Tag Archives: polygraph

Unlawful Command Influence, Prosecutorial Misconduct Cited as Reasons to Dismiss Charges Against Army Officer

Attorneys representing Maj. Christian “Kit” Martin cited unlawful command influence and prosecutorial misconduct as reasons why all charges against their client, including charges of sexual assault, should be dismissed before their 47-year-old client goes on trial Oct. 12 Dec. 1 at Fort Campbell, Ky. If convicted on all counts, he faces the possibility of being sentenced to 58 years in prison.

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.

Among those alleged to have engaged in unlawful command influence and prosecutorial misconduct, according to the motion to dismiss dated June 28, 2015, is Maj. Gen. Mark R. Stammer, the former acting commanding general at the post who now serves as commander of Africa Command’s Combined Joint Task Force-Horn of Africa in the East African nation, Djibouti. Others named are members of the Army prosecution team and include Special Victim Prosecutor Maj. Jacob D. Bashore, a man who was highlighted recently in a post under the headline, Army Lawyer Surfaces in New Bogus Prosecution Effort, and Capt. James P. Garrett, the lead prosecutor in the case.

Beginning on page 14 of the motion, defense attorneys William L. Summers and R. Tucker Richardson III offer a recap of their UCI argument that focuses on actions taken by then-Brigadier General Stammer (Note: I’ve removed the names of Major Martin’s accuser and her family members. In addition, I’ve deciphered a few Army acronyms as necessary):

The entire case and charges against MAJ Martin are solely the result of undo command influence by BG Mark Stammer as part of his personal agenda to make a name for himself in the current politically charged environment of sexual assault and domestic violence in the military. He has done this continually by repeatedly starting new investigations by new agencies against MAJ Martin and pushing all related allegations to a court martial, regardless of the recommendations of his Article 32 Investigating Officer (IO), Special Victim Prosecutor, lead Prosecutor, Deputy Staff Judge Advocate, and even the recommendations of the alleged “victims.”

A review of MAJ Martin’s timeline shows that all the actions taken against him were done in retribution for his and his family’s Congressional Requests, his Inspector General complaint, and his family and friend’s correspondence and complaints to BG Stammer and his supervisors. The “evidence” against MAJ Martin has been created through dubious and selective means while important facts showing the motives and past history of his ex-“wife” Ms. (accuser and her two aka’s) doing the exact same techniques of using and then “burning” men, like (accuser’s first legal husband and father of accuser’s second and third child), has been ignored. (Accuser’s first legal husband) will testify that after spurious allegations were alleged by (accuser), she took his children, two daughters, and has secreted them for over twelve years. He will testify.

The Fort Campbell Prosecution feloniously interfered in civilian court proceedings in order to try and have MAJ Martin’s “ex’s” pending felony charge of bigamy dismissed in Tennessee and Kentucky courts so that they could continue to prosecute him, a violation of ethics and Posse Comitatus that limits the powers of the federal government in using its military personnel to act as domestic law enforcement (18 U.S.C. § 1385, original at 20 Stat. 152).

In fact MAJ Martin’s entire case has been created and recreated by the Prosecution and Army Criminal Investigation Division when they were ordered to open a third new investigation against him by BG Stammer on 2 April 2014, 18 months after he had separated from (accuser) and after he had previously been cleared by civilian law enforcement, child protective services, civilian court under Judge Flemming, and Army Counter Intelligence (CI).

Army CI conducted a secret six month investigation and surveillance on him based solely upon the accusations of (accuser). They had thoroughly interrogated him and searched his house, with his expressed consent. MAJ Martin later passed a three hour polygraph examination conducted by CI experts flown in from Fort Meade (Sep 19, 2013). At the conclusion of the polygraph MAJ Martin was told by Agent Harris that he “would hear no more about any of his ex’s accusations.” Despite all of this, BG Stammer consistently involved and re-involved himself in MAJ Martin’s case. He had him re-assigned to Headquarters and Headquarters Battery, secretly flagged him, fired him from his position, punished him, had him report daily to a junior officer with no assigned position, and then had MAJ Martin continually reinvestigated over and over again until BG Stammer could get the false statements he needed from (accuser) to justify a court martial.

On 11 July 2014, the charges were reviewed at an Article 32 pre-trial investigation. Despite the Defense not fighting any charges, only recording statements, on 3 August 2014, the investigating officer recommended that none of the sexual charges be referred to a court-martial as there were not reasonable grounds to go forward and witness testimony did not match the timelines and evidence given. The Prosecution then dropped (accuser’s) allegations of rape and sodomy on their own accord, because they knew she was a patently untruthful. Her Article 32 testimony changed repeatedly so often it was obviously a reckless disregard for the truth by her.

