Tag Archives: mental health

Clemency Letter Reveals Much About Pentagon’s Eagerness to Convict Military Men on False Sexual Assault Allegations

Michael Silva wrote a letter recently, and it’s being delivered Monday to Brig. Gen. Robert D. LaBrutta, commander of the 502nd Air Base Wing and Joint Base San Antonio who served as the convening authority in the court-martial during which Silva was convicted of sexual assault and sentenced to 20 years in prison. The content of the letter offers much insight into the lengths to which military prosecutors will go to get a conviction.

Silva: General has less than 30 days

Background: According to one news account, Silva’s case was the oldest yet in a scandal at Lackland AFB, Texas, that saw 35 basic training instructors investigated for misconduct with 68 recruits and technical training students over a four-year period. And it pitted the senior noncommissioned officer against victims who had remained silent for years.

Silva’s letter is seven single-spaced pages, contains nearly 4,000 words and stands as a key part of the clemency packet he hopes will convince the general to grant him full clemency for the sexual assault conviction he received Jan. 30 so that he can retire with the rank, pay and benefits of an Air Force senior master sergeant — the rank he earned Feb. 28, 2013, but was never allowed to wear.

Though General Labrutta has 30 days to decide whether or not he’ll grant Silva any form of relief, full or partial, I’m sharing details of the letter so that you can weigh the facts of the case as we wait for an official decision.

Because of the nature of Silva’s letter and some of the names mentioned in it, I’m unable to share it word for word. Instead, I’ll paraphrase on occasion and edit as best I can without clouding the content too much. In addition, I’ll decipher some military lingo and add links and boldface type as I see fit.

Finally, I must emphasize these are Silva’s beliefs and allegations, not mine. And so I begin.

Silva begins the letter by sharing a few details about his current circumstances:

My name is Michael Silva. At the age of 20, I proudly followed in my father’s footsteps by joining the military; in which I honorably served our country for over 24 years. As you can clearly see from my record, my goal was not just to accomplish the status quo; I chose to stay in past 20 years because I lived and breathed the Air Force Core Values. I was not done mentoring our Airmen; there was so much more I wanted to do. On 28 February 2013, I was selected and received my line number for senior master sergeant and aspired to make even more of a difference as a chief master sergeant someday. My plans were cut short by false allegations against me. Now, I sit in a prison cell hoping and praying that, although the military justice system that I once believed in and preached about failed me, the eyes of the blinded will be open and the truth shall set me free.

In the second paragraph of the letter, the 44 year old offers a few details about how he was accused of sexual assault as part of a larger scandal that made the national news (those accused of such things or facing criminal charges may want to make finding a criminal lawyer a priority):

Before I provide you with a brief synopsis of my military career, I would like to make a statement about my court martial and why the military justice system failed me. I feel that my court martial guilty verdict was decided prior to it even beginning. The fact that I had previously been a Military Training Instructor, resulted in my immediate connection to the current Basic Military Training sexual assault scandal and the political witch hunt began yet again. There were several instances of MTI’s misusing their power and authority to have inappropriate sexual relationships, whether forced or otherwise. This had nothing to do with me and in fact, during my combined 9 years as a MTI both at Lackland BMT and Officer Training School at Maxwell AFB, Alabama, I never once received any negative feedback from either BMT or OTS students or MTIS Leadership, only awards and other accolades. There is so much political pressure to end military sexual assault and prove to Congress that the military is handling these cases. But what they fail to see is there are innocent service members such as myself that are falsely accused and unjustly convicted. I was given a 20-year sentence for crimes I DID NOT COMMIT!

