Tag Archives: Pentagon

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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

‘Thirty Days of Hell in the Life of an Accused Army Officer’

It became obvious Monday that “THE FIX IS IN” for Maj. Christian “Kit” Martin as the Army’s marches forward with its prosecution of the Regular Army officer on allegations he sexual assaulted and abused members of his family. Below, I offer a recap of my coverage of his case. Let’s call it “Thirty Days of Hell in the Life of an Accused Army Officer.”

Thirty Days of Hell

Though Major Martin’s “living hell” has been going on for more than three years, I only became aware of it after seeing a familiar name, Jacob D. Bashore, associated with his case.

On Aug. 27, I published a short piece — the first of 27 pieces — under the headline, Army Lawyer Surfaces in New Bogus Prosecution Effort.

After interviewing the 47 year old via Skype Sept. 2, I knew he would need the public’s help to get some form of military justice. The next day, I issued a plea under the headline, Soldier Facing 58 Years In Prison Needs Your Help! In addition, I promised I would provide more details.

In keeping my promise, I went “full tilt” on his case Sept. 4, beginning with a summary post, Army Soldier-Aviator Faces Possible 58-Year Sentence As Pentagon’s Sexual Assault Witch Hunt Seeks New Victim, in which I thought I had covered all of the major details of the story. In addition, I published the first three of 11 video clips from the aforementioned interview:

Gen. Raymont T. Odierno, USA Ret.

Gen. Raymont T. Odierno, USA Ret.

In an officer evaluation at Fort Lewis, Wash., several years ago, then-LTC Raymond T. Odierno described then-1LT Martin as a “top of the line” officer of “unquestionable integrity.” In video clip #1, I ask Major Martin how it felt as a young officer to receive such high praise from the man who would go on to become a four-star general and serve as chief of staff of the Army. It stands as a snippet of a more-serious conversation about his upcoming court-martial.

In video clip #2, Major Martin talks about his life before he signed on the dotted line.

In video clip #3, Major Martin talks about what it’s like to have had what many might consider a “dream job” — flying the world’s most-sophisticated attack helicopters and using weapons that “go boom.”

On Sept. 5, I published three more interview segments:

Major Martin and his first wife divorced amicably, and he maintains good relationships with her — now remarried — and their three children. After the divorce, he met a woman online. In video clip #4, he tells me about the early days of his relationship with the woman who would later accuse him of horrendous crimes.

Major Martin went to war three times and lived to tell about it. In video clip #5, however, he describes the beginning of another kind of battle he’s fighting, this time with the woman he thought was his legal wife. It’s a battle that reached the boiling point soon after he was assigned to the vaunted 101st Airborne Division at Fort Campbell, Ky.

Major Martin accomplished a lot while wearing an Army uniform. Not only is he an elite Army Ranger, but he is a master Army aviator as well, having racked up some 1,000 hours of combat flying time, including 500 while using night-vision gear. In video clip #6, he describes what happened in his life after the woman he considered his legal wife went to the FBI and told agents he was an international spy.

Somehow, up until today, I had, for some inexplicable reason, overlooked publishing the seventh video in the series. So here it is:

In video clip #7, Major Martin and I discuss a second set of allegations made against him by the woman he considered his legal wife.

I published two more video installments Sept. 6:

Facing the toughest battle of his lifetime, Major Martin had the nerve to contact members of Congress after realizing the Army investigation into sexual assault allegations against him had turned into a witch hunt with him as the prey. In video clip #8, the veteran of three combat tours in Iraq describes the backlash that followed.

In a previous clip, I shared details about the backlash Major Martin felt after contacting members of Congress about the unfair prosecution he was enduring as a victim of the Pentagon’s sexual assault witch hunt. In video clip #9, he describes how then-Brig. Gen. Mark R. Stammer, acting commanding general at Fort Campbell at the time, reacted to two of his subordinates telling him they didn’t think the charges against Major Martin should go forward.

The last two videos went “live” Sept. 7:

Major Martin told me he asked his second wife for a divorce in 2012, and she retaliated by making unfounded allegations against him. During the years that followed, multiple investigations found no wrongdoing on his part, but that didn’t stop the man known as “Stammer the Hammer” from ordering him to face a court-martial. In video clip #10, the distinguished graduate of the University of Nebraska-Omaha ROTC program shares his thoughts about whether intense political pressure forced the general into taking the unwarranted action against him.