Despite this, BG Stammer overruled this recommendation and insisted all allegations should be resolved at a Court Martial. When MAJ Martin was later advised by his attorneys to resign, with the recommendation of the Prosecution including Special Victims Prosecutor MAJ Bashore, the lead prosecutor CPT Garrett, and even the alleged “victims” (accuser and her children), BG Stammer once again overruled them and demanded a Court Martial (EX CC, Memo ).

Maj. Gen. Mark R. Stammer

Maj. Gen. Mark R. Stammer

Further into their motion to dismiss, the defense attorneys highlighted specifics of the alleged UCI violations by General Stammer and prosecutors. Rather than stretch this out to include everything in the 37-page document, I’ll offer some of the allegations as bullet points:

• Acting outside of Army jurisdiction;

• Reassigning Major Martin after he lodged a Congressional inquiry about his situation;

• Launching a second investigation of Major Martin by Military Police Investigations (MPI) after the major had been cleared by a lengthy Army CID investigation;

• Retaliating against Major Martin after being contacted by the major’s father and sister, both Air Force retirees;

• Violating Major Martin’s right to due process;

• Creating a court-martial by initiating a third investigation;

• Witness tampering/obstruction of justice;

• Witness intimidation (at least two instances); and

• Illegal search.

There is much more to come for Major Martin, a man who put on his first military uniform as a private in 1986, marking the beginning of a career that would not only include serving as an Army Ranger, cavalry scout and attack helicopter pilot but also include becoming a Regular Army officer and serving three combat tours in Iraq.

Learn more about Major Martin and his case by reading this story as well as others. After you read them, please SHARE THEM and stay tuned for more updates!

This article was updated to reflect a change in the trial date.

UPDATE 12/7/2015 at 8:27 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 11:15 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

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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Bob McCarty Weekly Recap: Aug. 16-22, 2015

Though it’s been quite a while since I offered a weekly recap, I think one is in order this week as I tackled subjects ranging from 2016 presidential candidates to the revisiting a case of military injustice.

Weekly Recap Aug. 16-22, 2015

On Tuesday, I shared news about a milestone six years in the making. In Sixth Anniversary of Military Injustice Observed, I reminded readers of the basics of the wrongful prosecution and conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart inside a U.S. Army courtroom in Germany during three days in August 2009.

Later that day, I used a headline to ask a question — Did Man’s Confession Save Parents Who Failed Polygraph? — before sharing news about a case I first reported four years ago which should make people think twice about relying upon century-old polygraph technology.

On Wednesday, I warned about the potential impact the release of thousands of AshleyMadison.com (sorry, but no link today) customer records might have on national security. For details, see Military, Government Security Clearance Holders Vulnerable to Blackmail After Hackers Share Ashley Madison Data.

Within hours, I pointed readers to my piece, Though Facing Possibility of Life Sentence on Bogus Charges, Green Beret Refused to Violate Code of Conduct During Trial, about how the Green Beret mentioned in my post one day earlier had displayed extraordinary courage while on trial and facing a possible life sentence.

On Thursday, I shared a message from a former Army colleague of Kelly A. Stewart, the Green Beret about whom I had written two pieces earlier in the week. That colleague said Stewart ‘Always Had Our Backs’.

Also that day, I shared a Facebook note about another case of military injustice involving former Army 1LT Michael C. Behenna, about whom I wrote dozens of pieces over the years. It appears under the headline, Throwback Thursday: Is Army Protecting Someone in Officer’s Chain of Command?

On Friday, I responded to Secretary of Defense Ash Carter‘s invitation to ask him a question in advance of his Worldwide Troop Talk, set to take place Sept. 1. You can read my response to his invitation in my piece, Secretary of Defense Invites Me to Ask Questions.

Before ending the day, I shared guest writer Paul R. Hollrah’s piece, Donald Trump: A Watershed Moment in History, as a way to show what the former member of the Electoral College thinks about what’s at stake in the 2016 presidential election.

Now, as Bugs Bunny used to say, “That’s all folks!”

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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Military, Government Security Clearance Holders Vulnerable to Blackmail After Hackers Share Ashley Madison Data

How many more Aldrich Ames and Edward Snowden types are lurking among the millions of people who hold U.S. Government security clearances, vulnerable to blackmail as a result of their involvement in the AshleyMadison.com data breach?