In the third paragraph of the letter, Silva describes his post-conviction state of mind:

For the last 7 months since my conviction, I have sat here in disbelief, waiting to wake up from this horrible nightmare. It is a daily struggle not to lose myself or to be angry at the Air Force and DOD for allowing me to be a statistic, making me a number and throwing me away like a piece of trash. I am just a number now and it’s not my service number or my Social Security Number; I have a prison number that I wear across my chest that replaces the words U.S. Air Force. I was given this number for doing nothing more than serving my country honorably and being the victim of false accusations. Although I have been wronged, I realize I have a choice. I could let this define me by being angry, or I can continue to have faith and believe that God will right this wrong. Even here behind these brick walls, secured doors and barbed wire, I continue to help others who are struggling, by mentoring those who need guidance, physically training those whom need strength, and preaching God’s word to those who are feeling weak. But it doesn’t change the fact that I don’t belong here and I should still be mentoring our great Airmen.

In the fourth paragraph of the letter, he recalls how he reacted upon being charged:

In 2013, when the charges were filed against me I took the advice of my lawyers and did not discuss the case because I thought it would hurt me. For nearly 2 years I lived in hell, constantly worried about what other people were saying or thinking. I was so prideful; more worried about my image, and wondered how I would ever recover to get my career back on track, because mind you, even after these allegations I still wanted to be that chief. I laugh about it now; I was simply worried about not getting senior rater endorsement. I was worried about my reputation as a senior noncommissioned officer. It never crossed my mind that I could ever end up here. But I have lost so much more than my image and my chance to be that motivating chief; I have lost my freedom, my family, my career and my line number for senior master sergeant, all while doing nothing to discredit the United States Air Force. Luckily, I have a huge support team rallying behind me who are continuing to gather more evidence to contradict the allegations.

Silva goes on to write about his chief accuser in the next two paragraphs:

I do not feel I received a fair hearing. To this day, I have no recollection of my accuser, supposedly a student in one of my flights (i.e., groups of basic military trainees). Based on her records, I assume she was in my flight for a couple of days, but I had no significant interaction with her that would make her memorable. I certainly never engaged in sexual activity with her. I have no idea why she chose to make up this story or why she chose me, but when you only fulfill a few days in Basic Training your options at choosing a perpetrator are few.

I am requesting for you to look at this with an open mind regardless of any rumors you may have heard. This trainee’s entire life is a lie and she has no integrity as you will see in other documents provided for your review. As you will see both of the alleged victims had much to gain monetarily.

In the seventh paragraph, he shares some – but, by no means all – of the most-interesting aspects of the case, each of which should, by itself, cause General LaBrutta to pause:

• A basic trainee comes forward 17 years after she was medically separated for migraines in 1995. This basic trainee was only in my squadron for the first 3 nights of basic training. Any enlisted person knows that a member of the same gender sleeps (i.e., “oversees”) the flight the first 2 nights. Therefore, a female MTI sleeps the female flights, I had no access to this trainee, nor would I have. I was a single father with much more to lose than my career; I had a 4 year old son who had only me.

• There were 3 MTI’s, including myself, assigned to the flight. There were 20 other trainees of that flight that were interviewed and none of them had anything negative to say, quite the contrary.

• My accuser couldn’t explain any detail about the BMT process, and everything that came out her mouth contradicted the policies and procedures that were in place at BMT to safeguard them, account for and train our Airman.

• Expert BMT witnesses also contradicted her story of BMT processes not just in my squadron, but also in two others and at the Airman’s Chapel and Wilford Hall Medical Center. From dorm guard procedures, entering and exiting the dormitories, being recycled, movement between squadrons and movement for medical treatment, her lies go on.

• She also stated that she was chosen to be an element leader, but this was not true either. Element leaders’ sleep in the first couple of beds by the MTI office, and she stated her bed was further back toward the rear of the bay, which means she wasn’t an element leader.

