Tag Archives: Captain James P Garrett

Fort Campbell Officials Live Up to Negative Expectations in Response to Freedom of Information Act Request

Two weeks after I submitted a Freedom of Information Act request to Army officials at Fort Campbell, Ky., I received a response today that shows officials at the home of the vaunted 101st Airborne Division lived up to my negative expectations.

The reply to my FOIA request lived up to my low expectations for the Army.

The reply to my FOIA request lived up to my low expectations for the Army.

Shown above, the response letter from Freedom of Information and Privacy Act Officer Valerie M. Florez contained the following paragraph:

The US Army does not have jurisdiction and does not control prosecutions in Hopkinsville or Christian County, Kentucky Courts where [name of Major Martin’s accuser redacted] is facing charges. Perhaps Hopkinsville or Christian County courts may be able to assist you in contacting the correct party or [name of Major Martin’s accuser redacted]‘s attorneys. Any documents or correspondence from or between the military attorneys mentioned are part of an ongoing case involving Major Martin (US vs Martin). Any of this correspondence is exempt from release and would be withheld under Freedom of Information Act Exemption Five, attorney-work product and/or attorney-client privilege.

The letter from Ms. Florez — and particularly the paragraph above — runs 180 degrees counter to what I included in my Oct. 12 FOIA request, the “meat” of which appears below:

To Whom It May Concern:

In accordance with the Freedom of Information Act (5 USC, and Public Law 106-554), I would like to request copies of the following documents from the Staff Judge Advocate at Fort Campbell, Ky:

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 Jacob D. Bashore, Captain James P. Garrett, Major Jenny S. Whyte-Schlack — and any civilian attorney(s) and/or their associates representing accused bigamist [name of Major Martin’s accuser redacted] in legal matters in Christian County, Ky.


Please do not attempt to avoid fulfillment of this request by contending that the items requested are not releasable because they concern ongoing legal matters and/or investigations. I know the U.S. Army has no standing or authority to intervene in Christian County’s civilian prosecution of Ms. [name of Major Martin’s accuser redacted].

Though I made no mention of Maj. Christian “Kit” Martin in my FOIA request, Ms. Florez avoided fulfillment of my request — just as I predicted she might in the third paragraph of my letter — by falsely claiming communications the Army attorneys had with a third party about a case completely unrelated to the prosecution of Major Martin is “exempt from release and would be withheld under Freedom of Information Act Exemption Five, attorney-work product and/or attorney-client privilege.”

In reality, Ms. Florez and her bosses realize that fulfillment of my request will expose the Army lawyers named in the same as having tampered with a civilian legal matter.

Stay tuned for updates on this case and other military justice cases I’m following. Likewise, thanks in advance for reading and sharing the articles above and those to follow. You can show your support and help keep these articles coming 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 10-27-2015 at 9:48 a.m. Central: After I add postage, I will place two envelopes in the U.S. Postal System. The envelopes contain letters in which I call for Secretary of the Army John M. McHugh and Army Chief of Staff Gen. Mark A. Milley to straighten out this FOIA mess.

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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.

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The Fix Is In: Army Judge Denies Defense Motion Concerning Unlawful Command Influence, Prosecutorial Misconduct

Moments ago, I learned the military judge overseeing the Army court-martial of Maj. Christian “Kit” Martin flatly denied a defense motion concerning unlawful command influence and prosecutorial misconduct in the prosecution of the 29-year veteran taking place at Fort Campbell, Ky.

Major Christian "Kit" Martin

Major Christian “Kit” Martin is shown behind his desk in this screengrab from a Skype interview with me earlier this month.

The news came barely 24 hours after I had posted the third of three articles about the recent two-day hearing during which the judge, Col. Andrew Glass, heard arguments from attorneys on both sides about whether unlawful command influence and prosecutorial misconduct had surfaced in the sexual assault prosecution of Major Martin on allegations. In fact, I was only moments away from wiping virtual “egg” off my face over the fact that I had failed to include something important in my reports about the hearing: hearing attendees had told me Colonel Glass had ended the final day of the hearing by admonishing prosecutors to NOT to work on Major Martin’s case until further notice.

Needless to say, I’m troubled by the judge’s ruling.

One would have to assume Colonel Glass was not paying attention to witness testimony, including that of Christian County (Ky.) prosecutor Katherine Foster who told the court that two Army prosecutors — Maj. Jacob D. Bashore, special victim prosecutor, and Capt. James P. Garrett, lead prosecutor tried to pressure her to drop a bigamy charge against Major Martin’s accuser.

Or, perhaps, Colonel Glass fell asleep when the hearing topic turned to Maj. Jenny S. Schlack-Whyte as the subject of her apparent breach of attorney-client privilege arose?

Most likely, the military judge is just another cog in the military justice machine that is under such intense pressure from elected officials — namely Sen. Claire McCaskill (D-MO), Sen. Kristen Gillibrand (D-NY) and others of their ilk — that he decided to protect his own skin and allow the prosecution to continue.

Regardless, now would be a great idea for readers of this article to contact the officials listed at the end of this overview article and share your concerns about the lack of military justice evident in this case and call for an end to the Pentagon’s sexual assault witch hunt so that no more innocent Soldiers go to prison.

Stay tuned for more details. Meanwhile, be sure to read my other articles about Major Martin’s case.

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.

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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.