Tag Archives: Three Days In August

Bob McCarty’s first nonfiction book, Three Days In August (October 2011), chronicles the life story and the wrongful conviction and imprisonment of a U.S. Army Green Beret. It’s available for purchase in ebook and paperback formats at Amazon.com.

Attorney Cites ‘Foul Smell in the Air’ Surrounding Effort to Link Army Officer to Multiple Murders Near Fort Campbell

As Bill Summers tells it, there’s a “foul smell in the air” in Christian County, Ky., and it stems from the way investigators and prosecutors are treating his client after several bodies were found in the small town of Pembroke, 30 minutes north-northeast of Fort Campbell.

This photo shows an Army depiction of court-martial proceedings in progress.

This photo shows an Army depiction of court-martial proceedings in progress.

Just before noon Thanksgiving Day, I had the opportunity to speak by phone with Summers, a veteran defense attorney who, along with a team comprised of several talented attorneys, private investigators and others, is helping Army Maj. Christian “Kit” Martin fight allegations made against him by his ex-wife. That woman, by the way, pleaded guilty in Christian County Court Oct. 14 to one felony count of bigamy (i.e., she admitted in court to having married Major Martin without telling him she was still married to another man) only weeks before the major’s military trial — on sexual assault and other allegations she made against him — was scheduled to begin at Fort Campbell.

Though not my first conversation with Summers since I began reporting in August about the prosecution effort that could send Major Martin to prison for as many as 10 years, it was, by far, the most interesting — especially in light of the fact prosecutors, perhaps as a sign of the weakness of their case, are no longer seeking up to 58 years imprisonment to follow a conviction.

Much of our conversation had to do with events that took place Thursday after local law enforcement investigators found human remains were found in a burned-out vehicle on the outskirts of town, and it began with Summers requesting I share his contact information with members of the Fort Campbell-area law enforcement community.

“Give them my cell phone number, 216-538-0135! Tell anyone who wants to speak with me I’ll be at the hotel on post for several more days, but not beyond Dec. 3.”

Why does Summers want them to call? Because, despite the fact officials with the Kentucky State Patrol, Hopkinsville (Ky.) Police Department and Christian County Sheriff’s Department have had his number since Nov. 20, Summers said, he’s “never got a call, telegram or carrier pigeon” request from any of them to talk. Adding insult to injury, he added that he was once left on hold for 45 minutes by Sheriff’s Detective Scott Noiseworthy.

And then our conversation really took off.

Summers relayed how local law enforcement officials traced the burned-out vehicle to Calvin Lee Phillips, 59, and, soon after, began searching his home at 443 South Main Street in Pembroke as well as another across the street, owned by Major Martin. While searching, however, the local officers were not alone.

Army CID Badge

“Army (Criminal Investigation Division) agents arrived on that scene and joined their non-Army colleagues as they searched the first house and, soon after, at Major Martin’s house,” Summers explained. “And that’s the problem! The Commonwealth of Kentucky had a multiple murder over which the U.S. Army had absolutely no authority or jurisdiction. What were they doing there?

“As a matter of law, the Army could never prosecute nor ever have any jurisdiction over him in connection with these off-post murders,” Summers continued. “Only if Major Martin were convicted of something could (the Army) take any action against him, and I have yet to see Commonwealth of Kentucky vs. Christian Martin on any court docket. So, again, why were they allowed in those homes?”

Asked if the presence of Army CID investigators on scene could be justified by the fact Phillips, whose body had been found dead from gunshot wounds inside his home, had partnered with Major Martin’s bigamist ex-wife in trying unsuccessfully to convince the FBI the Army officer was a thief and an international spy, Summers was quick with a response.

“All Law Enforcement personnel know how untouchable everything inside those homes was — especially by CID agents lacking jurisdiction,” Summers explained. “The KSP, Hopkinsville Police and the Christian County Sheriff all know about the scope and breadth of the attorney-client work product privilege and protected confidentiality, and they had to have been told something by CID agents as to why they were interested in the investigation.

“By allowing Army CID agents to enter these houses, especially Major Martin’s place, these local cops made it possible for them to take photos and otherwise gain access to information protected by attorney-client privilege.”

