Tag Archives: CID

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.

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.

Speaking on condition I not reveal his identity, my confidential source revealed the following:

• Major Martin has a “police dog (not sure what breed)” named “Sarge,” who went ballistic after being awakened around 2 a.m. Thursday. That’s about the same time when, according to one local news report, witnesses told investigators they had heard a noise coming from the area where two badly-burned bodies were found inside a car several hours later.

• Major Martin was working on post early Friday afternoon between 1 and 2 p.m. (Central) when he was picked up by Army Criminal Investigation Command agents who then seized his truck, his papers and his personal computer which, by the way, has served as the “central repository” for his legal defense and contained all of his legal files dating back to Sept. 6, 2013. In short, Army CID agents had access to every piece of paper and file involved in the major’s defense, constituting an incredible breach of attorney-client privilege.

• Photograph evidence exists to show Army prosecutors took files from Major Martin’s home.

• One of the files on Major Martin’s computer is an audio file recorded by the major during a phone conversation between a private investigator hired by the major and a relative of the major’s accuser and ex-wife — yes, the same woman who recently pleaded guilty in Christian County Court Oct. 14 to a felony count of bigamy after it was discovered she was still married to her previous husband at the time she married the major.

• Major Martin was held for 11 hours without food or water in an attempt to break him down after his apprehension by Army CID agents. During that time, Army Major Jacob Bashore, the special victims prosecutor handling the case against the major, reportedly failed to provide honest answers to members of the major’s defense team when, during a nine-hour period Friday, they contacted him repeatedly while in search of information about the major’s whereabouts.

• Major Martin volunteered to provide investigators from the Christian County Sheriff’s Office footage from his home security system’s multiple surveillance cameras that might have recorded events in the neighborhood that evening, but those cameras were removed by Army CID investigators before the sheriff’s officers could access the footage.

In addition to the items highlighted above, my source told told me multiple bodies were found inside the burned-out vehicle, and that was later confirmed by a spokesperson for the Christian County Sheriff’s Office who, according to a news report Monday, said the bodies in the burned-out vehicle were those of Calvin Phillips and his wife, Pam Phillips. The husband and wife lived at the home, across the street and a few doors down from Major Martin’s home, where investigators found the body of another man inside Thursday.  Correction: I misread the news report cited earlier in this paragraph (i.e., Miller says investigators have still not positively identified the body of the male victim found inside the home of Calvin and Pam Phillips at 443 South Main Street in Pembroke. A new news report confirms Calvin Phillips’ body was found inside his home on Main Street.)

According to my source, the man whose body was found at the Phillips home was a man who lived in the neighborhood and was likely to have been called to testify for the defense during Major Martin’s upcoming military trial, set to begin Dec. 1. See correction above.

The Phillips, too, were expected to be called as witnesses during the trial. Why? Because, as I reported in a previous article, Calvin is the man who stood with the major’s accuser in telling the FBI the major was a thief and an international spy. The “evidence” they turned in to the FBI as allegedly belonging to Major Martin consisted of an inoperable laptop computer that turned out to have been out of the Army’s inventory for seven years and several compact discs upon which had been scrawled words intended to indicate the CDs contained classified information.

Though the extremely-serious allegations prompted FBI officials to pass along the information to Army CID investigators, those investigators determined the allegations false after conducting an extensive six-month investigation which, unbeknownst to Major Martin as it was taking place, included surveillance and wiretapping as well as an extensive search of his off-post home.

As things stand now, Major Martin’s military trial is set to begin Dec. 1 at Fort Campbell, Ky., home to the vaunted 101st Airborne Division.

UPDATE 12/7/2015 at 8:17 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 11:11 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

Stay tuned for updates!

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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.

According to a local news report published early Thursday afternoon and updated some 27 hours later, human remains were found in two separate locations in Christian County, Ky., early Thursday morning and people began speculating as to whether or not a connection exists between the prosecution of Major Martin and the individuals found dead.

