Tag Archives: False Allegations

Wife Offers Details About Wrongly-Accused Husband’s Case

Though I’ve written about many military justice cases involving men fighting false sexual assault allegations, I think the words of those directly impacted by the false allegations and military trials that follow carry more weight. Therefore, I’m sharing the content of a message I received today from a woman who went through the nightmare of her military husband’s court-martial and conviction. For reasons that should become obvious to you as you read her words, the names and personal information have been changed to protect their identities.

Join the fight to help wrongly-convicted men receive military justice.

Shown above with Bob McCarty are (clockwise from upper left): MSgt. Mike Silva, Air Force; Maj. Christian “Kit” Martin, Army; Sgt. 1st Class Kelly Stewart, Army; and Sgt. Todd Knight, Army. These military men represent but a handful of the men who’ve been caught up in the Pentagon’s sexual assault witch hunt.

Hello, Mr. McCarty:

I know you receive messages from many families, so I am not sure if you remember me, but we communicated several years ago about my husband, Phil. Phil and I started dating while he was going through a divorce. He was (wrongfully) convicted the following year when his now ex-wife accused him of forcible sodomy after he and I started dating. Although this tragedy has made things very hard at times, we have had the happiest relationship and marriage for nearly eight years now. Anyhow, I read the article about Todd Knight and the letter from his mother, and it reminded me to reach out to you.

Although it has been very hard, Phil and I have moved on, as much as one can move on, from this tragedy. Much like Todd Knight’s mother, I am amazed at how my husband manages to keep pressing forward. We spent upwards of $40,000 fighting for custody of his children. Unfortunately, every time we would prevail and custody would be awarded to him, his ex-wife would take off in hiding long enough to have jurisdiction moved to another state. We could not financially afford to continue the fight and his ex-wife was starting to punish the kids for wanting to see him, so he made the very difficult decision to stop fighting in the hope that by doing so his ex-wife would stop punishing his daughters. He put his faith in God that he will watch over them and reunite them again someday. We have not seen the kids in over 5 years, sadly. His ex-wife has since accused yet another military member, her now-estranged second husband, of abuse. He is her 3rd service member victim, and we pray that all the children involved (Phil’s and her second husband’s) will somehow make it through this with minimal damage, or at the very least, that some day we can help them through any damage they have suffered as a result of this terrible situation.

The most troubling and heart breaking part of this is hearing so many people tell us that they cannot believe he was convicted. Even the sexual assault therapist he was ordered to meet with during confinement and the law enforcement officers and prosecutor in charge of enforcing his offender registration are in disbelief that he was convicted. His case was literally “he said, she said,” and she was accusing him of assault years after she claimed it occurred (and only after he had started dating someone new), but still he was convicted nonetheless.

On one hand, it makes him feel good to hear that people who are actually trained and experienced with these sort of matters truly believe in his innocence. On the other hand, it is a hard thing to swallow because, even in spite of that, there is nothing anyone can do about it.

Having this weighing over his head and losing out a on a relationship with his children are things that will always weigh heavy on his heart (their birthdays, father’s day and holidays are still very solemn for him), but we have moved on as much as one can from this.

Phil finally has a great job — a career he loves. We have a beautiful home and are starting a family. I suppose that is my intention of telling you all this — to let other families, other service members effected in this way know that they should continue to fight, but in any case, there is hope at rebuilding life after this kind tragedy. If ever we can provide support or a kind ear to other service members or families effected in this way, please feel free to tell them they may contact us.

Very best,
Name withheld

The story told in the letter above bears many striking similarities to other military justice cases I’ve followed during the four years since the release of Three Days In August, a nonfiction book in which I chronicle the life story and wrongful conviction of a highly-decorated combat veteran and elite Green Beret on bogus sexual assault allegations.

Stay tuned for more details about this story as I’m working to obtain copies of the Record of Trial and other documents related to this case. Inexplicably, according to the couple involved, the military branch in which he served said the ROT was “classified” and refused to give him a copy of it upon request. As incredible as that seems, nothing surprises me anymore when it’s related to the Pentagon’s sexual assault witch hunt.

UPDATE 11/6/2015 at Noon Central:  Though I’ve promised not to reveal the names of the players involved in the case outlined above, I located the ex-wife/accuser of “Phil” and discovered she maintains a presence on several social media platforms and has more than one pornographic web site as part of a business that uses sex-related words and imagery as its primary products. How the military justice system sided with her is beyond comprehension!

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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Attorneys Who Win Small Battles Might Win Legal War

An elite Army Ranger and attack helicopter pilot at Fort Campbell, Ky., Maj. Christian “Kit” Martin, 47, has flown some 1,000 combat flying hours. Nothing, however, could have prepared him for the battle he’s fighting now as he tries to avoid becoming a victim of the Pentagon’s sexual assault witch hunt that could send him to prison for 58 years* for something he did not do. Below, I share the opinions of two attorneys (who shall remain nameless) about Major Martin’s case — which involves false sexual assault allegations as well as Army prosecutors and commanders under political pressure to win a conviction at all cost — and about how the attorneys who win the small battles might win the legal war.

