Tag Archives: code of conduct

Bob McCarty Weekly Recap: Aug. 16-22, 2015

Though it’s been quite a while since I offered a weekly recap, I think one is in order this week as I tackled subjects ranging from 2016 presidential candidates to the revisiting a case of military injustice.

Weekly Recap Aug. 16-22, 2015

On Tuesday, I shared news about a milestone six years in the making. In Sixth Anniversary of Military Injustice Observed, I reminded readers of the basics of the wrongful prosecution and conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart inside a U.S. Army courtroom in Germany during three days in August 2009.

Later that day, I used a headline to ask a question — Did Man’s Confession Save Parents Who Failed Polygraph? — before sharing news about a case I first reported four years ago which should make people think twice about relying upon century-old polygraph technology.

On Wednesday, I warned about the potential impact the release of thousands of AshleyMadison.com (sorry, but no link today) customer records might have on national security. For details, see Military, Government Security Clearance Holders Vulnerable to Blackmail After Hackers Share Ashley Madison Data.

Within hours, I pointed readers to my piece, Though Facing Possibility of Life Sentence on Bogus Charges, Green Beret Refused to Violate Code of Conduct During Trial, about how the Green Beret mentioned in my post one day earlier had displayed extraordinary courage while on trial and facing a possible life sentence.

On Thursday, I shared a message from a former Army colleague of Kelly A. Stewart, the Green Beret about whom I had written two pieces earlier in the week. That colleague said Stewart ‘Always Had Our Backs’.

Also that day, I shared a Facebook note about another case of military injustice involving former Army 1LT Michael C. Behenna, about whom I wrote dozens of pieces over the years. It appears under the headline, Throwback Thursday: Is Army Protecting Someone in Officer’s Chain of Command?

On Friday, I responded to Secretary of Defense Ash Carter‘s invitation to ask him a question in advance of his Worldwide Troop Talk, set to take place Sept. 1. You can read my response to his invitation in my piece, Secretary of Defense Invites Me to Ask Questions.

Before ending the day, I shared guest writer Paul R. Hollrah’s piece, Donald Trump: A Watershed Moment in History, as a way to show what the former member of the Electoral College thinks about what’s at stake in the 2016 presidential election.

Now, as Bugs Bunny used to say, “That’s all folks!”

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

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Though Facing Possibility of Life Sentence on Bogus Charges, Green Beret Refused to Violate Code of Conduct During Trial

On trial for his freedom and facing the possibility of a life sentence six years ago, Army Sgt. 1st Class Kelly A. Stewart refused to violate his Code of Conduct as a member of the Army’s elite Special Forces unit known as the Green Berets.

Kelly A. Stewart returns from a mission in Iraq.

Kelly A. Stewart returns from a mission in Iraq.

At one point during his two-day trial inside a U.S. military courtroom in Germany, the trial counsel asked Stewart questions about friendships he had established in Germany since his August 2008 arrival in the Stuttgart area. Soon after, the highly-decorated combat veteran’s time on the witness stand turned into a somewhat-heated exchange during which it appeared the trial counsel was trying to paint Stewart as a master manipulator whose Special Forces training helped him know how to control a person like his accuser.

Stewart’s accuser was a then-28-year-old German woman. On Nov. 7, 2008, she accused him of having raped and kidnapped her two and a half months earlier during a one-night stand that ended in his hotel room in Sindelfingen, Germany. Nine months after he was charged, Stewart found himself convicted at court-martial on multiple charges — including kidnapping, forcible sodomy and aggravated sexual assault of a woman — based almost entirely on the testimony of his accuser.

Below is an excerpt from my first nonfiction book, Three Days In August, in which I chronicle the life story, wrongful prosecution and wrongful conviction of Stewart. In it, I highlight the exchange between Stewart and the trial counsel that shows how the accused soldier refused to violate his Code of Conduct [Note: CDC = Criminal Defense Counsel; TC = Trial Counsel; MJ = Military Judge; WIT = Witness; SERE = Survival, Evasion, Resistance, Escape Training]:

Q. And you were brought to Germany to be an instructor in the survival division?
A. Yes, sir.

Q. And you would consider yourself a–this is somewhat subjective, but a highly trained soldier being a Special Forces soldier?
A. Can you repeat the question, sir?