In video clip #11, the major reveals what his private investigators found that prompted officials in two states to file their own charges against his accuser. In addition, he reveals what Army investigators did in response.

Maj. Gen. Mark R. Stammer, gives Secretary of State John Kerry a tour of Camp Lemonnier, Djibouti, May 6.

Maj. Gen. Mark R. Stammer, gives Secretary of State John Kerry a tour of Camp Lemonnier, Djibouti, May 6.

Via email Sept. 8, I contacted now-Major General Stammer — yes, he received a promotion after decided to send Major Martin to trial (coincidence?) — at his new headquarters in the East African nation of Djibouti where he serves as commander of Africa Command‘s Combined Joint Task Force Horn of Africa. I asked him to explain his decision to prosecute, and he responded as I suspected he would.

On Sept. 9, I offered an up-to-date summary of my coverage under the headline, If You’ve Ever Known An American Soldier….

In a piece published Sept. 10, I highlighted two topics, unlawful command influence and prosecutorial misconduct, as reasons cited by Major Martin’s defense team for the charges against their client to be dismissed. One day later, I added more fuel to the fire of the defense argument in a piece under the headline, Attorneys Cite President’s Unlawful Command Influence, Seek Dismissal of Charges Against Army Helicopter Pilot.

On Sept. 15, I described how members of the national news media, politically-active filmmakers and attorneys are willing to overlook facts in order to promote an agenda. Inadvertently, I left out slimy politicians like Sen. Claire McCaskill (D-MO) and Sen. Kristen Gillibrand (D-NY). My mistake. The story, however, remains worth reading for those who like to deal in facts and truth. See Lies, Damned Lies and Statistics Used as Weapons Against Honorable Military Men in Sexual Assault Witch Hunt.

On Sept. 17, I shared details of a 754-word letter written by Major Martin’s sister and sent via email to General Stammer. Unfortunately, the well-written electronic letter only seems to have stoked the general’s anger. Within hours of receiving the letter, he was in contact with Army prosecutors who, in turn, began harassing Major Martin’s letter-writing sister.

On Sept. 20, I shared news that backs up claims that Major Martin’s accuser can’t be relied upon to tell the truth. The news appeared beneath the headline, Reportedly Decapitated in Logging Accident Almost 19 Years Ago, Man Ready to Testify on Behalf of Accused Army Officer.

News about Major Martin’s trial date being pushed back to Dec. 1 was the least interesting of several topics that surfaced Sept. 21 and 22. It was during a two-day hearing that Col. Andrew Glass, the military judge, heard arguments from attorneys on both sides regarding whether unlawful command influence and/or prosecutorial misconduct had tainted the case against Major Martin.

On Sept. 26, I published my first piece of hearing-related news which focused on the credibility of Major Martin’s accuser. The matter came to the fore when her older sister told the court via phone she did not want to testify and had no opinion as to her sister’s credibility. After that, the defense immediately played an audio recording on which the sister could be clearly heard telling a private investigator that her younger sister — again, Major Martin’s accuser — had been “untruthful since childhood,” had a propensity for making up stories for no apparent reason and could not be believed.

The words above appeared in an email from Maj. Jacob D. Bashore to the local prosecutor, Katherine Foster.

The words above appeared in an email from Maj. Jacob D. Bashore to the local prosecutor, Katherine Foster. Click on image above to read story.

On Sept. 27, I shared two more pieces of news from the hearing. The first appeared under the headline, Local Prosecutor Says Fort Campbell Counterparts Tried to Pressure Her to Drop Charge Against Army Officer’s Accuser. The second appeared under the headline, Prosecutors Accused of Misconduct, Breach in Controversial Sexual Assault Case Against Army Officer at Fort Campbell.

On Sept. 28, while waiting for Colonel Glass to rule on the two topics –unlawful command influence and prosecutorial misconduct — that were the subject of the two-day hearing, I shared another previously-unmentioned tidbit about about how the vast majority of defense witness requests were inexplicably denied by the military judge.

Later the same day, I shared more troubling news under the headline, The Fix Is In: Army Judge Denies Defense Motion Concerning Unlawful Command Influence, Prosecutorial Misconduct. Despite the fact the defense seemed to have presented strong cases for both unlawful command influence and prosecutorial misconduct, Colonel Glass denied the defense motion that both elements were present in the case.

