Tag Archives: Hopkinsville

Attorney Cites ‘Foul Smell in the Air’ Surrounding Effort to Link Army Officer to Multiple Murders Near Fort Campbell

As Bill Summers tells it, there’s a “foul smell in the air” in Christian County, Ky., and it stems from the way investigators and prosecutors are treating his client after several bodies were found in the small town of Pembroke, 30 minutes north-northeast of Fort Campbell.

Important Update at End of Article

This photo shows an Army depiction of court-martial proceedings in progress.

This photo shows an Army depiction of court-martial proceedings in progress.

Just before noon Thanksgiving Day, I had the opportunity to speak by phone with Summers, a veteran defense attorney who, along with a team comprised of several talented attorneys, private investigators and others, is helping Army Maj. Christian “Kit” Martin fight allegations made against him by his ex-wife. That woman, by the way, 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) only weeks before the major’s military trial — on sexual assault and other allegations she made against him — was scheduled to begin at Fort Campbell.

Though not my first conversation with Summers since I began reporting in August about the prosecution effort that could send Major Martin to prison for as many as 10 years, it was, by far, the most interesting — especially in light of the fact prosecutors, perhaps as a sign of the weakness of their case, are no longer seeking up to 58 years imprisonment to follow a conviction.

Much of our conversation had to do with events that took place Thursday after local law enforcement investigators found human remains were found in a burned-out vehicle on the outskirts of town, and it began with Summers requesting I share his contact information with members of the Fort Campbell-area law enforcement community.

“Give them my cell phone number, 216-538-0135! Tell anyone who wants to speak with me I’ll be at the hotel on post for several more days, but not beyond Dec. 3.”

Why does Summers want them to call? Because, despite the fact officials with the Kentucky State Patrol, Hopkinsville (Ky.) Police Department and Christian County Sheriff’s Department have had his number since Nov. 20, Summers said, he’s “never got a call, telegram or carrier pigeon” request from any of them to talk. Adding insult to injury, he added that he was once left on hold for 45 minutes by Sheriff’s Detective Scott Noiseworthy.

And then our conversation really took off.

Summers relayed how local law enforcement officials traced the burned-out vehicle to Calvin Lee Phillips, 59, and, soon after, began searching his home at 443 South Main Street in Pembroke as well as another across the street, owned by Major Martin. While searching, however, the local officers were not alone.

Army CID Badge

“Army (Criminal Investigation Division) agents arrived on that scene and joined their non-Army colleagues as they searched the first house and, soon after, at Major Martin’s house,” Summers explained. “And that’s the problem! The Commonwealth of Kentucky had a multiple murder over which the U.S. Army had absolutely no authority or jurisdiction. What were they doing there?

“As a matter of law, the Army could never prosecute nor ever have any jurisdiction over him in connection with these off-post murders,” Summers continued. “Only if Major Martin were convicted of something could (the Army) take any action against him, and I have yet to see Commonwealth of Kentucky vs. Christian Martin on any court docket. So, again, why were they allowed in those homes?”

Asked if the presence of Army CID investigators on scene could be justified by the fact Phillips, whose body had been found dead from gunshot wounds inside his home, had partnered with Major Martin’s bigamist ex-wife in trying unsuccessfully to convince the FBI the Army officer was a thief and an international spy, Summers was quick with a response.

“All Law Enforcement personnel know how untouchable everything inside those homes was — especially by CID agents lacking jurisdiction,” Summers explained. “The KSP, Hopkinsville Police and the Christian County Sheriff all know about the scope and breadth of the attorney-client work product privilege and protected confidentiality, and they had to have been told something by CID agents as to why they were interested in the investigation.

“By allowing Army CID agents to enter these houses, especially Major Martin’s place, these local cops made it possible for them to take photos and otherwise gain access to information protected by attorney-client privilege.”

Summers went on to explain Army officials clearly knew they had no authority over the investigation and should not have entered either home. Still, they entered — under the guise of “assisting” their civilian colleagues — and provided “assistance” in the form of seizing Major Martin’s attorney-client privileged personal computer and work papers and removing them from his home.

“Even the dumbest lawyer in the world — and, yes, even Bashore — absolutely knows how sacred all of those items are/were!” Summers said. “They could not even look at the materials that fall under ‘attorney-client privilege,’ and every law enforcement officer on the scene should have known that — especially those in charge!”

Summers’ Bashore reference in the previous paragraph has to do with Army Maj. Jacob Bashore, the special victims prosecutor at Fort Campbell, who is leading the prosecution’s effort to convict Major Martin on nothing more than the word of his bigamist ex-wife. Summers believes the SVP was directly involved in the effort to get CID agents “in the door” of his client’s home.

Taking into account Major Bashore’s own sworn testimony and the sworn testimony of others — including Capt. James P. Garrett, the Army’s lead trial counsel; Katherine Garber-Foster, Christian County assistant prosecutor; and Laura Spencer, Major Martin’s fiancée — during recent months, Summers believes Major Bashore deserves to be kicked out of the Army, lose his law license and be prosecuted for numerous misdeeds he’s committed.