Summers went on to explain Army officials clearly knew they had no authority over the investigation and should not have entered either home. Still, they entered — under the guise of “assisting” their civilian colleagues — and provided “assistance” in the form of seizing Major Martin’s attorney-client privileged personal computer and work papers and removing them from his home.

“Even the dumbest lawyer in the world — and, yes, even Bashore — absolutely knows how sacred all of those items are/were!” Summers said. “They could not even look at the materials that fall under ‘attorney-client privilege,’ and every law enforcement officer on the scene should have known that — especially those in charge!”

Summers’ Bashore reference in the previous paragraph has to do with Army Maj. Jacob Bashore, the special victims prosecutor at Fort Campbell, who is leading the prosecution’s effort to convict Major Martin on nothing more than the word of his bigamist ex-wife. Summers believes the SVP was directly involved in the effort to get CID agents “in the door” of his client’s home.

Taking into account Major Bashore’s own sworn testimony and the sworn testimony of others — including Capt. James P. Garrett, the Army’s lead trial counsel; Katherine Garber-Foster, Christian County assistant prosecutor; and Laura Spencer, Major Martin’s fiancée — during recent months, Summers believes Major Bashore deserves to be kicked out of the Army, lose his law license and be prosecuted for numerous misdeeds he’s committed.

“In my professional opinion, Major Bashore is ruthless, has a reckless disregard for truth and should lose his license to practice law in Tennessee and anywhere else he might try!” he said.

Familiar with the tactics employed in 2009 by then-Captain Bashore during his wrongful 2009 prosecution of Army Sgt. 1st Class Kelly Stewart, I must agree. You can read about those tactics in my first nonfiction book, Three Days In August. But I digress.

In addition to Bashore, Summers pointed his virtual finger at members of local law enforcement for some of their suspicious decision-making.

“We know for sure the (Christian County) Sheriffs Department were offered the security videos of the night after the murders but before the search, and refused,” he told me, referring to security cameras Major Martin had installed on the exterior of home a few doors down and across Main Street from Phillips’ home. “They seized them later with a search warrant! Why not when we offered them?”

Though Summers didn’t come right out and say it, I got the impression he’s concerned about the skill level of investigators who would delay taking possession of items that could, potentially, reveal much about the person(s) making noises that, at around 2 a.m. on the day Phillips’ body was found, caused Major Martin’s dog to, in his words, “wake up and go ballistic.”

The sheriff’s refusal to accept the cameras isn’t the only example of strange behavior on the part of civilian law enforcement. Along with colleagues from the Kentucky State Patrol, Summers said, they’ve refused other offers as well.

“I offered for (Major Martin) and I to sit down with the sheriff and the KSP, but without the Army,” Summers explained, noting the civilian investigators had expressed interest in interviewing Major Martin — but without his lawyer present. “I said, respectfully, he would be glad to appear but only with me present. They said ‘No deal if the Army can’t be part of the interview.’ Naturally, I said, ‘No Army or no interview!’”

Why is Summers so adamant about restricting his client, a 47-year-old attack helicopter pilot who served multiple combat tours in Iraq, to sit-down talks with non-Army investigators only? Because he doesn’t trust anyone associated with the Army’s investigation of his client, especially after seeing firsthand some of the underhanded and unethical legal tactics Major Bashore has employed.

According to Summers, Major Bashore was “exceedingly dishonest” with members of Major Martin’s defense team when, during a nine-hour period on the day after the bodies were found, they asked him multiple times about the major’s whereabouts. Only later did the defense attorney and his colleagues learn their client had been held for 11 hours without food and water at an undisclosed location at Fort Campbell as Army CID agents tried to “break him down.” Worth noting, the career Army officer remained under virtual “house arrest” on post for four days after members of his defense team learned of his whereabouts.

Summers said he will be submitting a motion to the military judge very soon, requesting that a new hearing be held during which he will explain to the military judge why he believes prosecutorial misconduct charges should be brought against Major Bashore and other members of the prosecution team.

Stay tuned for updates as they surface.

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.

My Answer Hasn’t Changed After Four Years

Almost every time I give a media interview about my first nonfiction book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, I’m asked why I wrote it. My answer goes something like this: “I believe Sgt. 1st Class Kelly A. Stewart, the man whose life is chronicled in the book, deserves a new trial.” Then I explain why.