In the eighth paragraph, Siilva addresses what he calls his chief accuser’s “motive to lie”:

• It wasn’t until after she remarried an Army Veteran living off VA disability that she began making these false claims and then here comes the “Lackland, BMT Sex Scandal.” Now she has an “in” to tell her made up story in order to continue to receive any VA compensation she was claiming and/or get a higher rating or possibly retroactive pay from 1995. Say she got the max 100% disability, with 6 children (although 5 do not live with her) $3,200.00 a month x 12 months x 20 years = $768K. She had been following the story of Ruth Moore whom first made national news around the time my accuser first told her family she was sexually assaulted and started making VA claims. Mrs. Moore was petitioning for the VA to accept victims stories of assault and provide them treatment, Mrs Moore later sued the VA and won her case and was awarded retroactive pay in the amount of $405K in the Spring of 2014.

• In my accuser’s first statement (Fall 2012), she stated she didn’t tell anyone this happened to her – not even her first husband who was with her at medical hold and gave her five children. She told Air Force Office of Special Investigations that she did not tell her mother, or anyone else in her family, most of whom work in law enforcement.

• At trial, her mother testified that her daughter told her when she returned from Basic Training, but that her daughter must not have remembered. So for 17 years she never asked her daughter how she was doing dealing with this rape? This is completely unbelievable.

• My accuser later claimed to investigators that she told one other person, another Trainee she met at the BMT who died in July 2008. This is too convenient of a story.

• My accuser claimed I showed up at the chapel on base in civilian clothes, like I was stalking her, and introduced myself to her uncle whom is a sheriff in the state of Washington. Her uncle stated in a sworn statement to the AFOSI that the incident never happened; he did not meet a drill instructor nor did one introduce himself to him.

• My accuser also changed her story and stated not only did it happen once, but twice.

• My accuser testified on the stand that the only reason she came forward was to prevent this from happening to anyone else. She waited 17 years to make sure it never happened again? She was already seeking compensation for it over 2 years before she made this allegation against me. If it wasn’t about the money, then why did she go after the money first?

He continues to address the matter of his chief accuser’s motive by informing the general about other issues, including her mental health, publicity surrounding the case, financial issues and family history:

• Unfortunately, this woman (self-proclaimed in social media posts) suffers from a mental health disorder. [NOTE: An accuser’s mental health status played a key role in the case of an Army Green Beret convicted of sexual assault in 2009. Details here.]

• She had clear motive to make up this story. She got the attention of both military and political figures that vowed to ensure her case would be handled effectively. By all the attention she received and the publicity of this case, I did not receive a fair trial.

• Significantly, she lived off Social Security benefits prior to age 30. She had a Habitat for Humanity Home built for her, that she left and forfeited in a last ditch effort to force her ex-husband to once again reconcile with her by relocating out of state with their 5 sons. She also owned and operated a psychic website.

• Her father has a history of fraud. Her biological father was an alcoholic and a drug addict and was in and out of prison before her parents divorced. He is currently serving time in an Oklahoma prison for embezzlement.

Ultimately, this last point just goes to show how pervasive substance abuse issues can be. Moreover, where addiction is concerned it is not just the addict that suffers, but also any family members that are in contact with the addicted individual.

Above all, although drug and alcohol addiction issues can be difficult to overcome, it is important to remember that help is out there. Correspondingly, to learn more about treating substance abuse through rehabilitation techniques click here.

In the ninth paragraph of his letter, Silva highlights allegations made against him by an ex-wife who also testified against him during his 2015 trial. Without getting into any of the sordid details, I’ll condense Silva’s description of their relationship: After he asked for a divorce, she objected and allegedly told his mother during a phone call, “I’m going to ruin your son’s career” and hung up. [NOTE: “Ruin” is a word readers of my work have seen used before by a sexual assault accuser. Details here.]

The next thing Silva knew, according to the letter, he was under investigation by the AFOSI for an allegation she had made years earlier and then recanted in the form of a sworn statement. Below is the text of the handwritten sworn statement that appeared on an AF IMT 1168 Form (a.k.a., “Witness Statement Form”) dated May 7, 2007, that is not included in Silva’s clemency letter but is included in the clemency packet:

“I do not feel after reading Article 120 that the situation reported to OSI meets the criteria of this allegation. I consented to intimacy with Michael Silva. I only thought it necessary to report since my leadership advised it was the right steps to take. I had no intention of reporting this, I had wanted to put this behind me. Master Sgt. (last name redacted) asked if Mike was forceful or had aggressive behavior in intimacy. I wasn’t aware this was headed toward rape charges. I didn’t know where this fit. I know Mike has an aggressive and controlling personality, but don’t reel that rape depicts our situation.”

