Tag Archives: Judge Andrew Self

Bob McCarty Weekly Recap: Oct. 11-17, 2015

My campaign to expose the military injustice surrounding the Army’s prosecution of Maj. Christian “Kit” Martin on sexual assault charges increased in intensity Wednesday after his ex-“spouse” accuser pleaded guilty to a felony charge of bigamy — that is, marrying one person while you are still legally married to another. As a result, my weekly recap for Oct. 11-17, 2015, is chock full of details about this case.

Click on image above to read Bob McCarty's letter to Army Chief of Staff Gen. Mark A. Milley.

Click on image above to read Bob McCarty’s letter to Army Chief of Staff Gen. Mark A. Milley.

The earth-shaking news came as something of a surprise one day after I had published an article in which I cited sources close to the case who told me about the accuser’s civilian attorney trying not only to get a local prosecutor disqualified from her client’s case before it went to trial Oct. 22, but also trying to get her client’s trial date pushed back until after Dec. 1, the date Major Martin’s military trial is set to begin at Fort Campbell, Ky.

Likewise, the guilty plea by Major Martin’s accuser came less than 48 hours after I had submitted a Freedom of Information Act request to the Staff Judge Advocate’s office at Fort Campbell. In my request, I asked for copies of “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.”

While the information I might receive as a result of the FOIA request should prove interesting, it became much less important and/or valuable following the admission of guilt by Major Martin’s accuser. Still, I’m interested in receiving it, since it might show more of the prosecutorial misconduct Major Martin’s defense attorneys had cited as a reason to dismiss charges against their client.

I’m also interested in the subject of a piece I published a piece under the headline, Attorneys Who Win Small Battles Might Win Legal War, 24 hours after submitting the FOIA request. The piece contains two attorneys’ opinions 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. It will be interesting to see how their thoughts pan out in comparison to what actually takes place as the prosecution of Major Martin moves forward.

Perhaps most important among my efforts this week is something I did one day after Major Martin’s accuser entered her guilty plea. On Thursday, I married my online and offline efforts into a single effort aimed at putting pressure on senior government officials and military leaders to drop this kangaroo court-martial effort that could land Major Martin behind bars for 58 years* if allowed to go to trial. As outlined in my piece, Letter Warns Army Chief of Staff About ‘Rat’ at Fort Campbell, I wrote a letter to Army Chief of Staff Gen. Mark A. Milley and let him know about the “rat” I smelled at Fort Campbell. On top of that, I forwarded copies of the letter to four United States Senators, the Secretary of Defense, the DoD Inspector General and a handful of Army generals — including Maj. Gen. Mark R. Stammer, the man behind the boneheaded decision to prosecute Major Martin.

As things stand now, Major Martin — a prior-enlisted Ranger-turned Regular Army officer who went from serving as a cavalry scout to flying combat missions as an attack helicopter pilot during three tours in Iraq during a distinguished military career — is scheduled to stand trial Dec. 1 and faces the possibility of 58 years in prison if convicted. Meanwhile, his accuser — the woman to whom he believed he had been legally married for most of a decade — is set to be sentenced by Christian County (Ky.) Judge Andrew Self Feb. 17, 2016, and faces only 5 years with very little chance of any time behind bars.

After reading all of my pieces about the case, I think you’ll agree the prosecution of Major Martin needs to end immediately. In turn, I trust you’ll make your voice heard by contacting the people listed near the end of this article.

Stay tuned for more as this drama plays out.

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: 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.

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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.