Tag Archives: witness request

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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Civilian Attorney Uses Two-Pronged Approach to Help Army Prosecutors Convict Client’s Ex-‘Spouse’ of Sexual Assault

Sources tell me a Kentucky defense attorney is not only trying to get a local prosecutor disqualified from the case in which her client is set to stand trial Oct. 22 on a charge of bigamy, but she’s also trying to get her client’s trial date pushed back until after a military trial begins at Fort Campbell, Ky. Not surprisingly, her efforts could have a serious impact on that military trial.

Thirty Days of Hell

Click on image above to read “Thirty Days of Hell in the Life of an Accused Army Officer.”

During a pre-trial conference Wednesday, Hopkinsville, Ky., public defender Brandi Jones argued before Christian County Judge Andrew Self that Katherine (Garber) Foster, an assistant county prosecutor, should be disqualified from the case involving her client, because Foster testified during a military hearing Sept. 21-22.

What does Foster’s testimony during a military hearing have to do with her prosecution of a case in civilian court?  For starters, Jones’ client in civilian court is also the woman behind allegations of sexual assault and abuse that could land her “ex-spouse,” Army Maj. Christian “Kit” Martin, in prison for 58 years* if found guilty during a military trial set to begin Dec. 1.

As explained in an article Sept. 27, Foster offered two salient pieces of testimony during the military hearing held at the post that serves as home to the vaunted 101st Airborne Division:

Foster testified she had been contacted in October and November 2014 by two of the Army attorneys involved in prosecuting Major Martin: Maj. Jacob D. Bashore, the special victims prosecutor who was the subject of my Aug. 27 article, Army Lawyer Surfaces in New Bogus Prosecution Effort; and Capt. James P. Garrett, the lead prosecutor; and

Foster told the court she had felt pressured by both officers to drop her bigamy case against Major Martin’s accuser who, it turns out, appears to have never gotten a divorce from the father of her two youngest children before she married the major.

Despite Foster’s testimony, Col. Andrew Glass, the military judge overseeing Major Martin’s case, denied the defense motion concerning prosecutorial misconduct. A surprise? Hardly. He’s the same judge who denied the vast majority of witness requests made by Major Martin’s attorneys. But I digress.

In addition to seeking Foster’s removal from the case, Jones asked Judge Self to give her additional time to review her client’s case.

Why would Jones ask the judge to delay delivery of swift justice to her client? Because her client, if found guilty prior to Major Martin’s military trial, might be called as a witness during that trial and be forced to wear an orange jumpsuit — or the Kentucky equivalent of that if orange isn’t the Bluegrass State’s color of choice for fashionable incarceration — while on the witness stand.

Would the military judge allow such a spectacle — a witness in an orange jumpsuit — in his court room? Probably not, because everyone knows convicted felons are not considered very trustworthy witnesses, and the leadership at Fort Campbell has a reputation to uphold.

CLOSING NOTE: On Monday afternoon, I submitted a Freedom of Information Act request to the Staff Judge Advocate’s office at Fort Campbell. Of course, they were not in the office due to it being a holiday (i.e., Columbus Day). I do hope, however, that they’ll jump on my request today and provide me with the items included in my request. That is, any and all print and/or electronic communications, including, but not limited to handwritten and computer-generated notes, letters, email messages and text messages, between any individual(s) assigned to the Staff Judge Advocate staff at Fort Campbell, Kentucky, including but not limited to Major Bashore, Captain Garrett, Major Jenny S. Whyte-Schlack and any civilian attorney(s) and/or their associates representing Major Martin’s accuser, an alleged bigamist known by several different names, in legal matters in Christian County.

Stay tuned for more details, and thanks in advance for reading and sharing the article above and those to follow. Please show your support of my work 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?”

UPDATE 12/7/2015 at 8:24 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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

‘Thirty Days of Hell in the Life of an Accused Army Officer’

It became obvious Monday that “THE FIX IS IN” for Maj. Christian “Kit” Martin as the Army’s marches forward with its prosecution of the Regular Army officer on allegations he sexual assaulted and abused members of his family. Below, I offer a recap of my coverage of his case. Let’s call it “Thirty Days of Hell in the Life of an Accused Army Officer.”