Q. Being a Special Forces soldier, you would consider yourself highly trained? You have more training than the average soldier in combat-type stuff?
A. Sir, I can’t talk about other soldiers, for instance, the panel is here, their experiences versus mine, I’m not qualified to talk about–

Q. I’m not asking–
A. –I can tell you that I have training in the United States Army.

Q. You don’t consider yourself highly trained?
A. I consider myself trained by the Army, sir.

Q. Okay, you’ve gone through the “Q” Course?
A. Yes, sir, I have.

Q. You’ve gone to the Target Interdiction Course?
A. Yes, I have.

Q. And that trained you how to be a sniper?
A. Yes, sir.

Q. Have you gone through SERE training?
A. Yes, I have, sir.

Q. And not just SERE training, but the high-risk SERE training?
A. Yes, sir, I have.

Q. And that course–those courses are all fairly intense, right?
A. Yes, sir,

Q. Much more intense than your basic training, AIT, your average BNCOC/ANCOC-type courses, is that correct?
A. Any discussions on the details of my training–

Q. Just asking if they’re intense, Sergeant.
A. Sir, I’m trying to answer the question. Any details or my opinions about any of the training that I have attended in the United States Special Forces Qualification Course, I’m not authorized to discuss with you. Now, if in closed session, the judge would like to ask me those questions, I might be able to discuss it with him, but I myself have been instructed, and I have a PAO guy, any of my training I’m not at liberty to discuss with anybody.

Q. So you can’t say that those courses are mentally challenging?
A. I think any courses in the United States Army are mentally challenging, sir.

Q. You can’t say that they’re psychologically tough?
A. I think Basic Training was psychologically tough on me, sir.

Q. Now I pulled this off of the internet, this is open-source information I’m going to ask you about.
A. Okay, sir.

CDC: Objection, Your Honor, to that testimony by the government.

TC: I’m not getting answers to my questions, Your Honor, I’ve got to preface–if he’s going to refuse to answer my questions, I’ve got to tell him where I’m getting this stuff if he’s going to invoke his Special Forces training to prevent him from answering questions or policy, I’m sorry.

MJ: Objection overruled. Ask the question.

Q. At the SERE course you’re taught how to resist violent captors, is that correct?
A. Again, sir, unless I’m authorized by the (Special Operations Command Europe) Public Affairs Officer, I can’t discuss the training that I received at the SERE-level C School.

Q. You’re taught how to resist torture?
A. Again, sir–

Q. We’re going to go through this, so, that’s fine–
A. No, again, sir, I don’t know what I’m authorized to discuss with you because I’m not the releasing authority of my training.

Q. I got this off of Wikipedia.com.

CDC: Objection, Your Honor, that is not evidence before the court, that is merely an assertion by counsel.

Click on image above to order book.

Click on image above to order book.

TC: And the accused will not answer my questions.

MJ: Objection sustained. Ask the question, if the accused answers he answers.

Q. You were taught how to resist torture?
A. I was taught to resist and to return with honor.

Q. You were taught how to resist interrogation techniques?
A. Again, I was taught to resist and to return with honor.

Q. You were taught to resist exploitation, isn’t that correct?
A. I was taught to return with honor, sir.

Q. And you were taught how to combat psychological ploys of your captors, isn’t that correct?
A. Could you rephrase the question, sir?

Q. You were taught how to combat psychological ploys of your captor?
A. Again, any teachings, techniques, plans, or policies that that school has I’m not authorized to discuss with anybody in here, because this is an open forum.

WIT: And if the questions are going to continue down that road, Your Honor, I’d ask that it be at a closed session because currently we are in an open session with an open court and I am not the approving authority or the releasing authority of the information or training that I received there.

The above is only one snippet from his military trial. To learn more, read the other articles I’ve written about the case and read some of the endorsements of the book. To fully understand why I remain so passionate about wanting to see justice for this TOP ONE PERCENT SOLDIER, you’ll have to read the whole book. Three Days In August​ is available in paperback and eBook at Amazon.com. Signed copies are available as well.

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. Thanks in advance!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Though Facing Possibility of Life Sentence on Bogus Charges, Green Beret Refused to Violate Code of Conduct During Trial

On trial for his freedom and facing the possibility of a life sentence five years ago this month, Army Sgt. 1st Class Kelly A. Stewart refused to violate his Code of Conduct as a member of the Army’s elite Special Forces unit known as the Green Berets.

Kelly A. Stewart on a mission in Iraq.

Kelly A. Stewart on a mission in Iraq.

At one point during his two-day court-martial five years ago, the trial counsel asked Stewart questions about friendships he had established in Germany since his August 2008 arrival in the Stuttgart area. Soon after, the highly-decorated combat veteran‘s time on the witness stand turned into a somewhat-heated exchange during which it appeared the trial counsel was trying to paint Stewart as a master manipulator whose Special Forces training helped him know how to control a person like his accuser.

Stewart’s accuser was a then-28-year-old German woman. On Nov. 7, 2008, she accused him of having raped and kidnapped her two and a half months earlier during a one-night stand that ended in his hotel room in Sindelfingen, Germany. Nine months after he was charged, Stewart found himself convicted at court-martial on multiple charges — including kidnapping, forcible sodomy and aggravated sexual assault of a woman — based almost entirely on the testimony of his accuser.