[NOTE: Despite the fact she had recanted her allegation seven years earlier and said Silva had not raped her, she appears to have changed her mind again and testified during the 2015 trial that he did. To wit, Silva explains “my story never changed, but hers did in all the statements she made since 2013 and in her sworn testimony.”]

In the 10th paragraph, Silva focuses on what he believes was his ex-wife’s motive to lie:

She admitted on the stand that she has been collecting VA money since she separated from the AF prior to these charges even being filed against me. She was collecting VA money with a recanted statement. She had no choice but to testify against me or she would likely have lost her VA benefit for it. She was getting out of the military, just had a new baby, and her new husband was not working. She needed the money.

In the 11th and 12th paragraphs, he reflects on many of his personal and professional accomplishments. In the interest of saving space, however, I will not include them here. Instead, I’ll skip forward to the next paragraph:

In early 2009, I received a Red Cross message that my father was in a coma following an accident and suffered a traumatic brain injury. I applied for a humanitarian assignment back to Texas to take care of my father who could not talk, walk, feed himself, bathe, or use the restroom. He could not do anything unassisted. He needed around-the-clock care and assistance. I was his sole caregiver and tended to him every evening after work, leaving his care to a medical aide I hired during the day.

He continues in that paragraph, describing the many responsibilities of his assignment in San Antonio, concluding with this statement:

In early 2013, I found out I had been promoted to senior master sergeant; not long after that, I learned I was being investigated for an alleged sexual assault from 1995 and was removed as the Airman Leadership School commandant.

In the next three paragraphs, Silva reflects on his situation before asking the general for clemency:

If I was guilty of the crimes I was accused of, why would I have not dropped my paperwork to retire? We all knew they were investigating BMT. I did not drop my paperwork, because I knew I was innocent. I loved the Military Training Instructor Corps and what I was able to instill in our Airmen and our Air Force. A lot of them still sought guidance from me over the years. I would never have done anything to discredit myself, my professional appearance, or the United States Air Force.

Any person with the slightest connection to the military can now seek and obtain monetary benefits by merely accusing someone of sexual assault, whether it’s true or not. The military and VA have created incentives to fabricate sexual assault and the result is that innocent people are suffering trials and convictions for crimes they never committed. That is what happened to me. I never raped, struck, nor purposely harmed any woman in my life.

I am respectfully requesting that you grant me full clemency for this wrongful conviction and that I am able to retire with the rank I rightfully earned in the grade of senior master sergeant with all my benefits and pay. I honorably served for 24 years, with “Integrity,” putting “Service Before Self” and “Excellence in All We Do.” I applied these Core Values both on and off duty. The only thing I am guilty of, and regret, is putting the Air Force before my son all these years. I could have managed that aspect better. All I want is a chance to put this behind me and move on with my life. I understand that this is political; I understand that you Sir, would be forced to somewhat put your reputation and career on the line for me. But a trainee with a made up story infiltrated our Air Force, BMT and our way of life. All of this for VA money that our taxpayers are now burdened to assume. If this isn’t stopped it will continue to happen to others. At the very least, please grant me another chance at a fair trial, with an unbiased judge and jury. This is my life. My Freedom has been taken from me and I respectfully request that you help me right this wrong.

Silva ended his letter with a quote from Thomas Aquinas: “as a matter of honor, one man owes it to another to manifest the truth.”