Thirty Days of Hell

Though Major Martin’s “living hell” has been going on for more than three years, I only became aware of it after seeing a familiar name, Jacob D. Bashore, associated with his case.

On Aug. 27, I published a short piece — the first of 27 pieces — under the headline, Army Lawyer Surfaces in New Bogus Prosecution Effort.

After interviewing the 47 year old via Skype Sept. 2, I knew he would need the public’s help to get some form of military justice. The next day, I issued a plea under the headline, Soldier Facing 58 Years In Prison Needs Your Help! In addition, I promised I would provide more details.

In keeping my promise, I went “full tilt” on his case Sept. 4, beginning with a summary post, Army Soldier-Aviator Faces Possible 58-Year Sentence As Pentagon’s Sexual Assault Witch Hunt Seeks New Victim, in which I thought I had covered all of the major details of the story. In addition, I published the first three of 11 video clips from the aforementioned interview:

Gen. Raymont T. Odierno, USA Ret.

Gen. Raymont T. Odierno, USA Ret.

In an officer evaluation at Fort Lewis, Wash., several years ago, then-LTC Raymond T. Odierno described then-1LT Martin as a “top of the line” officer of “unquestionable integrity.” In video clip #1, I ask Major Martin how it felt as a young officer to receive such high praise from the man who would go on to become a four-star general and serve as chief of staff of the Army. It stands as a snippet of a more-serious conversation about his upcoming court-martial.

In video clip #2, Major Martin talks about his life before he signed on the dotted line.

In video clip #3, Major Martin talks about what it’s like to have had what many might consider a “dream job” — flying the world’s most-sophisticated attack helicopters and using weapons that “go boom.”

On Sept. 5, I published three more interview segments:

Major Martin and his first wife divorced amicably, and he maintains good relationships with her — now remarried — and their three children. After the divorce, he met a woman online. In video clip #4, he tells me about the early days of his relationship with the woman who would later accuse him of horrendous crimes.

Major Martin went to war three times and lived to tell about it. In video clip #5, however, he describes the beginning of another kind of battle he’s fighting, this time with the woman he thought was his legal wife. It’s a battle that reached the boiling point soon after he was assigned to the vaunted 101st Airborne Division at Fort Campbell, Ky.

Major Martin accomplished a lot while wearing an Army uniform. Not only is he an elite Army Ranger, but he is a master Army aviator as well, having racked up some 1,000 hours of combat flying time, including 500 while using night-vision gear. In video clip #6, he describes what happened in his life after the woman he considered his legal wife went to the FBI and told agents he was an international spy.

Somehow, up until today, I had, for some inexplicable reason, overlooked publishing the seventh video in the series. So here it is:

In video clip #7, Major Martin and I discuss a second set of allegations made against him by the woman he considered his legal wife.

I published two more video installments Sept. 6:

Facing the toughest battle of his lifetime, Major Martin had the nerve to contact members of Congress after realizing the Army investigation into sexual assault allegations against him had turned into a witch hunt with him as the prey. In video clip #8, the veteran of three combat tours in Iraq describes the backlash that followed.

In a previous clip, I shared details about the backlash Major Martin felt after contacting members of Congress about the unfair prosecution he was enduring as a victim of the Pentagon’s sexual assault witch hunt. In video clip #9, he describes how then-Brig. Gen. Mark R. Stammer, acting commanding general at Fort Campbell at the time, reacted to two of his subordinates telling him they didn’t think the charges against Major Martin should go forward.

The last two videos went “live” Sept. 7:

Major Martin told me he asked his second wife for a divorce in 2012, and she retaliated by making unfounded allegations against him. During the years that followed, multiple investigations found no wrongdoing on his part, but that didn’t stop the man known as “Stammer the Hammer” from ordering him to face a court-martial. In video clip #10, the distinguished graduate of the University of Nebraska-Omaha ROTC program shares his thoughts about whether intense political pressure forced the general into taking the unwarranted action against him.