TDIA_KAS_Hotel_Book

Below is an excerpt from my first nonfiction book, Three Days In August, in which I chronicle the life story and wrongful prosecution/conviction of Stewart. In it, I highlight the exchange between Stewart and the trial counsel that shows how the accused soldier refused to violate his Code of Conduct [Note: CDC = Criminal Defense Counsel; TC = Trial Counsel; MJ = Military Judge; WIT = Witness; SERE = Survival, Evasion, Resistance, Escape Training]:

Q. And you were brought to Germany to be an instructor in the survival division?
A. Yes, sir.

Q. And you would consider yourself a–this is somewhat subjective, but a highly trained soldier being a Special Forces soldier?
A. Can you repeat the question, sir?

Q. Being a Special Forces soldier, you would consider yourself highly trained? You have more training than the average soldier in combat-type stuff?
A. Sir, I can’t talk about other soldiers, for instance, the panel is here, their experiences versus mine, I’m not qualified to talk about–

Q. I’m not asking–
A. –I can tell you that I have training in the United States Army.

Q. You don’t consider yourself highly trained?
A. I consider myself trained by the Army, sir.

Q. Okay, you’ve gone through the “Q” Course?
A. Yes, sir, I have.

Kelly A. Stewart is one of the Green Berets shown in this undated unit photo.

Kelly A. Stewart is one of the Green Berets shown in this undated unit photo.

Q. You’ve gone to the Target Interdiction Course?
A. Yes, I have.

Q. And that trained you how to be a sniper?
A. Yes, sir.

Q. Have you gone through SERE training?
A. Yes, I have, sir.

Q. And not just SERE training, but the high-risk SERE training?
A. Yes, sir, I have.

Q. And that course–those courses are all fairly intense, right?
A. Yes, sir,

Q. Much more intense than your basic training, AIT, your average BNCOC/ANCOC-type courses, is that correct?
A. Any discussions on the details of my training–

Q. Just asking if they’re intense, Sergeant.
A. Sir, I’m trying to answer the question. Any details or my opinions about any of the training that I have attended in the United States Special Forces Qualification Course, I’m not authorized to discuss with you. Now, if in closed session, the judge would like to ask me those questions, I might be able to discuss it with him, but I myself have been instructed, and I have a PAO guy, any of my training I’m not at liberty to discuss with anybody.

Q. So you can’t say that those courses are mentally challenging?
A. I think any courses in the United States Army are mentally challenging, sir.

Q. You can’t say that they’re psychologically tough?
A. I think Basic Training was psychologically tough on me, sir.

Q. Now I pulled this off of the internet, this is open-source information I’m going to ask you about.
A. Okay, sir.

CDC: Objection, Your Honor, to that testimony by the government.

TC: I’m not getting answers to my questions, Your Honor, I’ve got to preface–if he’s going to refuse to answer my questions, I’ve got to tell him where I’m getting this stuff if he’s going to invoke his Special Forces training to prevent him from answering questions or policy, I’m sorry.

MJ: Objection overruled. Ask the question.

Q. At the SERE course you’re taught how to resist violent captors, is that correct?
A. Again, sir, unless I’m authorized by the (Special Operations Command Europe) Public Affairs Officer, I can’t discuss the training that I received at the SERE-level C School.

Q. You’re taught how to resist torture?
A. Again, sir–

Q. We’re going to go through this, so, that’s fine–
A. No, again, sir, I don’t know what I’m authorized to discuss with you because I’m not the releasing authority of my training.

Q. I got this off of Wikipedia.com.

CDC: Objection, Your Honor, that is not evidence before the court, that is merely an assertion by counsel.

Click image above to order book.

Click image above to order book.

TC: And the accused will not answer my questions.

MJ: Objection sustained. Ask the question, if the accused answers he answers.

Q. You were taught how to resist torture?
A. I was taught to resist and to return with honor.

Q. You were taught how to resist interrogation techniques?
A. Again, I was taught to resist and to return with honor.

Q. You were taught to resist exploitation, isn’t that correct?
A. I was taught to return with honor, sir.

Q. And you were taught how to combat psychological ploys of your captors, isn’t that correct?
A. Could you rephrase the question, sir?

Q. You were taught how to combat psychological ploys of your captor?
A. Again, any teachings, techniques, plans, or policies that that school has I’m not authorized to discuss with anybody in here, because this is an open forum.

WIT: And if the questions are going to continue down that road, Your Honor, I’d ask that it be at a closed session because currently we are in an open session with an open court and I am not the approving authority or the releasing authority of the information or training that I received there.

The above is only one snippet from his military trial. To read other posts about the book, click here. For the complete story of Sergeant Stewart’s battle for military justice, order a copy of Three Days In August.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.