Tag Archives: sexual assault witch hunt

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.

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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.

Army Soldier-Aviator’s Trial Date Pushed Back to December

On the heels of a two-day hearing at Fort Campbell, Ky,, the date for Army Maj. Christian “Kit” Martin‘s military trial has been pushed back almost three weeks to Dec. 1.

Major Christian "Kit" Martin is shown at the controls of an AH-64A Apache helicopter in Iraq.

Major Christian “Kit” Martin is shown at the controls of an AH-64A Apache helicopter in Iraq. Click on image above to read other articles about his case.

During the hearing, which began late Monday morning and continued through Tuesday, a military judge heard from attorneys on both sides about the matter of whether unlawful command influence and prosecutorial misconduct was present in the sexual assault prosecution of Major Martin. Though I’m not at liberty to share details at this point, I’m told by people who attended the hearing that it seemed to go well for the defense.

UPDATE 12/7/2015 at 8:26 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.

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.

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.

Woman Writes Letter to General Who Made Decision to Prosecute Soldier-Brother on Sexual Assault Allegations

Today, in my continuing effort to expose the injustice surrounding the prosecution of Army Maj. Christian “Kit” Martin, I share the text of a letter written by Juliet Andes, a sister of the Army Ranger and attack helicopter pilot who stands falsely accused of sexual assault and other crimes by the woman he long considered his “legal” wife. Why do I share this letter now? Because Major Martin is set to go on trial Oct. 12 Dec. 1 inside a military courtroom at Fort Campbell, Ky., unless the effort can be shut down before it begins.

Army Maj. Christian "Kit" Martin is shown with two of his nephews in this 2012 photo.

Army Maj. Christian “Kit” Martin is shown with two of his nephews in this 2012 his sister, Juliet, included in her letter June 19, 2014, letter to then-Brig. Gen. Mark R. Stammer.

Dated June 19, 2014, the letter was sent to then-Brig. Gen. Mark R. Stammer, the man who was serving as acting commanding general and senior officer at the post that’s home of the vaunted 101st Airborne Division, before he received a promotion to major general and assumed command of Africa Command’s Combined Joint Task Force-Horn of Africa at Camp Lemonnier in the East African nation of Djibouti.

Why did the North Carolina woman send the letter to General Stammer? Because he’s the man who appears to have completely ignored the findings of multiple military and civilian agency investigations before deciding to press forward with the prosecution of Major Martin.

And why did General Stammer ignore those findings and opt for prosecution? One can only suspect General Stammer’s decision resulted from his desires: (1) to satisfy his superiors at the Pentagon who are under intense political pressure to prosecute any and all sexual assault allegations, regardless of any facts that surface; and (2) to earn a coveted second star.

The text of the letter from Major Martin’s sister to General Stammer appears below:

Dear General Stammer,

First, thank you for taking time to read this letter. I am writing to you as a mother, a daughter and a sister. I will try to keep it brief to respect your time, as I know you are a very busy man. I would like to begin by thanking you for your faithful and selfless service to our country, and for being a man committed to family values and doing the right thing. As a very busy working mother of 3 small children under the age of 6, I appreciate what it takes to command and lead, although my “army” is much smaller than yours. I am writing you in regards to my brother, Maj. Christian Martin. He is one of your men, a decorated veteran and also a man of strong faith and family values. He has served this country and your Army honorably. He is also in very big trouble. Perhaps my brother’s biggest fault is one of the things that make him a great soldier. He is a rescuer.

Several years ago, against strong reservations from our family, my brother met a woman online who told him she was a victim of abuse and he instantly came to her aid. He found her and her 3 children a safe place to live and married her a short time later (The marriage was just nullified by a Court of law as she was still married to her previous spouse). To make a long story short and spare you the gory details, years later my brother had finally had enough and asked for a divorce. The first words of of this woman’s mouth were “I’m going to ruin your career” and she has succeeded. My brother now finds himself facing a court marshal for a slew of disgusting charges that sicken me, as a mother, to even name. This woman, who hasn’t worked since she met my brother, has no integrity and was reprimanded in a civilian court for coaching her children to lie, is now not only victimizing my brother, but my family, my children (who adore their Uncle) and my aging parents. My brother has passed every test the Army has given him concerning these charges with flying colors, please; I beg of you, give him five minutes of your time to just hear his side of the story. The facts of the case speak for themselves, he has been found innocent on all charges in a civilian court of law. This has been going on for over two years and he needs help. Please stand by your soldier, give him the benefit of the doubt and give him a chance to defend his name and his honor when he’s spent so many years of his life defending ours.

I will end on a personal note if I can. We come from a long line of public servants; our father is a Vietnam veteran with 30 years of service, my sister a retired nurse in the Air Force. My twin sister and I are both local government employees who try to make a positive difference in this world. We are proud people of service and integrity. This woman has lied to my family about everything from having cancer (my parents are both cancer survivors) to being the first woman to climb Mt. Hood. She is not well. I worry for her children, whom my family loved as our own. The charges she has made to the military are vulgar and baseless and they are also very serious. As a mother and a woman, I am perhaps most offended by her abuse of the system. There are real women and children who experience this kind of unthinkable abuse everyday and taking that pain and cheapening it by using it in an untruthful way to exact revenge is the work of a very sick and disturbed person.

I appreciate your time and your commitment to your men, your Army and family. All I’m asking for is a voice for my brother. The facts will speak for themselves. I sincerely hope this letter lands on your desk and not in the waste bin. I feel helpless, frustrated, sad and scared. I want to raise my children in a just world, where their superheroes do save the day. Please, give my brother a chance to defend himself and make that happen.

“We’re going to focus on taking care of our people….” — Fort Campbell Courier, March, 2013.

Sincerely and respectfully,

Juliet Andes

To learn more about this case, read my Sept. 4 piece, Army Soldier-Aviator Faces Possible 58-Year Sentence As Pentagon’s Sexual Assault Witch Hunt Seeks New Victim, and the other follow-up pieces I’ve written and published.

If, after reading about Major Martin’s case and watching the related videos, 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 getting involved and for sharing this news and updates about the case as it moves forward!

UPDATE 9/17/2015 at 12:22 p.m. Central: Moments ago, I obtained a copy of General Stammer’s brief and cold reply to Ms. Andes’ letter. The text of that reply appears below:

Ms. Andes,

Thank you very much for your letter and your heartfelt concern for your brother, Major Martin. i can assure you that he will get full due process under the law and he will be ably assisted by his defense counsel. Feel free to contact either his civilian or military defense counsel: Mrs. Katherine Demps at [phone # and email address redacted], or CPT J Hunter Whyte at [phone # and email address redacted]. Either one will be happy to provide the details on the court-martial process and how you can assist.

Very respectfully,

Mark Stammer

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

UPDATE 12/7/2015 at 8:26 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.

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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