Click on image above to read Wired.com article about Ashley Madison data breach.

Click on image above to read Wired.com article about Ashley Madison data breach.

If you haven’t heard of AshleyMadison (dot) com, let me offer some background information borrowed from Wired.com’s article published Tuesday:

“Ashley Madison is the most famous name in infidelity and married dating,” the site asserts on its homepage. “Have an Affair today on Ashley Madison. Thousands of cheating wives and cheating husbands signup everyday looking for an affair…. With Our affair guarantee package we guarantee you will find the perfect affair partner.”

Also in the article is news that the data breach included some 15,000 .mil or .gov addresses.

Now that you understand what’s at stake, I’ll continue.

While serving as an Air Force public affairs officer and possessing such a clearance during the last few years of the Cold War, I was regularly reminded of the types of behavior and activities that could prevent a person from obtaining or maintaining his security clearance. Atop the list of things were activities that might make you vulnerable to blackmail by a foreign agent — things such as sexually-promiscuous behavior, financial mismanagement and drug and alcohol abuse, just to name a few. And while those things may sound like everyday activities for members of Congress, those of us in uniform had higher standards. Back then.

Now, fast forward to more-recent days and the four years I spent investigating the federal government’s use of so-called “credibility assessment” technologies, including the polygraph. During those years, I learned a lot about the system via which U.S. government personnel — especially in Defense and Intelligence positions — are vetted in advance of being granted security clearances. Truth be told, I learned more about the subjects of security clearances and background checks during my investigation than I did while in uniform. I also learned CIA employee-turned spy Ames, NSA contractor-turned Russian house guest Snowden and countless others who engaged in unauthorized dissemination of classified information — and, in many cases, blatant espionage — had had to pass periodic polygraph exams as a condition of their employment with U.S. military and intelligence agencies. And pass the polygraph exams, they did!

Even after I exposed a plethora of serious concerns associated with such practices via the May 2013 release of my second nonfiction book, The Clapper Memo, leaders of the Department of Defense and the Intelligence Community, led by Director of National Intelligence James R. Clapper Jr. — continue to rely upon the century-old polygraph in the security clearance vetting process and cause me to ask, “WHY?”

The Clapper Memo offers the closest thing to an answer to that question.

Click here to learn more about the book and read some of the high-profile endorsements it has received.  Click here to order a copy of The Clapper Memo.

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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Did Man’s Confession Save Parents Who Failed Polygraph?

Four years ago this week, then-43-year-old Shawn Morgan confessed he had suffocated Breeann Rodriguez with a white plastic bag, according to an Associated Press report.  Had it not been for his confession, Edgar Rodriguez and Claudia Ramos might have had to face charges for the murder of their three-year-old daughter.  Why?  Because both reportedly failed polygraph tests administered by investigators trying to crack the case.

Shawn Morgan / The Clapper Memo

The little girl’s body was found in a remote area a few miles from the from the family home in the Southeast Missouri town of Senath, population 1,500.

The decision to conduct polygraph tests came after investigators decided they needed fast answers about the girl’s disappearance. That’s when, according to the father who spoke about the matter with CNN’s Nancy Grace Aug. 11, 2011, Breeann’s parents were asked to take polygraph tests and, after the tests were completed, were told they had failed.

Who, exactly, decided to turn to the polygraph?  Dunklin County (Mo.) Sheriff Bob Holder told me the county prosecutor would be able to answer that question. I decided not to call him, however, because I’m not interested in the answer to that question as much as I am in the tests and the consequences little Breeann’s parents could have faced as a result of failing them.

Is there an alternative to the polygraph? Yes, and details about it — including a plethora of success stories and reasons why more local and state law enforcement agencies across the United States use it instead of the polygraph — are highlighted throughout the pages of my second nonfiction book, The Clapper Memo.

Click here to learn more about the book and read some of the high-profile endorsements it has received.  Click here to order a copy of The Clapper Memo.

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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Click on image above to order Bob’s books.

Have You Ever Wondered Why DoD Relies on the Polygraph?

EDITOR’S NOTE: The article below first appeared on this site Aug. 7, 2013. Several months later, it vanished — along with nearly 5,000 others written and published since October 2006 — as detailed in a post eight months ago. Today, I rescued it from where it appears on an alternate site in order to share it below with only minor modifications. Please read and share.