In another local news report today, a spokesman for the Christian County Sheriff’s Office confirmed that the remains found inside a burned-out vehicle off Rosetown Road on the outskirts of the town of Pembroke, Ky., were those of Calvin and Pam Phillips. Correction: I misread the news report cited earlier in this paragraph (i.e., Miller says investigators have still not positively identified the body of the male victim found inside the home of Calvin and Pam Phillips at 443 South Main Street in Pembroke. A new news report confirms Calvin Phillips’ body was found inside his home on Main Street.)

According to the first news report, local law enforcement officials traced the burned-out car to the Phillips’ home at 443 South Main Street in Pembroke, a town located about 30 minutes north-northeast of Fort Campbell, Ky., home to the vaunted 101st Airborne Division. Soon after, they visited that home and found the body of another person — identified only as a man to date — who appeared to have suffered a gunshot wound to his chest. See correction above.

Perhaps of interest to anyone following the case is the fact Major Martin lives only a few doors down and across the street from the Phillips home. In addition, Calvin Phillips is the man who stood with the major’s accuser and ex-“spouse,” in telling the FBI the major was a thief and an international spy. FYI: I placed the word, spouse, in quotes, because she 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). The “evidence” the pair turned in to the FBI — as allegedly having belonged to Major Martin — consisted of an inoperable laptop computer that turned out to have been out of the Army’s inventory for seven years and several compact discs upon which had been scrawled words intended to indicate the CDs contained classified information.

Not surprisingly, the extremely-serious allegations prompted FBI officials to pass along the information to investigators at Army Criminal Investigation Command. Those officials, in turn, conducted an extensive six-month investigation which, unbeknownst to Major Martin as it was taking place, included surveillance and wiretapping as well as an extensive search of his off-post home. In the end, the allegations were proven to be false.

TIPS RECEIVED

After news broke about the bodies being found in Christian County, I was contacted by an individual at Fort Campbell who, having read my series of articles about Major Martin, informed me the major had been arrested Friday by “CID agents with guns drawn.”

In my effort to confirm whether or not Major Martin had, indeed, been arrested, I fired off the inquiry below to Army LTC Chevelle Thomas, a public affairs officer at Fort Campbell, early Monday afternoon:

Colonel Thomas:

I’d like answers ASAP to the following questions regarding Maj. Christian R. “Kit” Martin, a Soldier assigned to the 101st Airborne Division at Fort Campbell:

1. Is Major Martin under some sort of confinement or “house arrest” at Fort Campbell? If so, please provide details about his current status, the reason(s) for it and the anticipated duration of such confinement.

2. Did investigators with the Army’s Criminal Investigation Division staff at Fort Campbell participate in a search of Major Martin’s off-post home at any time during or since Thursday, Nov. 19, 2015? If so, please describe the reason for CID conducting a search of the major’s residence and their legal justification for the same?

3. Do CID investigators at Fort Campbell consider Major Martin a suspect in any recent off-post deaths, including one at a home in his neighborhood, reported over the weekend? If so, why?

4. Do Army officials plan to move forward with plans to conduct a military trial Dec. 1 with Major Martin as a defendant even though his accuser recently pleaded guilty to one felony count of bigamy in Christian County Court?

I was also contacted by another individual who, after requesting anonymity, told me CID agents joined local law enforcement investigators barely 90 minutes after they had begun searching the Phillips home and remained on scene there, and at the nearby house belonging to the major, as it was searched.

These observations appeared to be confirmed in the second news report which cited a Christian County Sheriff’s Office spokesperson as saying the investigations into the deaths remain in the hands of the Christian County Sheriff and Kentucky State Police, with some assistance from Fort Campbell.

While I wait for a response from Colonel Thomas at Fort Campbell, I point readers to more than three-dozen articles I’ve written during the past four months. They are about Major Martin’s case exclusively or about military justice cases in general. Eleven feature excerpts from a video interview I conducted with Major Martin, a highly-decorated attack helicopter pilot and combat veteran. Others tackle the issues of prosecutorial misconductunlawful command influence and the appearance that many Army officers seem bent on convicting a 29-year veteran despite knowing the allegations were made by a woman who’s life history reveals a pattern of deceit and betrayal.

