SFC Kelly A. Stewart (Army) and CMSgt. John Stewart (USAF Ret.)
Below is the long version of my explanation that I wrote down and published in November 2011, one month after Three Days In August was released. It’s the explanation I still offer today:
On March 30, 2010, I came across something about the case of SFC Stewart, a Green Beret who had been convicted and sentenced to eight years in prison after being accused of raping and kidnapping a German woman.
Though I cannot recall or locate whatever it was exactly that made me aware of SFC Stewart’s case, I did keep records of what transpired from that day forward. It began with an email to the Soldier’s father, CMSgt. John Stewart (USAF Ret.), in which I wrote two words: Call me.
During the days and weeks that followed, Chief Stewart forwarded everything he could about the case. In addition, he helped me secure an authenticated copy of the Record of Trial and encouraged me to read it. If, after reading the complete ROT, I didn’t think something had gone horribly wrong with SFC Stewart’s case, Chief Stewart said he would respect my decision.
It didn’t take long, however, for me to conclude that SFC Stewart had indeed become a victim of military justice gone awry.
During the next 12 months, I gathered other documentation, discussed the case with others with close ties to the case and wrote as much as I could write based upon the case records. Then my work on the book took a completely different turn.
On March 31, 2011, SFC Stewart was released from the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., the result of having his sentence reduced to three years and being released on probation after serving 19 months behind bars.
Soon after his release, I was talking with him by phone.
Before it was over, I had interviewed him multiple times, spending more than a dozen hours on the phone and exchanging countless emails — as the only writer, reporter or media person with whom he agreed to discuss the case.
The rest is history.
Based on extensive interviews and offering never-before-published details about the case, Three Days In Augustpaints a portrait of military justice gone awry that’s certain to make your blood boil.
The past week was full of news about a multitude of events in which many of the participants attached themselves to their own definition of justice. In my weekly recap below, I offer a review of those events and how I followed them Nov. 8-14, 2015.
If resignations count as victories, does that mean the Missouri Tigers are bowl-eligible? Click on image above to read about political correctness on campus.
The week began with good news and bad news, depending upon who your favorite college football team is. For me, good news surfaced when my two favorite football teams, Oklahoma State and Oklahoma in that order, were ranked #8 and #12, respectively, in the college football playoff rankings for Week 11. For many of my neighbors, bad news surfaced when football players at the University of Missouri went on strike and prompted me — and many others in cyberspace — to ask, “Haven’t the Missouri Tigers been on strike all season? Ahem, 4-5?”
I also shared a few political points, including one aimed at Eric Greitens, a former Navy SEAL and Rhodes Scholar who’s running for governor as a Democrat Republican in Missouri. It seems he not only aligns with Al Gore and other liberals in promoting climate change propaganda, but he’s also a big fan of global governance. As a result, I’m siding with a trustworthy Marine, John Brunner, to be the Show-Me State’s next Republican governor.
On a more personal note, Sunday marked Day 100 of the fitness regimen I started Aug. 1, and I reported the loss of 17 pounds toward my goal of 30 that will bring me to the “ultimate fighting weight” at which I graduated from Air Force Officer Training School more than 30 years ago.
Among the day’s updates on my Facebook page, I pointed to news about a Jordanian policeman waging an “insider attack” that killed two Americans as a stark reminder of some of the subject matter I covered in my second nonfiction book, The Clapper Memo. In addition, I dubbed The University of Missouri at Columbia “Ferguson West” as protests continued at the school with the football team that’s 4-5.
Among the day’s updates onmy Facebook page was one that featured a list of questions that came to mind after I read an article in The New York Times about the protests at Mizzou:
• What will happen when a journalist calls the campus police at the University of Missouri at Columbia to report students are trampling upon his freedom of the press?
• Will the campus police come to the aide of the journalist?
• What if the police don’t come to the aide of the journalist? That will make for some interesting reporting. It will also lead to some interesting explanations by the campus police.