Click image above to order a copy of The Clapper Memo.

Click image above to order a copy of The Clapper Memo.

You’ve probably never wondered why the Department of Defense relies so heavily on the polygraph.  Likewise, you’ve probably never thought about how polygraph technology has maintained its place as the only DoD-approved credibility assessment technology.  After reading the details in my latest nonfiction book, The Clapper Memo, you’ll know why and how.

On no fewer than three occasions since 2004, top DoD officials — including Director of National Intelligence James R. Clapper while he was serving as Under Secretary of Defense for Intelligence in 2007 — have declared the polygraph to be the only such technology approved for use by DoD personnel.  Though many on the front lines, including elite U.S. Special Operations personnel I interviewed for the book, ignored the DoD declarations for as long as they possibly could (see Sample Chapter for details), the Pentagon’s polygraph-only stance remains in place today and is having an often-deadly impact in the form of “Green-on-Blue” attacks against American and Coalition Forces personnel in Afghanistan.

Part of the blame for DoD’s polygraph-only stance lies in the fact that DoD officials withheld critical information from members of the U.S. Senate Armed Services Committee when they were conducting an inquiry into the treatment of detainees at Guantanamo Bay and at other detention facilities in Iraq (i.e., Abu Ghraib, Camp Cropper and Camp Bucca) in 2008. That inquiry resulted in the publication of an unclassified 263-page report, “INQUIRY INTO THE TREATMENT OF DETAINEES IN U.S. CUSTODY,” dated November 20, 2008.

That wasn’t all they kept to themselves.  DoD officials also withheld critical information about an Air Force talking paper on Relevant/Irrelevant Screening Tests (R/IST) conducted on detainees in the Iraqi theater of operations from Aug. 1, 2004, to Oct. 15, 2006.

Notable among the 50-page document’s results, found after conducting polygraph tests on 768 detainees, was the finding that “detainee personnel are just as likely to have committed the suspected act as not.” That finding stemmed from the fact that 47 percent of the tests yielded “No Deception Indicated” results while 46 percent yielded “Deception Indicated” and seven percent “No Opinion.”

In addition to the fact the tests yielded results showing polygraph no more effective than flipping a coin, a quarter of the polygraph examiners surveyed pointed out problems posed by language barriers.

“The Arabic language itself presents an obstacle due to the different translations and dialect and at times the wrong translation of the question was noted by other interpreters,” one examiner said.

“Many interpreters were not fluent in the written Arabic language, precluding them being used by polygraph,” another reported. “They could not translate questions from English to Arabic and back again.”

“I was fortunate to have had motivated interpreters,” a third responded.  “Without them we can’t do the job (without language/culture knowledge).”

A fourth examiner reported, “there was definitely a difference in the level of interpreter experience. Some knew the language and some had a hard time.”

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Click image above to order book.

In The Clapper Memo, the 268-page product of an exhaustive four-year investigation, I highlight the fact that a non-polygraph technology was used at GITMO more than 90 times and achieved a success rate — defined as developing new, previously-unknown intelligence which was independently confirmed or confirmed existing information that otherwise could not be verified — of 92 percent despite the fact most exams were conducted using interpreters.

Now, I ask again:  Have you ever wondered how polygraph technology has maintained its position as the only Department of Defense-approved credibility assessment technology?

In their endorsement of The Clapper Memo, Gold Star parents Billy and Karen Vaughn used words such as “dirty little secrets of politics and greed” and “filthy backroom deals” to describe events and actions that have enabled the polygraph to remain DoD’s credibility assessment technology of choice.  The Vaughns lost their son, U.S. Navy SEAL Aaron Carson Vaughn, two years and one day ago in a helicopter crash in Afghanistan that is the subject of a soon-to-be-published book, BETRAYED: The Shocking True Story of Extortion 17 as told by a Navy SEAL’s Father, co-authored by Billy.

Retired U.S. Navy SEAL Capt. Larry W. Bailey, co-founder of Special Operations Speaks and former commander of the U.S. Navy SEALs Basic Underwater Demoliton/SEALs (“BUD/S”) Training Program, describes what I uncovered in The Clapper Memo as “an unconscionable cover-up.”

Others have endorsed it, too, but you should judge for yourself!  Order a copy of The Clapper Memo today!

SEE ALSO:  Horrific Tragedy Ensues After AC-130 Gunship Crew Denied Opportunity to Engage Afghan ‘Squirters’ in Tangi Valley.

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.