Tag Archives: trial

Bob McCarty Weekly Recap: Oct. 4-10, 2015

For the most part, I worked offline this week. I will, however, offer an update about the case of Maj. Christian “Kit” Martin, an Army Ranger and attack helicopter pilot who finds himself facing false allegations that could land him in prison for 58 years* if he’s convicted at his military trial set to begin Dec. 1 at Fort Campbell, Ky. So stay tuned!

Bob McCarty

Bob McCarty

Thanks in advance for reading and sharing my articles. You can show your support and help to keep these articles coming 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: 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?”

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

CODE RED: No Easy Day for Green Beret on Witness Stand

EDITOR’S NOTE: The article below first appeared on this site Aug. 24, 2012. Almost two years 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.

Two Good Books

No Easy Day is the title of a book by Matt Bissonnette (alias “Mark Owen”), a former Navy SEAL-turned author of an unauthorized account of the 2011 Navy SEALs raid on Osama bin Laden’s compound in Pakistan. The three-word title could also describe the time former Army Green Beret Sgt. 1st Class Kelly A. Stewart spent testifying during his court-martial in August 2009.

According to The Daily Beast, Admiral William McRaven used a letter to members of his U.S. Special Operations Command to issue a veiled warning to Bissonnette. Then USSOC commander, he wrote the following:

“Every member of the special-operations community with a security clearance signed a non-disclosure agreement that was binding during and after service in the military. If the U.S. Special Operations Command finds that an active-duty, retired or former service member violated that agreement and that exposure of information was detrimental to the safety of U.S. forces, then we will pursue every option available to hold members accountable, including criminal prosecution where appropriate.”

While Bissonnette became the subject of an NCIS investigation, he has not, to my knowledge, faced any formal charges. Instead, he was ordered to pay $4.5 million to the government for publishing the book without first obtaining clearance.

Conversely, Stewart was sentenced to eight years in prison following a kangaroo-court military trial that followed false allegations he had raped and kidnapped a then-28-year-old German woman. During that trial, he refused to violate the terms of his nondisclosure agreement — even while facing a possible life sentence in a military courtroom in Germany.

The government’s cross-examination of Stewart on Day Two of his court-martial began with the trial counsel asking him questions about friendships he had established in Germany since his August 2008 arrival in the Stuttgart area. Before long, however, it turned into a somewhat-heated exchange—something Stewart later described as being similar to a courtroom scene from the movie, A Few Good Men.

In that scene, a Marine colonel (Jack Nicholson) on the witness stand was accused by a young Navy defense attorney (Tom Cruise) of ordering a “Code Red”—an illegal beating of a Marine by members of his platoon that resulted in his death and a subsequent cover-up. Several minutes of heated exchange between the officers resulted in the colonel finally losing his cool and admitting he ordered the attack.

“Every schooling and every assessment that the military has done on me to assess that I’m stable,” Stewart said, “and that I’m trusted with national security issues and that I can be trusted to make the right, conscious decisions, now is being turned around (so that) every one of those (are) predatory skills that I used to go after Miss Heinrich.”

Still, the trial counsel tried to paint Stewart, a man who had risen into the top one percent of the Army, as a master manipulator whose SF training helped him know how to control a person like his accuser, Greta J. Heinrich*.

After seeing his sentence reduced from eight to three years, Stewart was released from prison March 31, 2011. Four years later — after he had spent his life savings on legal fees and lost all pay and allowances as a result of the trial outcome — he received a letter from the Department of the Treasury and was told he owes the Department of Defense more than $35,000 as repayment for, among other things, a reenlistment bonus he received prior to being court-martialed. See details here.

You can learn more about Stewart’s case here, then read all of the blow-by-blow details on the pages of my first nonfiction book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight for Military Justice. It’s available in paperback and eBook at Amazon.com.

*This is not the real name of the accuser, and it does not appear in the book.

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.