My cat, Butters, tries to predict the future by looking into his porcelain bowl.

This photo shows my cat, Butters, looking into his porcelain bowl in an effort to predict the future. Unfortunately, he’s about as reliable in predicting the future as the military justice system is in determining innocence and guilt.

ATTORNEY #1

“I’d like to pick your brain for just a moment,” I wrote in an email two days ago to a former top legal officer for one branch of the U.S. military. “I’m working on a story involving an Army major accused of sexual assault by a woman soon after he asked her for a divorce. I don’t describe her as the major’s wife, because she is now facing bigamy charges in Kentucky.”

I went on to explain that Major Martin had learned — after asking her for a divorce — that she had never divorced her first husband before marrying him. And then I asked my question:

“If the woman is found guilty or pleads guilty to bigamy, can the Department of the Army or Department of Defense sue her or prosecute her for anything, such as obtaining goods and services under false pretenses?”

I thanked him in advance for his thoughts on the matter and, as expected, received his reply early Monday afternoon:

“The short answer is that the Army or DoD would have to request the Department of Justice pursue any sort of recovery. The DoJ would likely send it to the local U.S. Attorney wherever he resides and do an analysis of the merits and the cost/benefit to pursue it. My guess (and it is just a guess) is that the U.S. Attorney would not pursue it.”

ATTORNEY #2

While some might say the attorney’s reply doesn’t bode well for Major Martin, another attorney sees reason for optimism in the major’s camp. He works in the criminal division of a U.S. Attorney’s office in a major U.S. city, and he offered a different view of the same situation.

He said an Army prosecutor with knowledge of a person’s breaking the law — for instance, obtaining goods and services (i.e., healthcare services and the benefits of discounted shopping at the post commissary and exchange facilities) under false pretenses (i.e., pretending to be a military spouse when one is not legally married to a member of the military) from the federal government — not only “has the authority (to initiate prosecution), (but) he has the obligation.” Further, he said the military prosecutor would be committing “a felony on his part” if he fails to act while having such knowledge.

Do the Army prosecutors have knowledge of wrongdoing by Major Martin’s accuser? I believe they do.

They are aware Katherine (Garber) Foster, assistant prosecutor in Christian County, Ky., conducted a thorough investigation that led to a bigamy charge based upon what she believes is rock-solid evidence she can use to prove Major Martin’s accuser committed bigamy.

In addition, they are aware Christian County Family Court Judge Jason Shea Fleming voided the marriage between Major Martin and his female accuser based upon evidence she never obtained a divorce from her first husband, the father of her two youngest children.

Will the prosecutors in Major Martin’s case — Maj. Jacob D. Bashore and Capt. James P. Garrett — use their authority and fulfill their obligation to report the woman’s apparent crime (i.e., impersonation of a military spouse and, in turn, the theft of goods and services from the U.S. Government) to the U.S. Attorney in Kentucky? I certainly hope so, because doing otherwise would not be very becoming of Army officers and gentlemen.

‘CHESS PIECES’ IN PLAY

Then again, there are a lot of “chess pieces” in play right now.

For instance, if local prosecutor Foster offers Major Martin’s accuser some sort of pre-trial diversion linked to a sentence of one year or longer, she would not serve any jail time unless or until she committed another crime, such as perjury, during the term of her diversion.

As I reported yesterday, Hopkinsville, Ky., civilian defense attorney Brandi Jones is not only attempting to prevent local prosecutor Foster from prosecuting the case against her client, Major Martin’s accuser, in civilian court, but she’s hoping Christian County Judge Andrew Self will agree to her request and push back her client’s trial date until after Major Martin’s military trial, expected to run Dec. 1 to 4.

Jones knows that, if she’s successful in both preventing Foster from testifying and in delaying her client’s trial, it’s highly unlikely Judge (Col.) Andrew Glass will allow any reference to bigamy and/or perjury allegations against the woman to be aired in his military courtroom during Major Martin’s military trial. And that would not bode well for the major. If, however, Judge Self refuses to delay Jones’ client’s trial, then Major Martin might have a chance of seeing his accuser explaining herself on the witness stand during his military trial. Of course, there are no guarantees, and he’s seen his witness requests denied before.

Stay tuned for updates!

For a recap of what took place during a recent one-month period in Major Martin’s life, read “Thirty Days of Hell in the Life of an Accused Army Officer.”

For all other articles about Major Martin’s case, click here.

Thanks in advance for reading and sharing this article and those to follow. Meanwhile, 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.

