Tag Archives: military justice system

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!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Sean Hannity Accomplice to Crime of Military Injustice

When the folks at “The Sean Hannity Show” published an article under the headline, U.S. Army Eating it’s Own: A Green Beret Needs Our Help, my head nearly exploded! Then I concluded Sean Hannity can only be described as an accessory to the crime of military injustice committed by the U.S. Army against one of its own, Sgt. 1st Class Kelly Stewart.

Click on image above to read article at Hannity.com.

Click on image above to read article at Hannity.com.

Why? Because I’ve been plugging away for almost four years, trying to get anyone in the mainstream news media — Sean Hannity included — to pay attention to Stewart’s case.

Stewart, a Green Beret medic and Level One sniper, was falsely accused in November 2008 of rape and kidnapping by a then-28-year-old German woman. Nine months later, he was convicted during a military trial that took place during three days in August 2009.

Interestingly, no physical evidence or eyewitnesses were presented by the Army prosecutor during that trial. The guilty verdict seemed to hinge solely on the words of the accuser, a woman who not only spent months in a mental institution prior to meeting Stewart but also stood to gain financially (i.e., her government would compensate her as a “victim of sexual assault”) if Stewart was found guilty. In the end, she made money.

During a post-trial hearing months after the conviction, several individuals who did not know Stewart testified that his accuser had told multiple lies while on the witness stand during the trial. After hearing their testimony, however, the military judge decided to ignore it.

Today, after serving time behind bars at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Stewart lives as a convicted sex offender with nothing to show after a stellar career during which he served in places like Kosovo and Iraq and rose to the top one percent of the Army without a single blemish on his record until he was falsely accused.

One would think such a story might interest Hannity, but no.

Even with an inside track to one of Hannity’s radio show producers, whom I don’t hold responsible for Hannity’s poor decisions, Hannity hasn’t devoted a moment of on-air attention to the case of the highly-decorated combat veteran whose life story is chronicled in my first nonfiction book, Three Days In August.

Even with endorsements of the book by New York Times best-selling author Richard Miniter, anti-Islamic terrorism activist and Atlas Shrugs founder Pam Geller, The Band of Mothers founder Beverly Perlson and others, Hannity has opted to ignore the military injustice suffered by this elite Soldier.

Hannity may have high ratings on radio and television, but I’ve turned him off.

Click on image above to order copy of book.

Click on image above to order copy of book.

To learn more about Stewart, visit ThreeDaysInAugust.com or read other articles about his case. To order a copy of the book, click here or on one of the links below.

FYI: Yes, I realize I’m burning a bridge by publishing this piece, but who cares; it was a bridge to nowhere.

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!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

American Sniper: My Reasons for Watching Unique

Though I’ve heard much about it and plan to see it one day, my reasons for watching American Sniper will be different than yours. In fact, one might say, they’ll be unique.

What will make my reasons for watching the blockbuster film unique? For starters, I wrote my first nonfiction book, Three Days In August, about an American sniper.

In the book, I tell the story of a Green Beret medic, intelligence operator and Level One sniper (i.e., the highest level of DoD sniper) whose toughest battle had nothing to do with taking out enemy combatants with expertly-calculated shots covering great distances. Instead, he fought the military justice system.

Though I interviewed this warrior at length and on several occasions following his release from the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., I do not recall ever speaking with him at length about his experiences as a sniper. Why? Because we had “bigger fish to fry.”

The book is based largely upon what I uncovered during more than 18 months of investigation that included studying case documents and perusing the official Record of Trial (a.k.a., “trial transcript”). Likewise, it’s based upon details gleaned during the aforementioned interviews. The book does, however, contain some details of this highly-decorated combat veteran‘s time in combat. You can read some of them in the book excerpt, “You always hope somebody’s got your back,” which I published Dec. 31.

Click on graphic above to order a copy of Three Days In August by Bob McCarty.

Click on graphic above to order a copy of Three Days In August by Bob McCarty.

Though Three Days In August hasn’t been turned into a movie yet, many people who’ve read it say it should find its way to the silver screen. I’ll let you decide.

After you read the aforementioned excerpt, I hope you’ll order a copy of Three Days In August and, after reading it, let me know if you think it should be turned into a feature film. Thanks in advance!

UPDATE 2/25/2015 at 1:26 p.m. Central:  A friend sent me a link to an article published under the headline, The Making of a Real American Sniper. It helps explain what Kelly Stewart told me as highlighted in the blue portion of this article‘s lead paragraph. Hope you’ll read and share.

UPDATE 4/19/2015 at 1:13 p.m. Central: Check out the limited-time free-books offer here.

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!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.