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

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.

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