YOUR CALL TO ACTION

To show people in charge of this kangaroo court-martial effort how you feel about the case against Major Martin, contact your elected officials as well as the officials listed below and let them know the prosecution of this Soldier, who’s already been cleared of wrongdoing by multiple investigations, needs to end immediately:

Maj. Gen. Mark R. Stammer
c/o CJTF-HOA Public Affairs Office
Phone: +253 21-359-523
Email: africom.cldj.cjtf-hoa.mbx.public-affairs@mail.mil

Maj. Gen. Gary Volesky
c/o 101st Airborne Division
Bldg. 2700, Indiana Avenue
Fort Campbell, KY 42223
(270) 798-3025
Email: usarmy.campbell.93-sig-bde.list.public-website@mail.mil

Mr. Ashton Carter
Secretary of Defense
1400 Defense Pentagon
Washington, DC 20301-1400
https://kb.defense.gov/app/ask

Mr. Jon T. Rymer
Inspector General
U. S. Department of Defense
4800 Mark Center Drive
Alexandria, VA 22350-1500

John M. McHugh
Secretary of the Army
1400 Defense Pentagon
Washington, DC 20301-1400

General Mark A. Milley
Chief of Staff, United States Army
1400 Defense Pentagon
Washington, DC 20301-1400

Senator Rand Paul
167 Russell Senate Office Building
Washington DC, 20510
(202) 224-4343
http://www.paul.senate.gov/connect/email-rand

Senator Mitch McConnell
317 Russell Senate Office Building
Washington DC 20510
(202) 224-2541
http://www.mcconnell.senate.gov/public/index.cfm?p=ContactForm

Senator Lamar Alexander
455 Dirksen Senate Office Building
Washington, DC 20510
(202) 224-4944
http://www.alexander.senate.gov/public/index.cfm/email

Senator Bob Corker
425 Dirksen Senate Office Building
Washington DC 20510
(202) 224-3344
http://www.corker.senate.gov/public/index.cfm/emailme

COMING SOON: I’ll share comments from a civilian defense attorney who handles military clients. In short, he tells me Fort Campbell has become a choice location for Army prosecutors who are “venue shopping” — that is, looking for prosecution-friendly environments in which to practice their craft.

Stay tuned for more details, and thanks in advance for reading and sharing the article 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.

UPDATE 12/7/2015 at 8:25 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 11:14 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.

The Fix Is In: Army Judge Denies Defense Motion Concerning Unlawful Command Influence, Prosecutorial Misconduct

Moments ago, I learned the military judge overseeing the Army court-martial of Maj. Christian “Kit” Martin flatly denied a defense motion concerning unlawful command influence and prosecutorial misconduct in the prosecution of the 29-year veteran taking place at Fort Campbell, Ky.

Major Christian "Kit" Martin

Major Christian “Kit” Martin is shown behind his desk in this screengrab from a Skype interview with me earlier this month.

The news came barely 24 hours after I had posted the third of three articles about the recent two-day hearing during which the judge, Col. Andrew Glass, heard arguments from attorneys on both sides about whether unlawful command influence and prosecutorial misconduct had surfaced in the sexual assault prosecution of Major Martin on allegations. In fact, I was only moments away from wiping virtual “egg” off my face over the fact that I had failed to include something important in my reports about the hearing: hearing attendees had told me Colonel Glass had ended the final day of the hearing by admonishing prosecutors to NOT to work on Major Martin’s case until further notice.

Needless to say, I’m troubled by the judge’s ruling.

One would have to assume Colonel Glass was not paying attention to witness testimony, including that of Christian County (Ky.) prosecutor Katherine Foster who told the court that two Army prosecutors — Maj. Jacob D. Bashore, special victim prosecutor, and Capt. James P. Garrett, lead prosecutor tried to pressure her to drop a bigamy charge against Major Martin’s accuser.

Or, perhaps, Colonel Glass fell asleep when the hearing topic turned to Maj. Jenny S. Schlack-Whyte as the subject of her apparent breach of attorney-client privilege arose?

Most likely, the military judge is just another cog in the military justice machine that is under such intense pressure from elected officials — namely Sen. Claire McCaskill (D-MO), Sen. Kristen Gillibrand (D-NY) and others of their ilk — that he decided to protect his own skin and allow the prosecution to continue.