If, based upon the details highlighted above and in the previous article, you believe Silva deserves some form of clemency, I encourage you to reach out to Maj. Gen. Mark A. Brown, 2nd Air Force commander, who is the convening authority (a.k.a., “the decision-maker in the case). All three of the men listed below, however, are worth contacting with your concerns:

MAJOR GENERAL MARK A. BROWN <– Update: He is the convening authority!
2nd Air Force
Keesler AFB, MS
Email: mark.brown@us.af.mil

c/o 502nd Air Base Wing Public Affairs
2080 Wilson Road
JBSA-Fort Sam Houston, TX 78234-5004
Phone: (210) 671-2907
Email: usaf.jbsa.502-abw.mbx.fsh-public-affairs-office@mail.mil

Air Education and Training Command
1 F Street, Suite 1
JBSA Randolph TX 78150-4324
Phone: (210) 652-5224
Email: darryl.roberson@us.af.mil

Thanks in advance for reading and sharing the articles above and those to follow, and 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.

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Sixth Anniversary of Military Injustice Observed

SIX YEARS AGO TODAY, a trial began for Army Sgt. 1st Class Kelly A. Stewart inside a military courtroom in Germany.

Army Green Beret Sgt. 1st Class Kelly A. Stewart went from being a highly-decorated combat veteran in the top one percent of his profession to being a convicted felon. It began with a night in a hotel room. It ended in prison. Read about his wrongful conviction in Three Days In August. Click on image above to order book.

Army Green Beret Sgt. 1st Class Kelly A. Stewart went from being a highly-decorated combat veteran in the top one percent of his profession to being a convicted felon. It began with a night in a hotel room. It ended in prison. Read about his wrongful conviction in Three Days In August. Click on image above to order book.

After a German woman had falsely accused Stewart of rape and kidnapping, the politically-correct military justice system seemed to do everything it could do to convict the veteran of multiple combat tours in Kosovo and Iraq — and they did it in only two days, with the trial beginning early on Aug. 18, 2009.

During the trial, prosecutors presented no physical evidence and no eyewitnesses. When Stewart’s defense attorneys tried to obtain copies of the medical records of Stewart’s accuser so they could be shared in court, his accuser — and the German government — refused to produce the records. Had those records been shared during the trial, they would have shown she suffered from mental illness and had, in fact, spent several months in a care facility prior to the night she spent with Stewart after they met at See Studio, a discotheque in Stuttgart.

Incredibly, the military judge did not end the trial at that point. Instead, he allowed this miscarriage of military justice — and several others I highlight in the book — to take place before the trial reached its conclusions on the evening of Aug. 19, 2009, and members of the court-martial panel (a.k.a., “jury”) announced their verdict.

On Day Three, Stewart was sentenced to eight years in prison and sent away to the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan.

Six months after the trial ended, I learned it had taken place and began to uncover details about Stewart’s case. Soon, I found myself reading the Record of Trial and speaking with individuals close to the case, including members of Stewart’s biological and military families.

Eighteen months after my interest was sparked, I finished chronicling Stewart’s life story and conviction and released it in book form as my first nonfiction book, Three Days In August​.

Click on image above to learn more about Three Days In August and read endorsements of the book.

Click on image above to learn more about Three Days In August and read endorsements of the book.

Though I’ve written many articles about the case and some big names have endorsed the book, the only way you’ll understand why I remain so passionate about wanting to see justice for this TOP ONE PERCENT SOLDIER is by reading Three Days In August​.

Three Days In August​ is available in paperback and eBook at Amazon.com. Signed copies are available as well.

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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Soldiers Experience Vastly Different Court-Martial Outcomes

After comparing the outcomes of two Army court-martial cases that took place in Stuttgart, Germany, in recent years, I can’t help but smell a rat in the military justice system.

This image shows the front of the hotel in Stuttgart where the alleged crimes involving Stewart took place.

This image shows the front of the hotel in Stuttgart where the alleged crimes involving Stewart took place.