• How long will it take for Reverend Al Sharpton and his gang of race hustlers to arrive on campus and begin stoking the fires of discontent?
• MOST IMPORTANT: Will Mizzou football fans stage a mass boycott of the team’s next home game or will it simply look as if they have taken the drastic step when so many stadium seats appear empty as the Tigers trudge through another forgettable season? So many questions. So little time.
Also on Facebook Tuesday, I managed to photograph members of an anarchist group appearing to break the law at my favorite St. Louis-area lake, and I asked a tongue-in-cheek question: Does notching two same-day victories (i.e., getting both the university system president and the chancellor to resign their positions), make the previously 4-5 University of Missouri Tigers football team bowl eligible? Inquiring minds want to know.
• Related to the student protests at Mizzou, I shared a link to the abstract of the doctoral dissertation, “It’s ‘a good thing’: The commodification of femininity, affluence, and whiteness in the Martha Stewart phenomenon,” completed by Dr. Melissa Click at the University of Massachusetts-Amherst six years before she made headlines for all the wrong reasons at Mizzou;
My fifth article of the week, published Thursday, was more crass commercial message than news, because I asked people to do two things: 1) buy my books; and, afterward, 2) copy Steve Jennings’ example and send me photos of themselves holding copies of my books. Soon after, Ivan Nikolov took the bull by the horns and sent me a photo of himself holding up his copy of The Clapper Memo. Thanks, friend!
Facebook friend Ivan Nikolov holds a copy of my second nonfiction book, The Clapper Memo.
Finally, I shared a priceless video (above) that features Fox Business Channel‘s Neil Cavuto interviewing Keely Mullen, Million Student March National Organizer, about her group’s demand that rich people pay for everyone else’s college costs, that all student loan debt is cancelled and that the minimum wage be raised to $15 an hour for workers on college campuses. After watching it, you’ll understand why I prefaced it with the comment, “I thought I heard the wind whistling through her head, ear to ear, as she spoke.”
Another five-star review ofThree Days In August appeared on Amazon Friday, but I didn’t come across it until today; hence, this is the first mention I’ve made of it. Regardless, the review (below) is a good one and appears to have been written by an attorney:
I had a court-martial at Fort Benning where the Military Judge was the same judge who was presided over US v. Stewart. Both my client and I bought this book to obtain some G-2 on him. It is a really quick read and an informative look on the evolution of military justice in regards to sexual assault prosecutions, which has only grown worse. Bob McCarty has a keen knack for writing about military justice, and this book is by no means dull, particularly if you are a military justice practitioner, or you would like some insight to what it’s like to be sitting in a chair next to your TDS counsel if you are thrown into the military justice machine.
FYI: TDS is the Army acronym for Trial Defense Services (i.e., uniform-wearing defense attorneys).
Thanks in advance for reading and sharing the articles above and those to follow. For links to other articles of interest as well as photos and commentary, join me onFacebook andTwitter. Please show your support bybuying my books and encouraging your friends and loved ones to do the same. To learn how toorder signed copies, click here. Until next time.
Despite the fact prosecutors presented no evidence or eyewitnesses, members of a U.S. Army court-martial panel found Sgt. 1st Class Kelly A. Stewart guilty of sexually assaulting a 29-year-old German woman with whom he admitted having had a one-night stand one year earlier. Below is an excerpt from my book, Three Days In August, about what happened in the life of this elite Green Beret after he was railroaded by the politically-correct military justice system:
Click on image above to order book.
“So, they find me guilty. It’s late at night. In an instant, my whole life got flushed right down the toilet,” said Stewart, recalling the verdict that changed his life just before midnight on August 19, 2009. “I am smart enough to know that my life is screwed. The rest of my life. No matter what. My life is done.
“Clearly, I felt that I was shafted, and I knew there was no way to fix it,” he explained. “This is an analogy I use. It might come across as messed up, but this is my analogy, and this is why I chose to do what I did.