Though Facing Possibility of Life Sentence on Bogus Charges, Green Beret Refused to Violate Code of Conduct During Trial

On trial for his freedom and facing the possibility of a life sentence six years ago, Army Sgt. 1st Class Kelly A. Stewart refused to violate his Code of Conduct as a member of the Army’s elite Special Forces unit known as the Green Berets.

Kelly A. Stewart returns from a mission in Iraq.

Kelly A. Stewart returns from a mission in Iraq.

At one point during his two-day trial inside a U.S. military courtroom in Germany, the trial counsel asked Stewart questions about friendships he had established in Germany since his August 2008 arrival in the Stuttgart area. Soon after, the highly-decorated combat veteran’s time on the witness stand turned into a somewhat-heated exchange during which it appeared the trial counsel was trying to paint Stewart as a master manipulator whose Special Forces training helped him know how to control a person like his accuser.

Stewart’s accuser was a then-28-year-old German woman. On Nov. 7, 2008, she accused him of having raped and kidnapped her two and a half months earlier during a one-night stand that ended in his hotel room in Sindelfingen, Germany. Nine months after he was charged, Stewart found himself convicted at court-martial on multiple charges — including kidnapping, forcible sodomy and aggravated sexual assault of a woman — based almost entirely on the testimony of his accuser.

Below is an excerpt from my first nonfiction book, Three Days In August, in which I chronicle the life story, wrongful prosecution and wrongful conviction of Stewart. In it, I highlight the exchange between Stewart and the trial counsel that shows how the accused soldier refused to violate his Code of Conduct [Note: CDC = Criminal Defense Counsel; TC = Trial Counsel; MJ = Military Judge; WIT = Witness; SERE = Survival, Evasion, Resistance, Escape Training]:

Q. And you were brought to Germany to be an instructor in the survival division?
A. Yes, sir.

Q. And you would consider yourself a–this is somewhat subjective, but a highly trained soldier being a Special Forces soldier?
A. Can you repeat the question, sir?

Q. Being a Special Forces soldier, you would consider yourself highly trained? You have more training than the average soldier in combat-type stuff?
A. Sir, I can’t talk about other soldiers, for instance, the panel is here, their experiences versus mine, I’m not qualified to talk about–

Q. I’m not asking–
A. –I can tell you that I have training in the United States Army.

Q. You don’t consider yourself highly trained?
A. I consider myself trained by the Army, sir.

Q. Okay, you’ve gone through the “Q” Course?
A. Yes, sir, I have.

Q. You’ve gone to the Target Interdiction Course?
A. Yes, I have.

Q. And that trained you how to be a sniper?
A. Yes, sir.

Q. Have you gone through SERE training?
A. Yes, I have, sir.

Q. And not just SERE training, but the high-risk SERE training?
A. Yes, sir, I have.

Q. And that course–those courses are all fairly intense, right?
A. Yes, sir,

Q. Much more intense than your basic training, AIT, your average BNCOC/ANCOC-type courses, is that correct?
A. Any discussions on the details of my training–

Q. Just asking if they’re intense, Sergeant.
A. Sir, I’m trying to answer the question. Any details or my opinions about any of the training that I have attended in the United States Special Forces Qualification Course, I’m not authorized to discuss with you. Now, if in closed session, the judge would like to ask me those questions, I might be able to discuss it with him, but I myself have been instructed, and I have a PAO guy, any of my training I’m not at liberty to discuss with anybody.

Q. So you can’t say that those courses are mentally challenging?
A. I think any courses in the United States Army are mentally challenging, sir.

Q. You can’t say that they’re psychologically tough?
A. I think Basic Training was psychologically tough on me, sir.

Q. Now I pulled this off of the internet, this is open-source information I’m going to ask you about.
A. Okay, sir.

CDC: Objection, Your Honor, to that testimony by the government.

TC: I’m not getting answers to my questions, Your Honor, I’ve got to preface–if he’s going to refuse to answer my questions, I’ve got to tell him where I’m getting this stuff if he’s going to invoke his Special Forces training to prevent him from answering questions or policy, I’m sorry.

