Tag Archives: physical evidence

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.

New Book Cover Offers Solid Backing for Green Beret’s Story

After more than three years on the market, Three Days In August: A U.S. Army Special Forces Soldiers’ Fight For Military Justice is getting a remake that involves the addition of four solid endorsements on its back cover.

Coming Soon! A new cover for Three Days In August by Bob McCarty.

Coming Soon! A new cover for Three Days In August by Bob McCarty.

Atop the list of reviews/endorsements that will appear on the new cover is one received from New York Times best-selling author Richard Miniter soon after the book’s October 2011 release. He wrote:

“Well-written and thoroughly researched, Three Days In August paints a convincing portrait of a military justice process that appears to have lacked one essential element – justice.” — Richard Miniter

A second came from Pamela Geller, the founder, editor and publisher of AtlasShrugs.com. In a December 2011 “Books I Like” article, she included the following statement about the book:

“What emerges is a picture of a military establishment that is cowed by political correctness to the extent that it is even willing to throw our fighting men and women to the wolves to appease the Left.” — Pamela Geller

From among the 18 customer reviews of the book that appear on the book’s Amazon page, portions of two will appear on the new back cover of Three Days In August.

A retired Air Force fighter pilot, Lt. Col. J.P. Reilly read the book and the final six words from the paragraph below will appear on the new back cover:

“Anyone who wants insight into the way the military really handles sexual assault cases should read this story, it would be unfortunate if this was an isolated case but it continues to be repeated. A good Soldier destroyed by the system.” — J.P. Reilly

Last, but not least, the words of Beverly Perlson will also appear on the new cover. A staunch supporter of our military troops and founder of The Band Of Mothers, she read the book and the final five words from the paragraph below appear on the new back cover:

“I just finished reading Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, by Bob McCarty. From the moment I began reading, I couldn’t put it down.” — Beverly Perlson

If you’re interested in learning details about how former Army Green Beret Kelly A. Stewart was railroaded by the military justice system through a trial during which no physical evidence or witnesses were presented by the prosecution, order a copy of Three Days In August.

For a snapshot of Stewart’s situation today and to find out how you can help, read this Open Letter to Any American and/or read this recent article. Thanks in advance!

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!

NOTE: The new cover should begin appearing on books sometime this week.

UPDATE 4/19/2015 at 1:14 p.m. Central: Check out the limited-time free-books offer here.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Sexual Assault Problem in Military Exaggerated by Journalists

Read Jill Filipovic’s latest Esquire article about sexual assault in the U.S. military, and you might conclude that a woman in uniform can’t take two steps on a military installation without being sexually assaulted. And, of course, you would be wrong.

Click image above to link to article.

Click image above to link to article.

Michael Waddington, a military defense lawyer and former judge advocate in the Army, told Military.com two years ago he estimated that ninety percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence. And he’s not the only person to offer views that run counter to those being pushed on the American public by journalists like Filipovic and left-leaning politicians like Sen. Claire McCaskill (D-MO).

Washington Times’ journalist Rowan Scarborough offered several noteworthy findings in his April 6 article, Doubts on military’s sex assault stats as numbers far exceed those for the U.S. Among them are those shown in the paragraph below:

Critics of the Pentagon survey say its 20 percent response rate for 2012 may include a disproportionate number of those who are motivated to participate. This might produce a higher number because the response did not capture a true scientific sample of the total female active-duty force, they say.

Likewise, Lindsay L. Rodman authored a well-written piece, Fostering Constructive Dialogue on Military Sexual Assault, that was published in Joint Force Quarterly 69 by National Defense University Press. The abstract appears below:

Click image to link to article.

Click image to link to article.

Unrealistically high estimates by DOD officials of sexual assaults in the military, along with hazy definitions and methodologies, have fueled the public discourse on this emotional issue, making it unnecessarily hysterical and obscuring the military’s search for solutions. While the military is expected to maintain a higher standard than society at large, the experience of colleges and universities, whose demographic is roughly the same age as the military’s, should be drawn on. Moreover, an understanding of the strengths and weaknesses of criminal law will help draw the debate about the military sexual assault problem away from blaming commanders because they are not always obtaining convictions. The educational and military communities should combine their efforts to find a more holistic solution.

Is sexual assault a real problem in the Armed Forces? Of course, it is, just like it is in society at large. And those actually guilty of these crimes must be punished. Unfortunately, it is not only the guilty who are being swept up by the Defense Department’s out-of-control dragnet.

The mere mention of a man’s name in the same breath as a sexual assault allegation — whether or not a shred of evidence exists — seems enough to convict a serviceman of a sex crime these days. During “He said, she said” court-martial trials, everyone involved — convening authorities, judges and members of the court-martial panel — faces extreme pressure to convict, regardless of whether any physical evidence or eyewitnesses exist to prove guilt. Those who don’t follow the party line face dire consequences. For proof, see this article and this article.

To learn about a military justice case which resulted in an elite Green Beret being convicted and sentenced to eight years in prison based solely on the testimony of his accuser, read Three Days In August.

Click image above to order book.

Click image above to order book.

New York Times best selling author Richard Miniter described this way:

“Well-written and thoroughly researched, Three Days In August paints a convincing portrait of a military justice process that appears to have lacked one essential element – justice.”

Click here to order a copy of my book, Three Days in August.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.