian County (Ky.) Sheriff’s Office confirmed today that Army CID agents were involved in the search of Major Martin’s home! Therefore, it appears they overstepped their authority and jurisdiction. Stay tuned to see what happens next!

UPDATE 12/7/2015 at 8:15 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 11:09 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

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!

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