SFC Kelly A. Stewart (Army) and CMSgt. John Stewart (USAF Ret.)

SFC Kelly A. Stewart (Army) and CMSgt. John Stewart (USAF Ret.)

Below is the long version of my explanation that I wrote down and published in November 2011, one month after Three Days In August was released. It’s the explanation I still offer today:

On March 30, 2010, I came across something about the case of SFC Stewart, a Green Beret who had been convicted and sentenced to eight years in prison after being accused of raping and kidnapping a German woman.

Though I cannot recall or locate whatever it was exactly that made me aware of SFC Stewart’s case, I did keep records of what transpired from that day forward. It began with an email to the Soldier’s father, CMSgt. John Stewart (USAF Ret.), in which I wrote two words: Call me.

During the days and weeks that followed, Chief Stewart forwarded everything he could about the case. In addition, he helped me secure an authenticated copy of the Record of Trial and encouraged me to read it. If, after reading the complete ROT, I didn’t think something had gone horribly wrong with SFC Stewart’s case, Chief Stewart said he would respect my decision.

It didn’t take long, however, for me to conclude that SFC Stewart had indeed become a victim of military justice gone awry.

During the next 12 months, I gathered other documentation, discussed the case with others with close ties to the case and wrote as much as I could write based upon the case records. Then my work on the book took a completely different turn.

On March 31, 2011, SFC Stewart was released from the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., the result of having his sentence reduced to three years and being released on probation after serving 19 months behind bars.

Soon after his release, I was talking with him by phone.

Before it was over, I had interviewed him multiple times, spending more than a dozen hours on the phone and exchanging countless emails — as the only writer, reporter or media person with whom he agreed to discuss the case.

The rest is history.

Based on extensive interviews and offering never-before-published details about the case, Three Days In August paints a portrait of military justice gone awry that’s certain to make your blood boil.

You can learn more about the book and read its endorsements at ThreeDaysInAugust.com. Likewise, you can order a copy by clicking here or on the graphic below.

To read about other military justice cases I’ve followed, click here.

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.

Multiple Bodies Found Near Fort Campbell as Army Officer’s Trial on Sexual Assault Charges Only One Week Away

It would be an understatement of epic proportions to say only that things have gotten more interesting since I published the first of more than three-dozen articles related to the efforts of Army’s efforts to prosecute Maj. Christian “Kit” Martin, 47, on sexual assault allegations. Why? Because so much more, including several mysterious deaths, has happened since then.

According to a local news report published early Thursday afternoon and updated some 27 hours later, human remains were found in two separate locations in Christian County, Ky., early Thursday morning and people began speculating as to whether or not a connection exists between the prosecution of Major Martin and the individuals found dead.

In another local news report today, a spokesman for the Christian County Sheriff’s Office confirmed that the remains found inside a burned-out vehicle off Rosetown Road on the outskirts of the town of Pembroke, Ky., were those of Calvin and Pam Phillips. Correction: I misread the news report cited earlier in this paragraph (i.e., Miller says investigators have still not positively identified the body of the male victim found inside the home of Calvin and Pam Phillips at 443 South Main Street in Pembroke. A new news report confirms Calvin Phillips’ body was found inside his home on Main Street.)

According to the first news report, local law enforcement officials traced the burned-out car to the Phillips’ home at 443 South Main Street in Pembroke, a town located about 30 minutes north-northeast of Fort Campbell, Ky., home to the vaunted 101st Airborne Division. Soon after, they visited that home and found the body of another person — identified only as a man to date — who appeared to have suffered a gunshot wound to his chest. See correction above.

Perhaps of interest to anyone following the case is the fact Major Martin lives only a few doors down and across the street from the Phillips home. In addition, Calvin Phillips is the man who stood with the major’s accuser and ex-“spouse,” in telling the FBI the major was a thief and an international spy. FYI: I placed the word, spouse, in quotes, because she pleaded guilty in Christian County Court Oct. 14 to one felony count of bigamy (i.e., she admitted in court to having married Major Martin without telling him she was still married to another man). The “evidence” the pair turned in to the FBI — as allegedly having belonged to Major Martin — consisted of an inoperable laptop computer that turned out to have been out of the Army’s inventory for seven years and several compact discs upon which had been scrawled words intended to indicate the CDs contained classified information.