Regardless, now would be a great idea for readers of this article to contact the officials listed at the end of this overview article and share your concerns about the lack of military justice evident in this case and call for an end to the Pentagon’s sexual assault witch hunt so that no more innocent Soldiers go to prison.

Stay tuned for more details. Meanwhile, be sure to read my other articles about Major Martin’s case.

Thanks in advance for reading and sharing the article 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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

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:

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.

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

BRIGADIER GENERAL ROBERT D. LABRUTTA
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

LIEUTENANT GENERAL DARRYL ROBERSON
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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Reportedly Decapitated in Logging Accident Almost 19 Years Ago, Man Ready to Testify on Behalf of Accused Army Officer

Today, barely two weeks after publishing my first article about the Army’s effort to prosecute Maj. Christian “Kit” Martin, I share new, eye-opening information about the woman behind false allegations that could send this honorable Soldier to prison for 58 years. In addition, I offer an update about an event expected to take place at Fort Campbell this week.

Click on image above to read article published Sept. 4, 2015.

Click on image above to read article published Sept. 4, 2015.

First, the “eye-opening” information: About one-third of the way into the article, under the subhead, NEW BEGINNING, I shared the following description of events:

A few months after the divorce, Major Martin was contacted by a woman via Yahoo! Personals, and they began a relationship. During the first year of their relationship, Martin said, the woman told him about the two men who had fathered her children. He recalled her telling him that the father of her oldest child, a boy, had been decapitated prior to his birth in a logging accident in Oregon; and he remembered her talking about having had to obtain a restraining order against the Guatemala-born father of her two girls after he allegedly sexually abused them. On top of that, he said she claimed he was still stalking them at the time.

Did you catch her claim that the father of her oldest child had been decapitated in a logging accident prior to seeing that child’s birth? Well, miracle of miracles, a private investigator working on behalf of Major Martin recently located and interviewed the man, finding he was alive and well — his head still very much attached — and living in Oregon.

After proving her decapitation claim a lie, the Oregon man also confirmed that the woman now accusing Major Martin of heinous crimes has a long history of telling lies and is the same woman who left him shortly after the birth of that child, a boy, almost two decades ago. Perhaps, most importantly, the man told the investigator he is willing to travel to Fort Campbell and testify under oath as a witness for Major Martin.

Now, the news about this week’s calendar:  A court hearing to consider two issues, unlawful command influence and prosecutorial misconduct, is set to be held Monday and could spill over into Tuesday. For background information about these two key issues, read the articles I published Sept. 10 and Sept. 11.

If, after reading this article and others about Major Martin’s case, you find yourself in a state of disbelief or, perhaps, anger, I encourage you to channel those feelings by contacting any of the individuals listed below:

Maj. Gen. Mark R. Stammer
c/o CJTF-HOA Public Affairs Office
Phone: +253 21-359-523
Email: africom.cldj.cjtf-hoa.mbx.public-affairs@mail.mil

Maj. Gen. Gary Volesky
c/o 101st Airborne Division
Bldg. 2700, Indiana Avenue
Fort Campbell, KY 42223
(270) 798-3025
usarmy.campbell.93-sig-bde.list.public-website@mail.mil

Mr. Ashton Carter
Secretary of Defense
1400 Defense Pentagon
Washington, DC 20301-1400
https://kb.defense.gov/app/ask

Mr. Jon T. Rymer
Inspector General
U. S. Department of Defense
4800 Mark Center Drive
Alexandria, VA 22350-1500

John M. McHugh
Secretary of the Army
1400 Defense Pentagon
Washington, DC 20301-1400

General Mark A. Milley
Chief of Staff, United States Army
1400 Defense Pentagon
Washington, DC 20301-1400

Senator Rand Paul
167 Russell Senate Office Building
Washington DC, 20510
(202) 224-4343
http://www.paul.senate.gov/connect/email-rand

Senator Mitch McConnell
317 Russell Senate Office Building
Washington DC 20510
(202) 224-2541
http://www.mcconnell.senate.gov/public/index.cfm?p=ContactForm

Senator Lamar Alexander
455 Dirksen Senate Office Building
Washington, DC 20510
(202) 224-4944
http://www.alexander.senate.gov/public/index.cfm/email

Senator Bob Corker
425 Dirksen Senate Office Building
Washington DC 20510
(202) 224-3344
http://www.corker.senate.gov/public/index.cfm/emailme

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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.