“I was not going to have everybody do prison time with me,” said Stewart, recalling his thoughts after a court-martial panel found him guilty of sex crimes against a German woman and handed down a sentence that included a reduction in rank, from E-7 to E-1, forfeiture of all pay and allowances, eight years of confinement and a recommendation for dishonorable discharge upon release.
“I wasn’t going to go to prison and have my kids have to go through having their dad in prison and my wife having to stand by my side and go without a husband for years—and, at that time, I didn’t know the length of the years,” said Stewart, a Special Forces combat medic and Level One-trained sniper. “I didn’t know the length of my sentence; I just knew that I was found guilty.”
Kelly A. Stewart’s uniform was covered with signs of his life as a Top One Percent Special Forces Soldier.
That’s when he made a decision.
“I never thought I was going to prison,” Stewart said. “When I got back after (being convicted), I had a reality check in the hotel room” at the Krystal Inn, the on-post hotel where he was staying near the court building where his trial was taking place at Rose Barracks in Vilseck, Germany.
About the only plans he made took place during the last intermission in the courtroom before his guilty verdict was announced. After calling his wife and telling her he wouldn’t be coming home soon, Stewart also called his military-friendly bank, USAA, and transferred all of the money in his account into his wife’s account.
“I already knew what I was gonna do,” he recalled.
Back in their room at the Krystal Inn, Stewart and his buddy, Sergeant First Class Detrick Hampton, laid in their beds and talked most of the night until Sergeant Hampton fell asleep around 5 a.m. Less than an hour later, Stewart began to implement his hastily-crafted plan.
Careful not to wake Sergeant Hampton, Stewart got up out of his bed about an hour later, put on his Army Combat Uniform and low-quarter shoes and collected a few items—including a combat knife and a rubber band—he thought he might need. Oddly, he left his black Army jump boots in the room.
Kelly Stewart on a gun truck in Iraq.
Quietly, he walked out of his second-floor room at the Krystal Inn where, even after he was found guilty, he was not kept under guard—an indication, perhaps, that some in the Army still didn’t think he was as dangerous as the charges, eventual conviction and news media coverage of his case might have indicated. He had, after all, never been deemed a danger to others or a flight risk.
Because he had not planned to go away for a long time, Stewart didn’t prepare by gathering lots of clothes, money and 16 passports. Instead, he ensured only that he had enough money for gas to go where he needed to go to take his own life. And with three combat tours in Iraq and other stints in Kosovo and Macedonia under his belt, he knew enough about medicine to make it happen.
Once outside the hotel room, Stewart walked the short distance to a staircase in the center of the building, down a single flight of stairs and through an open-air hallway out to the parking lot where his rental car, an Audi Q5, was parked.
He drove the SUV a short distance to the Shoppette—the name the Army and Air Force Exchange Service gives its convenience stores located on military installations—where he purchased a laundry list of items: three 50-count bottles of Tylenol caplets, one 72-count package of Sominex tablets, two 16-ounce bottles of Gatorade Riptide Rush, some writing paper and a couple of pencils.”
Find out what happened next in the life of this man who sacrificed so much for his country only to be betrayed! Order a copy of Three Days In August.
I’ve written many articles about cases involving military men falsely accused and, in many cases, wrongly convicted, of sexual assault. Today, however, I’m going to point you, my readers, to three cases that began with sexual assault allegations made against military men by three unique women: a psychic, a porn queen and a convicted felon.
Former Army Green Beret Sgt. 1st Class Kelly A. Stewart in Iraq. To read his story, order a copy of Three Days In August by clicking on the image above.