In my next article, I’ll share many previously-unpublished details about the case that were shared with me by a confidential source close to the investigation. Stay tuned!

UPDATE: See also Is Army Trying to Destroy Officer’s Chance for Fair Trial?

UPDATE #2 11/24/2015 at 9:34 a.m. Central: At 9:10 a.m. today, I received the less-than-forthcoming reply (see below) from Colonel Thomas to my four questions submitted yesterday:

Sir,

Commanders of Fort Campbell have the authority to put administrative limitations within their command.  MAJ Christian Martin is currently pending a General Court Martial for 1-5 Dec 2015 time period. There have been no changes to the docket at this time.

Please refer to the Kentucky State Police Department or the Christian County Police Department for the other questions.

UPDATE #3 11/24/2015 at 4:12 p.m. Central: Approximately 40 minutes ago, I received an update from Colonel Thomas at Fort Campbell. She wrote, “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.” Does this mean the “wheels of justice” might finally be rolling in Major Martin’s direction? Only time will tell.

UPDATE #4 11/25/2015 at 8:59 a.m. Central: I posted a correction in the third paragraph above. It appears in red.

UPDATE 12/7/2015 at 8:17 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 11:11 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

Stay tuned for more!

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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Unlawful Command Influence, Prosecutorial Misconduct Cited as Reasons to Dismiss Charges Against Army Officer

Attorneys representing Maj. Christian “Kit” Martin cited unlawful command influence and prosecutorial misconduct as reasons why all charges against their client, including charges of sexual assault, should be dismissed before their 47-year-old client goes on trial Oct. 12 Dec. 1 at Fort Campbell, Ky. If convicted on all counts, he faces the possibility of being sentenced to 58 years in prison.

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.

Among those alleged to have engaged in unlawful command influence and prosecutorial misconduct, according to the motion to dismiss dated June 28, 2015, is Maj. Gen. Mark R. Stammer, the former acting commanding general at the post who now serves as commander of Africa Command’s Combined Joint Task Force-Horn of Africa in the East African nation, Djibouti. Others named are members of the Army prosecution team and include Special Victim Prosecutor Maj. Jacob D. Bashore, a man who was highlighted recently in a post under the headline, Army Lawyer Surfaces in New Bogus Prosecution Effort, and Capt. James P. Garrett, the lead prosecutor in the case.

Beginning on page 14 of the motion, defense attorneys William L. Summers and R. Tucker Richardson III offer a recap of their UCI argument that focuses on actions taken by then-Brigadier General Stammer (Note: I’ve removed the names of Major Martin’s accuser and her family members. In addition, I’ve deciphered a few Army acronyms as necessary):

The entire case and charges against MAJ Martin are solely the result of undo command influence by BG Mark Stammer as part of his personal agenda to make a name for himself in the current politically charged environment of sexual assault and domestic violence in the military. He has done this continually by repeatedly starting new investigations by new agencies against MAJ Martin and pushing all related allegations to a court martial, regardless of the recommendations of his Article 32 Investigating Officer (IO), Special Victim Prosecutor, lead Prosecutor, Deputy Staff Judge Advocate, and even the recommendations of the alleged “victims.”

A review of MAJ Martin’s timeline shows that all the actions taken against him were done in retribution for his and his family’s Congressional Requests, his Inspector General complaint, and his family and friend’s correspondence and complaints to BG Stammer and his supervisors. The “evidence” against MAJ Martin has been created through dubious and selective means while important facts showing the motives and past history of his ex-“wife” Ms. (accuser and her two aka’s) doing the exact same techniques of using and then “burning” men, like (accuser’s first legal husband and father of accuser’s second and third child), has been ignored. (Accuser’s first legal husband) will testify that after spurious allegations were alleged by (accuser), she took his children, two daughters, and has secreted them for over twelve years. He will testify.