Not surprisingly, the extremely-serious allegations prompted FBI officials to pass along the information to investigators at Army Criminal Investigation Command. Those officials, in turn, conducted an extensive six-month investigation which, unbeknownst to Major Martin as it was taking place, included surveillance and wiretapping as well as an extensive search of his off-post home. In the end, the allegations were proven to be false.


After news broke about the bodies being found in Christian County, I was contacted by an individual at Fort Campbell who, having read my series of articles about Major Martin, informed me the major had been arrested Friday by “CID agents with guns drawn.”

In my effort to confirm whether or not Major Martin had, indeed, been arrested, I fired off the inquiry below to Army LTC Chevelle Thomas, a public affairs officer at Fort Campbell, early Monday afternoon:

Colonel Thomas:

I’d like answers ASAP to the following questions regarding Maj. Christian R. “Kit” Martin, a Soldier assigned to the 101st Airborne Division at Fort Campbell:

1. Is Major Martin under some sort of confinement or “house arrest” at Fort Campbell? If so, please provide details about his current status, the reason(s) for it and the anticipated duration of such confinement.

2. Did investigators with the Army’s Criminal Investigation Division staff at Fort Campbell participate in a search of Major Martin’s off-post home at any time during or since Thursday, Nov. 19, 2015? If so, please describe the reason for CID conducting a search of the major’s residence and their legal justification for the same?

3. Do CID investigators at Fort Campbell consider Major Martin a suspect in any recent off-post deaths, including one at a home in his neighborhood, reported over the weekend? If so, why?

4. Do Army officials plan to move forward with plans to conduct a military trial Dec. 1 with Major Martin as a defendant even though his accuser recently pleaded guilty to one felony count of bigamy in Christian County Court?

I was also contacted by another individual who, after requesting anonymity, told me CID agents joined local law enforcement investigators barely 90 minutes after they had begun searching the Phillips home and remained on scene there, and at the nearby house belonging to the major, as it was searched.

These observations appeared to be confirmed in the second news report which cited a Christian County Sheriff’s Office spokesperson as saying the investigations into the deaths remain in the hands of the Christian County Sheriff and Kentucky State Police, with some assistance from Fort Campbell.

While I wait for a response from Colonel Thomas at Fort Campbell, I point readers to more than three-dozen articles I’ve written during the past four months. They are about Major Martin’s case exclusively or about military justice cases in general. Eleven feature excerpts from a video interview I conducted with Major Martin, a highly-decorated attack helicopter pilot and combat veteran. Others tackle the issues of prosecutorial misconductunlawful command influence and the appearance that many Army officers seem bent on convicting a 29-year veteran despite knowing the allegations were made by a woman who’s life history reveals a pattern of deceit and betrayal.

In my next article, I’ll share many previously-unpublished details about the case that were shared with me by a confidential source close to the investigation. Stay tuned!

UPDATE: See also Is Army Trying to Destroy Officer’s Chance for Fair Trial?

UPDATE #2 11/24/2015 at 9:34 a.m. Central: At 9:10 a.m. today, I received the less-than-forthcoming reply (see below) from Colonel Thomas to my four questions submitted yesterday:


Commanders of Fort Campbell have the authority to put administrative limitations within their command.  MAJ Christian Martin is currently pending a General Court Martial for 1-5 Dec 2015 time period. There have been no changes to the docket at this time.

Please refer to the Kentucky State Police Department or the Christian County Police Department for the other questions.

UPDATE #3 11/24/2015 at 4:12 p.m. Central: Approximately 40 minutes ago, I received an update from Colonel Thomas at Fort Campbell. She wrote, “MAJ Christian Martin’s General Court Martial has been officially delayed by the military judge as of today.  It has not been re-docketed so there is no new date to report at this time.” Does this mean the “wheels of justice” might finally be rolling in Major Martin’s direction? Only time will tell.

UPDATE #4 11/25/2015 at 8:59 a.m. Central: I posted a correction in the third paragraph above. It appears in red.

Stay tuned for more!

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.

Bob McCarty Weekly Recap: Nov. 8-14, 2015

The past week was full of news about a multitude of events in which many of the participants attached themselves to their own definition of justice. In my weekly recap below, I offer a review of those events and how I followed them Nov. 8-14, 2015.

