Tag Archives: he said she said

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!

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Sexual Assault Problem in Military Exaggerated by Journalists

Read Jill Filipovic’s latest Esquire article about sexual assault in the U.S. military, and you might conclude that a woman in uniform can’t take two steps on a military installation without being sexually assaulted. And, of course, you would be wrong.

Click image above to link to article.

Click image above to link to article.

Michael Waddington, a military defense lawyer and former judge advocate in the Army, told Military.com two years ago he estimated that ninety percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence. And he’s not the only person to offer views that run counter to those being pushed on the American public by journalists like Filipovic and left-leaning politicians like Sen. Claire McCaskill (D-MO).

Washington Times’ journalist Rowan Scarborough offered several noteworthy findings in his April 6 article, Doubts on military’s sex assault stats as numbers far exceed those for the U.S. Among them are those shown in the paragraph below:

Critics of the Pentagon survey say its 20 percent response rate for 2012 may include a disproportionate number of those who are motivated to participate. This might produce a higher number because the response did not capture a true scientific sample of the total female active-duty force, they say.

Likewise, Lindsay L. Rodman authored a well-written piece, Fostering Constructive Dialogue on Military Sexual Assault, that was published in Joint Force Quarterly 69 by National Defense University Press. The abstract appears below:

Click image to link to article.

Click image to link to article.

Unrealistically high estimates by DOD officials of sexual assaults in the military, along with hazy definitions and methodologies, have fueled the public discourse on this emotional issue, making it unnecessarily hysterical and obscuring the military’s search for solutions. While the military is expected to maintain a higher standard than society at large, the experience of colleges and universities, whose demographic is roughly the same age as the military’s, should be drawn on. Moreover, an understanding of the strengths and weaknesses of criminal law will help draw the debate about the military sexual assault problem away from blaming commanders because they are not always obtaining convictions. The educational and military communities should combine their efforts to find a more holistic solution.

Is sexual assault a real problem in the Armed Forces? Of course, it is, just like it is in society at large. And those actually guilty of these crimes must be punished. Unfortunately, it is not only the guilty who are being swept up by the Defense Department’s out-of-control dragnet.

The mere mention of a man’s name in the same breath as a sexual assault allegation — whether or not a shred of evidence exists — seems enough to convict a serviceman of a sex crime these days. During “He said, she said” court-martial trials, everyone involved — convening authorities, judges and members of the court-martial panel — faces extreme pressure to convict, regardless of whether any physical evidence or eyewitnesses exist to prove guilt. Those who don’t follow the party line face dire consequences. For proof, see this article and this article.

To learn about a military justice case which resulted in an elite Green Beret being convicted and sentenced to eight years in prison based solely on the testimony of his accuser, read Three Days In August.

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Click image above to order book.

New York Times best selling author Richard Miniter described this way:

“Well-written and thoroughly researched, Three Days In August paints a convincing portrait of a military justice process that appears to have lacked one essential element – justice.”

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