The first case involves similar allegations made against Air Force MSgt. Michael Silva. According to one news account, Silva’s case was the oldest yet in a scandal at Lackland AFB in San Antonio that saw 35 Basic Military Training instructors investigated for misconduct with 68 recruits and technical training students over a four-year period. His accuser is a woman who described herself as a “psychic medium” in a series of Twitter postings in October 2009. Interestingly, she made her allegations against Silva, a former BMT instructor at the base, a whopping 17 years after she had spent only three days as an Air Force trainee in his squadron. It was her claim about being a psychic that prompted me to ask the tongue-in-cheek question about this so-called psychic: “Shouldn’t she have known in advance if she was about to become the victim of a horrible crime?
The second case involves sexual assault allegations made against Army Maj. Christian “Kit” Martin by the woman to whom he thought he had been legally married. Only weeks before his military trial was set to begin at Fort Campbell, Ky., he learned the woman had entered a guilty plea before a Christian County (Ky.) judge on a felony charge of bigamy. In other words, she had admitted to having married Major Martin without telling him she was still married to another man. Despite the fact that Major Martin’s accuser and former “spouse” is a convicted felon and, due to the nature of the crime, a person who has lived many years under a cloud of falsehoods, the Army seems bent on following through with this career Army officer’s military trial at which he faces the possibility of a very long prison sentence if found guilty.
The third case involves sexual assault allegations made against another military man — who I’m not yet ready to identify — by a woman who is now his ex-wife. Interestingly, his accuser turned into an entrepreneur of sorts soon after her husband was convicted and sentenced to prison. Her business? Adult entertainment. Though it’s difficult to understand the exact nature of what appears to be her multi-faceted business, I believe “wannabe porn queen” describes her well. Why? Because this moderately-attractive woman has, on her websites and social media pages, posted a plethora of photographs in which she is shown posing naked and semi-naked. One photo even shows her face situated only inches away from a man’s genitalia.
The military justice cases highlighted above have caused me much concern, and they should be of immediate concern to all Americans who care about those who serve in uniform. Political correctness is killing our people and our readiness. Needless to say, I’ll continue to follow them and keep you apprised of new developments as they occur.
To read about my most-comprehensive investigation to date of a case of false sexual assault allegations, order a copy of Three Days In August. In this, my first nonfiction book, I chronicle the life story and wrongful conviction of a highly-decorated Army Special Forces Soldier and combat veteran who, as a Green Beret medic and Level 1 sniper, received one Bronze Star Medal, though he really earned two.
Having already survived several combat deployments in Iraq, Army Special Forces Sgt. 1st Class Kelly A. Stewart never expected to come face to face with death during a tour of “schoolhouse duty” at a NATO training center in Germany, but he did. Some of the details of the Green Beret’s brush with death appear in the excerpt below from my first nonfiction book, Three Days In August:
Kelly Stewart returns from a mission in Iraq.
Panicking because they had eaten up some time, they began hooking up bottles and IVs and then another bad thing happened: Stewart had an allergic reaction to a drug the German doctors used and went into anaphylactic shock.
“(There’s) nothing like being double-handcuffed and (having) your feet shackled and strapped to a bed (while) going into anaphylaxis,” Stewart said. “I’ve seen a lot of people go through it, but being conscious and going through it is very difficult.
“It just started off as being real tight in the chest,” he continued. “The next thing you know, it felt like somebody put lighter fluid on me and caught me on fire.
“I couldn’t breathe at all, and everybody was kind of panicking around me, trying to give me medication to stop what was happening.”
Soon, the Germans said they didn’t have a doctor who could treat him, that he was probably having liver and kidney failure and was probably going to die. Their message to the American cops: “We need to get him out of here.”
“Of course, I’m understanding what the Germans are saying and what they’re telling the cops,” Stewart said. “They’re kind of underhanded, saying, ‘We can’t treat him here. We need to send him over to Landstuhl,’” the U.S. Army’s largest hospital in Europe.
“What they’re saying in German is, ‘We need to get him out of here, because he’s not going to survive,’ and they didn’t want that (outcome) in their hospital.”