Mizzou Bowl-Eligible?

If resignations count as victories, does that mean the Missouri Tigers are bowl-eligible? Click on image above to read about political correctness on campus.

Sunday, Nov. 8

On my website, BobMcCarty.com, I shared nothing new. I did, however, share a few things on my Facebook page.

The week began with good news and bad news, depending upon who your favorite college football team is. For me, good news surfaced when my two favorite football teams, Oklahoma State and Oklahoma in that order, were ranked #8 and #12, respectively, in the college football playoff rankings for Week 11. For many of my neighbors, bad news surfaced when football players at the University of Missouri went on strike and prompted me — and many others in cyberspace — to ask, “Haven’t the Missouri Tigers been on strike all season? Ahem, 4-5?”

I also shared a few political points, including one aimed at Eric Greitens, a former Navy SEAL and Rhodes Scholar who’s running for governor as a Democrat Republican in Missouri. It seems he not only aligns with Al Gore and other liberals in promoting climate change propaganda, but he’s also a big fan of global governance. As a result, I’m siding with a trustworthy Marine, John Brunner, to be the Show-Me State’s next Republican governor.

On a more personal note, Sunday marked Day 100 of the fitness regimen I started Aug. 1, and I reported the loss of 17 pounds toward my goal of 30 that will bring me to the “ultimate fighting weight” at which I graduated from Air Force Officer Training School more than 30 years ago.

Monday, Nov. 9

My first article of the week appeared Monday under the headline, GREEN BERET: ‘The next thing you know, it felt like someone put lighter fluid on me and caught me on fire.’ An excerpt from my first nonfiction book, Three Days In August, it casts a light on details of an Army Special Forces Soldier’s brush with death following his conviction on bogus sexual assault charges.

Kelly Stewart returns from a mission in Iraq.

Kelly Stewart returns from a mission in Iraq.

Among the day’s updates on my Facebook page, I pointed to news about a Jordanian policeman waging an “insider attack” that killed two Americans as a stark reminder of some of the subject matter I covered in my second nonfiction book, The Clapper Memo. In addition, I dubbed The University of Missouri at Columbia “Ferguson West” as protests continued at the school with the football team that’s 4-5.

I also wondered, after reading an article about the Pentagon retracting a report on male-on-male sexual trauma, how long it will take before Defense Department leaders come clean and bring an end to the Pentagon’s insane efforts to convict men on sexual assault charges regardless of whether such assaults took place.

Tuesday, Nov. 10

My second article appeared Tuesday under the headline, Something’s Seriously Wrong When Military Justice System Sides With Psychics, Convicted Felons and Porn Queens. In it, I pointed readers to details about three cases that began with sexual assault allegations made against military men by three unique women: a self-described psychic, a convicted felon and a convicted felon. I couldn’t make this stuff up if I tried!

My third article appeared under the headline, Someone Else at Mizzou Should Resign or Be Fired ASAP, and actually produced results, though I’m not about to claim full credit.

Among the day’s updates on my Facebook page was one that featured a list of questions that came to mind after I read an article in The New York Times about the protests at Mizzou:

• What will happen when a journalist calls the campus police at the University of Missouri at Columbia to report students are trampling upon his freedom of the press?

• Will the campus police come to the aide of the journalist?

• What if the police don’t come to the aide of the journalist? That will make for some interesting reporting. It will also lead to some interesting explanations by the campus police.

• How long will it take for Reverend Al Sharpton and his gang of race hustlers to arrive on campus and begin stoking the fires of discontent?

• MOST IMPORTANT: Will Mizzou football fans stage a mass boycott of the team’s next home game or will it simply look as if they have taken the drastic step when so many stadium seats appear empty as the Tigers trudge through another forgettable season? So many questions. So little time.

Also on Facebook Tuesday, I managed to photograph members of an anarchist group appearing to break the law at my favorite St. Louis-area lake, and I asked a tongue-in-cheek question: Does notching two same-day victories (i.e., getting both the university system president and the chancellor to resign their positions), make the previously 4-5 University of Missouri Tigers football team bowl eligible? Inquiring minds want to know.

Wednesday, Nov. 11

On Veterans Day, I shared my fourth article under the headline, WW II Soldier About Brothers: ‘We All Came Home Alive!’ The piece includes some of my father’s reflections about his personal experiences during World War II.