“In my professional opinion, Major Bashore is ruthless, has a reckless disregard for truth and should lose his license to practice law in Tennessee and anywhere else he might try!” he said.

Familiar with the tactics employed in 2009 by then-Captain Bashore during his wrongful 2009 prosecution of Army Sgt. 1st Class Kelly Stewart, I must agree. You can read about those tactics in my first nonfiction book, Three Days In August. But I digress.

In addition to Bashore, Summers pointed his virtual finger at members of local law enforcement for some of their suspicious decision-making.

“We know for sure the (Christian County) Sheriffs Department were offered the security videos of the night after the murders but before the search, and refused,” he told me, referring to security cameras Major Martin had installed on the exterior of home a few doors down and across Main Street from Phillips’ home. “They seized them later with a search warrant! Why not when we offered them?”

Though Summers didn’t come right out and say it, I got the impression he’s concerned about the skill level of investigators who would delay taking possession of items that could, potentially, reveal much about the person(s) making noises that, at around 2 a.m. on the day Phillips’ body was found, caused Major Martin’s dog to, in his words, “wake up and go ballistic.”

The sheriff’s refusal to accept the cameras isn’t the only example of strange behavior on the part of civilian law enforcement. Along with colleagues from the Kentucky State Patrol, Summers said, they’ve refused other offers as well.

“I offered for (Major Martin) and I to sit down with the sheriff and the KSP, but without the Army,” Summers explained, noting the civilian investigators had expressed interest in interviewing Major Martin — but without his lawyer present. “I said, respectfully, he would be glad to appear but only with me present. They said ‘No deal if the Army can’t be part of the interview.’ Naturally, I said, ‘No Army or no interview!’”

Why is Summers so adamant about restricting his client, a 47-year-old attack helicopter pilot who served multiple combat tours in Iraq, to sit-down talks with non-Army investigators only? Because he doesn’t trust anyone associated with the Army’s investigation of his client, especially after seeing firsthand some of the underhanded and unethical legal tactics Major Bashore has employed.

According to Summers, Major Bashore was “exceedingly dishonest” with members of Major Martin’s defense team when, during a nine-hour period on the day after the bodies were found, they asked him multiple times about the major’s whereabouts. Only later did the defense attorney and his colleagues learn their client had been held for 11 hours without food and water at an undisclosed location at Fort Campbell as Army CID agents tried to “break him down.” Worth noting, the career Army officer remained under virtual “house arrest” on post for four days after members of his defense team learned of his whereabouts.

Summers said he will be submitting a motion to the military judge very soon, requesting that a new hearing be held during which he will explain to the military judge why he believes prosecutorial misconduct charges should be brought against Major Bashore and other members of the prosecution team.

Stay tuned for updates as they surface.

UPDATE 12/2/2015 at 8:02 p.m. Central:  According to an evening update to a report in The Leaf-Chronicle newspaper, the Christian County (Ky.) Sheriff’s Office confirmed today that Army CID agents were involved in the search of Major Martin’s home! Therefore, it appears they overstepped their authority and jurisdiction. Stay tuned to see what happens next!

UPDATE 12/7/2015 at 8:15 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 11:09 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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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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Fort Campbell Officials Live Up to Negative Expectations in Response to Freedom of Information Act Request

Two weeks after I submitted a Freedom of Information Act request to Army officials at Fort Campbell, Ky., I received a response today that shows officials at the home of the vaunted 101st Airborne Division lived up to my negative expectations.

The reply to my FOIA request lived up to my low expectations for the Army.

The reply to my FOIA request lived up to my low expectations for the Army.

Shown above, the response letter from Freedom of Information and Privacy Act Officer Valerie M. Florez contained the following paragraph:

The US Army does not have jurisdiction and does not control prosecutions in Hopkinsville or Christian County, Kentucky Courts where [name of Major Martin’s accuser redacted] is facing charges. Perhaps Hopkinsville or Christian County courts may be able to assist you in contacting the correct party or [name of Major Martin’s accuser redacted]‘s attorneys. Any documents or correspondence from or between the military attorneys mentioned are part of an ongoing case involving Major Martin (US vs Martin). Any of this correspondence is exempt from release and would be withheld under Freedom of Information Act Exemption Five, attorney-work product and/or attorney-client privilege.

The letter from Ms. Florez — and particularly the paragraph above — runs 180 degrees counter to what I included in my Oct. 12 FOIA request, the “meat” of which appears below:

To Whom It May Concern:

In accordance with the Freedom of Information Act (5 USC, and Public Law 106-554), I would like to request copies of the following documents from the Staff Judge Advocate at Fort Campbell, Ky:

Any and all print and/or electronic communications — including, but not limited to handwritten and computer-generated notes, letters, email messages and text messages — between any individual(s) assigned to the Staff Judge Advocate staff at Fort Campbell, Kentucky — including but not limited to Major Jacob D. Bashore, Captain James P. Garrett, Major Jenny S. Whyte-Schlack — and any civilian attorney(s) and/or their associates representing accused bigamist [name of Major Martin’s accuser redacted] in legal matters in Christian County, Ky.