One case involved Staff Sgt. Justin Wolfschlag, a military police dog handler who, according to a Stars and Stripes article Thursday, was found guilty of maltreatment of a subordinate but not guilty of a sexual assault charge stemming from his accuser’s claim that he made her perform oral sex on him, similar to some of the content seen on channels such as Tubev Sex and other adult entertainment sources. Members of the court-martial panel acquitted Wolfschlag on the more serious charge after Wolfschlag’s defense team maintained the oral sex and exposure never happened and argued there was no physical evidence presented to support the allegations.

Sergeant Wolfschlag was sentenced Thursday to 60 days’ hard labor and busted down two pay grades but, it appears, will be allowed to remain in the Army.

The other case involved Sgt. 1st Class Kelly A. Stewart, a highly-decorated combat veteran and member of the elite Green Berets, who was accused in November 2008 of rape and kidnapping by a then-28-year-old German woman. Despite the lack of any physical evidence or witnesses and his accuser’s refusal to provide her mental health records — including details of her four-month stay in a psychiatric care facility — to the court, he was found guilty on several sexual assault-related charges, but not rape or kidnapping. Most importantly, he never admitted guilt to any of the charges against him.

Sergeant Stewart was stripped of his Special Forces tab and sentenced to eight years in prison. His stellar career as a combat medic and Level One sniper was brought to a halt by unproven charges, Stewart now lives as a convicted sex offender, based largely on the testimony of a German woman who, according to three of her friends who testified during a post-trial hearing, lied repeatedly on the witness stand during the court-martial.

My very-informed opinion is that Sergeant — err, wait — Private Wolfschlag got off easier than Stewart, largely because: (1) he was not an SF Soldier facing a court-martial panel made up of non-SF Soldiers who had recently served a deployment with the lead prosecutor as their legal officer; and (2) his accuser was an American instead of a German national who could not be held accountable by the military court for anything she said — or didn’t say — on the witness stand and could not be compelled to provide her mental health records to the court.

Of course, there is a lot more to Stewart’s story.

To read other posts about Stewart’s case, click here.

To understand the case fully, order a copy of my first nonfiction book, Three Days In August.

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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. Before we proceed, this matter contains issues that are a difficult subject to cross, both emotionally and legally, which is why it is vital for legal firm like lamber goodnow to cover the proceedings as a legal team will be better equipped to navigate the law side of the situation. Now, let’s move on to the document. First, the 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.

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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.

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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.

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Today Marks Fifth Anniversary of Bogus Trial, Sentencing

Five years ago today, Army Green Beret Sgt. 1st Class Kelly A. Stewart was sentenced to eight years behind bars at the U.S. Military Disciplinary Barracks at Fort Leavenworth. The sentence came one day after the highly-decorated combat veteran was found guilty of sexual assault charges during a military trial that lasted less than 48 hours and produced results that were anything but just.

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Incredibly, no physical evidence or eyewitnesses to the alleged crime was presented during the trial. Instead, based almost solely on the testimony of a German woman, Sergeant Stewart saw his career as an elite Green Beret (i.e., Top One Percent Soldier”) ruined and was unjustly branded as a sex offender for life.

Did I mention the accuser had been an inpatient at a mental health treatment center months before meeting Stewart? It’s true, but members of the court-martial panel never heard that news.

Did I mention the German government refused to provide the accuser’s mental health records to the court? That’s true, too!

Did I mention the fact that three women who knew the accuser — but not Sergeant Stewart — testified during a post-trial hearing that the accuser had lied multiple times during the trial, making statements contradictory to her actual pre-trial behavior? True again!

Incredibly, the accuser also sent a text message to her friends less than 24 hours after her one-night stand with Sergeant Stewart as “Great Sex!” Unfortunately, that text message and another incriminating one made no difference in the outcome of Sergeant Stewart’s court-martial.

Of course, there’s much more to the story of this Soldier who, before being accused by this woman, had an unblemished record as a elite Green Beret and Level One sniper.

You can read about it in Three Days In August, a book based on my thorough review of the actual Record of Trial, extensive interviews with the people involved and the 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.

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