Click on the image above to read my pieces about Veterans Day.

Click on the image above of my dad in his World War II Army uniform to read my pieces about Veterans Day.

I also shared two related pieces, Story of Four Not-So-Famous Brothers Inspires and V-MAIL: World War II Soldier Writes to Parents Back Home, on my Facebook page Wednesday.

And there was more:

• Related to the student protests at Mizzou, I shared a link to the abstract of the doctoral dissertation, “It’s ‘a good thing’: The commodification of femininity, affluence, and whiteness in the Martha Stewart phenomenon,” completed by Dr. Melissa Click at the University of Massachusetts-Amherst six years before she made headlines for all the wrong reasons at Mizzou;

• I observed how the folks at the state’s largest university had scheduled Mizzou Transgender Day of Remembrance on Veterans Day; and

• I reminded folks of how at least four Republican hopefuls are ineligible to serve as president, according to a man I trust who served twice as a member of the Electoral College.

Thursday, Nov. 12

My fifth article of the week, published Thursday, was more crass commercial message than news, because I asked people to do two things: 1) buy my books; and, afterward, 2) copy Steve Jennings’ example and send me photos of themselves holding copies of my books. Soon after, Ivan Nikolov took the bull by the horns and sent me a photo of himself holding up his copy of The Clapper Memo. Thanks, friend!

Facebook friend Ivan Nikolov holds a copy of The Clapper Memo.

Facebook friend Ivan Nikolov holds a copy of my second nonfiction book, The Clapper Memo.

On my Facebook page Thursday, I shared an excerpt from my first crime-fiction novel, The National Bet, after teasing it with the question, “Ever imagine how horrible it would be if President Obama hijacked your retirement savings?” I also mentioned speaking to an Air Force officer who found himself in the midst of the sexual assault scandal at the Air Force’s Basic Military Training Program and is working on a book about it that I can’t wait to read.

Finally, I shared a priceless video (above) that features Fox Business Channel‘s Neil Cavuto interviewing Keely Mullen, Million Student March National Organizer, about her group’s demand that rich people pay for everyone else’s college costs, that all student loan debt is cancelled and that the minimum wage be raised to $15 an hour for workers on college campuses. After watching it, you’ll understand why I prefaced it with the comment, “I thought I heard the wind whistling through her head, ear to ear, as she spoke.”

Friday, Nov. 13

On Friday, my final article of the week offered another excerpt from my book, Three Days In August. Appearing under the headline, TDIA Book Excerpt: ‘I Wasn’t Going To Be That Dog,’ it is much like the excerpt I shared Monday’ except for that it describes what went through the mind of the elite Green Beret, whose life is the subject of the book, after he was railroaded by the politically-correct military justice system.

Among the items on my Facebook page Friday, I saluted a Medal of Honor recipient, noted the announcement about Gary Pinkel’s plan to retire as the U of Missouri’s football coach (more bad news for Tigers fans) and commented on a variety of other matters, the most important among them being the terror attacks in Paris.

Another five-star review of Three Days In August appeared on Amazon Friday, but I didn’t come across it until today; hence, this is the first mention I’ve made of it. Regardless, the review (below) is a good one and appears to have been written by an attorney:

I had a court-martial at Fort Benning where the Military Judge was the same judge who was presided over US v. Stewart. Both my client and I bought this book to obtain some G-2 on him. It is a really quick read and an informative look on the evolution of military justice in regards to sexual assault prosecutions, which has only grown worse. Bob McCarty has a keen knack for writing about military justice, and this book is by no means dull, particularly if you are a military justice practitioner, or you would like some insight to what it’s like to be sitting in a chair next to your TDS counsel if you are thrown into the military justice machine.

FYI: TDS is the Army acronym for Trial Defense Services (i.e., uniform-wearing defense attorneys).

Thanks in advance for reading and sharing the articles above and those to follow. 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. Until next time.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

TDIA Book Excerpt: ‘I Wasn’t Going To Be That Dog’

Despite the fact prosecutors presented no evidence or eyewitnesses, members of a U.S. Army court-martial panel found Sgt. 1st Class Kelly A. Stewart guilty of sexually assaulting a 29-year-old German woman with whom he admitted having had a one-night stand one year earlier. Below is an excerpt from my book, Three Days In August, about what happened in the life of this elite Green Beret after he was railroaded by the politically-correct military justice system:

Click on image above to order book.