MJ: Objection overruled. Ask the question.

Q. At the SERE course you’re taught how to resist violent captors, is that correct?
A. Again, sir, unless I’m authorized by the (Special Operations Command Europe) Public Affairs Officer, I can’t discuss the training that I received at the SERE-level C School.

Q. You’re taught how to resist torture?
A. Again, sir–

Q. We’re going to go through this, so, that’s fine–
A. No, again, sir, I don’t know what I’m authorized to discuss with you because I’m not the releasing authority of my training.

Q. I got this off of Wikipedia.com.

CDC: Objection, Your Honor, that is not evidence before the court, that is merely an assertion by counsel.

Click on image above to order book.

Click on image above to order book.

TC: And the accused will not answer my questions.

MJ: Objection sustained. Ask the question, if the accused answers he answers.

Q. You were taught how to resist torture?
A. I was taught to resist and to return with honor.

Q. You were taught how to resist interrogation techniques?
A. Again, I was taught to resist and to return with honor.

Q. You were taught to resist exploitation, isn’t that correct?
A. I was taught to return with honor, sir.

Q. And you were taught how to combat psychological ploys of your captors, isn’t that correct?
A. Could you rephrase the question, sir?

Q. You were taught how to combat psychological ploys of your captor?
A. Again, any teachings, techniques, plans, or policies that that school has I’m not authorized to discuss with anybody in here, because this is an open forum.

WIT: And if the questions are going to continue down that road, Your Honor, I’d ask that it be at a closed session because currently we are in an open session with an open court and I am not the approving authority or the releasing authority of the information or training that I received there.

The above is only one snippet from his military trial. To learn more, read the other articles I’ve written about the case and read some of the endorsements of the book. To fully understand why I remain so passionate about wanting to see justice for this TOP ONE PERCENT SOLDIER, you’ll have to read the whole book. 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. Thanks in advance!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

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.

American Sniper: My Reasons for Watching Unique

Though I’ve heard much about it and plan to see it one day, my reasons for watching American Sniper will be different than yours. In fact, one might say, they’ll be unique.

What will make my reasons for watching the blockbuster film unique? For starters, I wrote my first nonfiction book, Three Days In August, about an American sniper.

In the book, I tell the story of a Green Beret medic, intelligence operator and Level One sniper (i.e., the highest level of DoD sniper) whose toughest battle had nothing to do with taking out enemy combatants with expertly-calculated shots covering great distances. Instead, he fought the military justice system.

Though I interviewed this warrior at length and on several occasions following his release from the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., I do not recall ever speaking with him at length about his experiences as a sniper. Why? Because we had “bigger fish to fry.”

The book is based largely upon what I uncovered during more than 18 months of investigation that included studying case documents and perusing the official Record of Trial (a.k.a., “trial transcript”). Likewise, it’s based upon details gleaned during the aforementioned interviews. The book does, however, contain some details of this highly-decorated combat veteran‘s time in combat. You can read some of them in the book excerpt, “You always hope somebody’s got your back,” which I published Dec. 31.

Click on graphic above to order a copy of Three Days In August by Bob McCarty.

Click on graphic above to order a copy of Three Days In August by Bob McCarty.

Though Three Days In August hasn’t been turned into a movie yet, many people who’ve read it say it should find its way to the silver screen. I’ll let you decide.

After you read the aforementioned excerpt, I hope you’ll order a copy of Three Days In August and, after reading it, let me know if you think it should be turned into a feature film. Thanks in advance!

UPDATE 2/25/2015 at 1:26 p.m. Central:  A friend sent me a link to an article published under the headline, The Making of a Real American Sniper. It helps explain what Kelly Stewart told me as highlighted in the blue portion of this article‘s lead paragraph. Hope you’ll read and share.

UPDATE 4/19/2015 at 1:13 p.m. Central: Check out the limited-time free-books offer 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.