The Fort Campbell Prosecution feloniously interfered in civilian court proceedings in order to try and have MAJ Martin’s “ex’s” pending felony charge of bigamy dismissed in Tennessee and Kentucky courts so that they could continue to prosecute him, a violation of ethics and Posse Comitatus that limits the powers of the federal government in using its military personnel to act as domestic law enforcement (18 U.S.C. § 1385, original at 20 Stat. 152).

In fact MAJ Martin’s entire case has been created and recreated by the Prosecution and Army Criminal Investigation Division when they were ordered to open a third new investigation against him by BG Stammer on 2 April 2014, 18 months after he had separated from (accuser) and after he had previously been cleared by civilian law enforcement, child protective services, civilian court under Judge Flemming, and Army Counter Intelligence (CI).

Army CI conducted a secret six month investigation and surveillance on him based solely upon the accusations of (accuser). They had thoroughly interrogated him and searched his house, with his expressed consent. MAJ Martin later passed a three hour polygraph examination conducted by CI experts flown in from Fort Meade (Sep 19, 2013). At the conclusion of the polygraph MAJ Martin was told by Agent Harris that he “would hear no more about any of his ex’s accusations.” Despite all of this, BG Stammer consistently involved and re-involved himself in MAJ Martin’s case. He had him re-assigned to Headquarters and Headquarters Battery, secretly flagged him, fired him from his position, punished him, had him report daily to a junior officer with no assigned position, and then had MAJ Martin continually reinvestigated over and over again until BG Stammer could get the false statements he needed from (accuser) to justify a court martial.

On 11 July 2014, the charges were reviewed at an Article 32 pre-trial investigation. Despite the Defense not fighting any charges, only recording statements, on 3 August 2014, the investigating officer recommended that none of the sexual charges be referred to a court-martial as there were not reasonable grounds to go forward and witness testimony did not match the timelines and evidence given. The Prosecution then dropped (accuser’s) allegations of rape and sodomy on their own accord, because they knew she was a patently untruthful. Her Article 32 testimony changed repeatedly so often it was obviously a reckless disregard for the truth by her.

Despite this, BG Stammer overruled this recommendation and insisted all allegations should be resolved at a Court Martial. When MAJ Martin was later advised by his attorneys to resign, with the recommendation of the Prosecution including Special Victims Prosecutor MAJ Bashore, the lead prosecutor CPT Garrett, and even the alleged “victims” (accuser and her children), BG Stammer once again overruled them and demanded a Court Martial (EX CC, Memo ).

Maj. Gen. Mark R. Stammer

Maj. Gen. Mark R. Stammer

Further into their motion to dismiss, the defense attorneys highlighted specifics of the alleged UCI violations by General Stammer and prosecutors. Rather than stretch this out to include everything in the 37-page document, I’ll offer some of the allegations as bullet points:

• Acting outside of Army jurisdiction;

• Reassigning Major Martin after he lodged a Congressional inquiry about his situation;

• Launching a second investigation of Major Martin by Military Police Investigations (MPI) after the major had been cleared by a lengthy Army CID investigation;

• Retaliating against Major Martin after being contacted by the major’s father and sister, both Air Force retirees;

• Violating Major Martin’s right to due process;

• Creating a court-martial by initiating a third investigation;

• Witness tampering/obstruction of justice;

• Witness intimidation (at least two instances); and

• Illegal search.

There is much more to come for Major Martin, a man who put on his first military uniform as a private in 1986, marking the beginning of a career that would not only include serving as an Army Ranger, cavalry scout and attack helicopter pilot but also include becoming a Regular Army officer and serving three combat tours in Iraq.

Learn more about Major Martin and his case by reading this story as well as others. After you read them, please SHARE THEM and stay tuned for more updates!

This article was updated to reflect a change in the trial date.

UPDATE 12/7/2015 at 8:27 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 11:15 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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