Please do not attempt to avoid fulfillment of this request by contending that the items requested are not releasable because they concern ongoing legal matters and/or investigations. I know the U.S. Army has no standing or authority to intervene in Christian County’s civilian prosecution of Ms. [name of Major Martin’s accuser redacted].

Though I made no mention of Maj. Christian “Kit” Martin in my FOIA request, Ms. Florez avoided fulfillment of my request — just as I predicted she might in the third paragraph of my letter — by falsely claiming communications the Army attorneys had with a third party about a case completely unrelated to the prosecution of Major Martin is “exempt from release and would be withheld under Freedom of Information Act Exemption Five, attorney-work product and/or attorney-client privilege.”

In reality, Ms. Florez and her bosses realize that fulfillment of my request will expose the Army lawyers named in the same as having tampered with a civilian legal matter.

Stay tuned for updates on this case and other military justice cases I’m following. Likewise, thanks in advance for reading and sharing the articles above and those to follow. You can 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.

UPDATE 10-27-2015 at 9:48 a.m. Central: After I add postage, I will place two envelopes in the U.S. Postal System. The envelopes contain letters in which I call for Secretary of the Army John M. McHugh and Army Chief of Staff Gen. Mark A. Milley to straighten out this FOIA mess.

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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.

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Civilian Attorney Uses Two-Pronged Approach to Help Army Prosecutors Convict Client’s Ex-‘Spouse’ of Sexual Assault

Sources tell me a Kentucky defense attorney is not only trying to get a local prosecutor disqualified from the case in which her client is set to stand trial Oct. 22 on a charge of bigamy, but she’s also trying to get her client’s trial date pushed back until after a military trial begins at Fort Campbell, Ky. Not surprisingly, her efforts could have a serious impact on that military trial.

Thirty Days of Hell

Click on image above to read “Thirty Days of Hell in the Life of an Accused Army Officer.”

During a pre-trial conference Wednesday, Hopkinsville, Ky., public defender Brandi Jones argued before Christian County Judge Andrew Self that Katherine (Garber) Foster, an assistant county prosecutor, should be disqualified from the case involving her client, because Foster testified during a military hearing Sept. 21-22.

What does Foster’s testimony during a military hearing have to do with her prosecution of a case in civilian court?  For starters, Jones’ client in civilian court is also the woman behind allegations of sexual assault and abuse that could land her “ex-spouse,” Army Maj. Christian “Kit” Martin, in prison for 58 years* if found guilty during a military trial set to begin Dec. 1.

As explained in an article Sept. 27, Foster offered two salient pieces of testimony during the military hearing held at the post that serves as home to the vaunted 101st Airborne Division:

Foster testified she had been contacted in October and November 2014 by two of the Army attorneys involved in prosecuting Major Martin: Maj. Jacob D. Bashore, the special victims prosecutor who was the subject of my Aug. 27 article, Army Lawyer Surfaces in New Bogus Prosecution Effort; and Capt. James P. Garrett, the lead prosecutor; and

Foster told the court she had felt pressured by both officers to drop her bigamy case against Major Martin’s accuser who, it turns out, appears to have never gotten a divorce from the father of her two youngest children before she married the major.

Despite Foster’s testimony, Col. Andrew Glass, the military judge overseeing Major Martin’s case, denied the defense motion concerning prosecutorial misconduct. A surprise? Hardly. He’s the same judge who denied the vast majority of witness requests made by Major Martin’s attorneys. But I digress.

In addition to seeking Foster’s removal from the case, Jones asked Judge Self to give her additional time to review her client’s case.

Why would Jones ask the judge to delay delivery of swift justice to her client? Because her client, if found guilty prior to Major Martin’s military trial, might be called as a witness during that trial and be forced to wear an orange jumpsuit — or the Kentucky equivalent of that if orange isn’t the Bluegrass State’s color of choice for fashionable incarceration — while on the witness stand.

Would the military judge allow such a spectacle — a witness in an orange jumpsuit — in his court room? Probably not, because everyone knows convicted felons are not considered very trustworthy witnesses, and the leadership at Fort Campbell has a reputation to uphold.

CLOSING NOTE: On Monday afternoon, I submitted a Freedom of Information Act request to the Staff Judge Advocate’s office at Fort Campbell. Of course, they were not in the office due to it being a holiday (i.e., Columbus Day). I do hope, however, that they’ll jump on my request today and provide me with the items included in my request. That is, any and all print and/or electronic communications, including, but not limited to handwritten and computer-generated notes, letters, email messages and text messages, between any individual(s) assigned to the Staff Judge Advocate staff at Fort Campbell, Kentucky, including but not limited to Major Bashore, Captain Garrett, Major Jenny S. Whyte-Schlack and any civilian attorney(s) and/or their associates representing Major Martin’s accuser, an alleged bigamist known by several different names, in legal matters in Christian County.

Stay tuned for more details, and thanks in advance for reading and sharing the article above and those to follow. Please show your support of my work 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?”

UPDATE 12/7/2015 at 8:24 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.

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