Click on image above to order book.

“So, they find me guilty. It’s late at night. In an instant, my whole life got flushed right down the toilet,” said Stewart, recalling the verdict that changed his life just before midnight on August 19, 2009. “I am smart enough to know that my life is screwed. The rest of my life.  No matter what. My life is done.

“Clearly, I felt that I was shafted, and I knew there was no way to fix it,” he explained. “This is an analogy I use. It might come across as messed up, but this is my analogy, and this is why I chose to do what I did.

“I was not going to have everybody do prison time with me,” said Stewart, recalling his thoughts after a court-martial panel found him guilty of sex crimes against a German woman and handed down a sentence that included a reduction in rank, from E-7 to E-1, forfeiture of all pay and allowances, eight years of confinement and a recommendation for dishonorable discharge upon release.

“I wasn’t going to go to prison and have my kids have to go through having their dad in prison and my wife having to stand by my side and go without a husband for years—and, at that time, I didn’t know the length of the years,” said Stewart, a Special Forces combat medic and Level One-trained sniper. “I didn’t know the length of my sentence; I just knew that I was found guilty.”

Sgt. 1st Class Kelly A. Stewart's uniform was covered with signs of his life as a Top One Percent Special Forces Soldier. Click on image above to order book.

Kelly A. Stewart’s uniform was covered with signs of his life as a Top One Percent Special Forces Soldier.

That’s when he made a decision.

“I never thought I was going to prison,” Stewart said. “When I got back after (being convicted), I had a reality check in the hotel room” at the Krystal Inn, the on-post hotel where he was staying near the court building where his trial was taking place at Rose Barracks in Vilseck, Germany.

About the only plans he made took place during the last intermission in the courtroom before his guilty verdict was announced. After calling his wife and telling her he wouldn’t be coming home soon, Stewart also called his military-friendly bank, USAA, and transferred all of the money in his account into his wife’s account.

“I already knew what I was gonna do,” he recalled.

Back in their room at the Krystal Inn, Stewart and his buddy, Sergeant First Class Detrick Hampton, laid in their beds and talked most of the night until Sergeant Hampton fell asleep around 5 a.m. Less than an hour later, Stewart began to implement his hastily-crafted plan.

Careful not to wake Sergeant Hampton, Stewart got up out of his bed about an hour later, put on his Army Combat Uniform and low-quarter shoes and collected a few items—including a combat knife and a rubber band—he thought he might need. Oddly, he left his black Army jump boots in the room.

Kelly Stewart on a gun truck in Iraq.

Kelly Stewart on a gun truck in Iraq.

Quietly, he walked out of his second-floor room at the Krystal Inn where, even after he was found guilty, he was not kept under guard—an indication, perhaps, that some in the Army still didn’t think he was as dangerous as the charges, eventual conviction and news media coverage of his case might have indicated. He had, after all, never been deemed a danger to others or a flight risk.

Because he had not planned to go away for a long time, Stewart didn’t prepare by gathering lots of clothes, money and 16 passports. Instead, he ensured only that he had enough money for gas to go where he needed to go to take his own life. And with three combat tours in Iraq and other stints in Kosovo and Macedonia under his belt, he knew enough about medicine to make it happen.

Once outside the hotel room, Stewart walked the short distance to a staircase in the center of the building, down a single flight of stairs and through an open-air hallway out to the parking lot where his rental car, an Audi Q5, was parked.

He drove the SUV a short distance to the Shoppette—the name the Army and Air Force Exchange Service gives its convenience stores located on military installations—where he purchased a laundry list of items:  three 50-count bottles of Tylenol caplets, one 72-count package of Sominex tablets, two 16-ounce bottles of Gatorade Riptide Rush, some writing paper and a couple of pencils.”

Find out what happened next in the life of this man who sacrificed so much for his country only to be betrayed! Order a copy of Three Days In August.

To read other articles about the the wrongful prosecution of Sergeant Stewart, including one about a post-trial statement that should have netted him a new trial, click here.

To read about other cases of military justice run amok, click here.

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