UPDATE 10/14/2015 at 2:17 p.m. Central: Less than two hours after publishing the article above, I received word that Major Martin’s accuser entered a guilty plea to a bigamy charge. Sentencing is set for Feb. 17. I hope the Army prosecutors are paying attention as she is now a convicted felon.

*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 8:23 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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Bob McCarty Weekly Recap: Oct. 4-10, 2015

For the most part, I worked offline this week. I will, however, offer an update about the case of Maj. Christian “Kit” Martin, an Army Ranger and attack helicopter pilot who finds himself facing false allegations that could land him in prison for 58 years* if he’s convicted at his military trial set to begin Dec. 1 at Fort Campbell, Ky. So stay tuned!

Bob McCarty

Bob McCarty

Thanks in advance for reading and sharing my articles. You can show your support and help to 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: 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?”

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Rape Report Arrives 15 Months After FOIA Request Made

Today, after waiting almost 15 months, I received a response to the Freedom of Information Act request to the Air Force Office of Special Investigations. The document I received — a copy of a research report written by Dr. Charles P. McDowell about false rape allegations in the military — came in response to my request, dated May 24, 2013.

Unfortunately, the report came to me in the form of a PDF that is unlike any other PDF I’ve ever tried to upload to this site. In short, it will not upload, and I’m not about to retype it all. Instead, I’ll share the report’s conclusions first and then something else. First, the conclusions:

CONCLUSIONS

False allegations of rape are frequently not recognized as such by investigators and are almost totally neglected in the professional literature. The reason for this seems obvious, these are acts which are designed to appear plausible. The key to understanding false allegations lies in determining how the false allegation “helps” the claimant manipulate, control or recoup. Therefore, it is the context in which the allegation occurs that provides the framework for understanding the dynamics of the case. It is also important to remember that many of the defense mechanisms used in false allegations may also be found in genuine rapes. A final word of caution: even those who are emotionally prone to make a false allegation can be raped. Basic principles of police professionalism require that officers who investigate rapes remain objective and compassionate, otherwise the veracity of an allegation may never be known.

Click image above to order book.

Click image above to order book.

After reading the study, I shared it with CMSgt. John Stewart (USAF Ret.), father of Army Sgt. 1st Class Kelly A. Stewart, the Green Beret whose life and wrongful prosecution is chronicled in my book, Three Days In August. In turn, Chief Stewart read it and replied with several worthwhile observations about how this report’s findings tie to the case of his son who was prosecuted on false rape and kidnapping allegations.

Regarding portions of the report that appear on pages 68 and beyond, he wrote several worthwhile comments. They appear below after the study points which appear in bold below:

“At the point in a rape investigation when the allegation itself becomes suspect, efforts should focus on the validity of the claim.” — A review of steps taken by the German police investigators and by the Army’s investigators clearly indicate total failure to establish validity of the victims claim.  Despite statements by friends, co-workers and an Army appointed counselor to the victim indicating repeated perjury during the trial and during pre-trial statements, no action was taken to further investigate the possibility the “victim” had, indeed, been assaulted.  Particularly in light of the facts that there were no witnesses, a clear ability to telephone for help or escape the room after the assault, the fact the “victim” provided her telephone number to the accused after-the-fact to establish further relationships, the fact the “victim” told her best friend after the rendezvous that she had “finally met her man,” etc., etc.

“Variables frequently associated with reports of false allegations include…the complaint is not timely…” — It was nearly three months before the “victim” filed the charges.

“Law enforcement authorities correctly place a high priority on physical evidence which supports an allegation.” — There was no physical evidence, whatsoever, that any assault took place.  No signs of a struggle, no sounds of distress heard in neighboring rooms by other military personnel, no evidence of physical injury during an unrelated physician’s visit in the next few days despite statements of the victim she had been bitten and bruised, and there was a complete absence of confirming serological evidence.

“In general, this information suggests that the victim has experienced numerous personal problems in her life and that her ability to cope is impaired…Victim has history of mental or emotional problems…” — Despite information provided to investigators regarding the probability the “victim” had been institutionalized for possible mental health issues, this information could not be introduced into the trial phase due to the German government’s refusal to release medical records of the “victim”.  This was an extremely key issue to proving innocence of the accused and fell completely by the wayside leading to a conviction without merit.

“False allegations of rape are frequently not recognized as such by investigators and are almost totally neglected…The key to understanding false allegation lies in determining how the false allegation ‘helps’ the claimant manipulate, control or recoup.” — In the instance of this accusation and trial findings, there was complete negligence on the part of American and German investigators.

Click image above to order book.

Click image above to order book.

After reading Chief Stewart’s words above, you might think they are merely those of a father trying to save his son. I know I did, and I was wrong.

Find out why by reading Three Days In August, a book based on my thorough review of the Record of Trial, extensive interviews with the people involved and the hard-hitting kind of investigative reporting upon which I’ve staked my reputation. Order a copy of Three Days In August today!

To read other posts about the book, click here.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.