In video clip #11, the major reveals what his private investigators found that prompted officials in two states to file their own charges against his accuser. In addition, he reveals what Army investigators did in response.

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.

Via email Sept. 8, I contacted now-Major General Stammer — yes, he received a promotion after decided to send Major Martin to trial (coincidence?) — at his new headquarters in the East African nation of Djibouti where he serves as commander of Africa Command‘s Combined Joint Task Force Horn of Africa. I asked him to explain his decision to prosecute, and he responded as I suspected he would.

On Sept. 9, I offered an up-to-date summary of my coverage under the headline, If You’ve Ever Known An American Soldier….

In a piece published Sept. 10, I highlighted two topics, unlawful command influence and prosecutorial misconduct, as reasons cited by Major Martin’s defense team for the charges against their client to be dismissed. One day later, I added more fuel to the fire of the defense argument in a piece under the headline, Attorneys Cite President’s Unlawful Command Influence, Seek Dismissal of Charges Against Army Helicopter Pilot.

On Sept. 15, I described how members of the national news media, politically-active filmmakers and attorneys are willing to overlook facts in order to promote an agenda. Inadvertently, I left out slimy politicians like Sen. Claire McCaskill (D-MO) and Sen. Kristen Gillibrand (D-NY). My mistake. The story, however, remains worth reading for those who like to deal in facts and truth. See Lies, Damned Lies and Statistics Used as Weapons Against Honorable Military Men in Sexual Assault Witch Hunt.

On Sept. 17, I shared details of a 754-word letter written by Major Martin’s sister and sent via email to General Stammer. Unfortunately, the well-written electronic letter only seems to have stoked the general’s anger. Within hours of receiving the letter, he was in contact with Army prosecutors who, in turn, began harassing Major Martin’s letter-writing sister.

On Sept. 20, I shared news that backs up claims that Major Martin’s accuser can’t be relied upon to tell the truth. The news appeared beneath the headline, Reportedly Decapitated in Logging Accident Almost 19 Years Ago, Man Ready to Testify on Behalf of Accused Army Officer.

News about Major Martin’s trial date being pushed back to Dec. 1 was the least interesting of several topics that surfaced Sept. 21 and 22. It was during a two-day hearing that Col. Andrew Glass, the military judge, heard arguments from attorneys on both sides regarding whether unlawful command influence and/or prosecutorial misconduct had tainted the case against Major Martin.

On Sept. 26, I published my first piece of hearing-related news which focused on the credibility of Major Martin’s accuser. The matter came to the fore when her older sister told the court via phone she did not want to testify and had no opinion as to her sister’s credibility. After that, the defense immediately played an audio recording on which the sister could be clearly heard telling a private investigator that her younger sister — again, Major Martin’s accuser — had been “untruthful since childhood,” had a propensity for making up stories for no apparent reason and could not be believed.

The words above appeared in an email from Maj. Jacob D. Bashore to the local prosecutor, Katherine Foster.

The words above appeared in an email from Maj. Jacob D. Bashore to the local prosecutor, Katherine Foster. Click on image above to read story.

On Sept. 27, I shared two more pieces of news from the hearing. The first appeared under the headline, Local Prosecutor Says Fort Campbell Counterparts Tried to Pressure Her to Drop Charge Against Army Officer’s Accuser. The second appeared under the headline, Prosecutors Accused of Misconduct, Breach in Controversial Sexual Assault Case Against Army Officer at Fort Campbell.

On Sept. 28, while waiting for Colonel Glass to rule on the two topics –unlawful command influence and prosecutorial misconduct — that were the subject of the two-day hearing, I shared another previously-unmentioned tidbit about about how the vast majority of defense witness requests were inexplicably denied by the military judge.

Later the same day, I shared more troubling news under the headline, The Fix Is In: Army Judge Denies Defense Motion Concerning Unlawful Command Influence, Prosecutorial Misconduct. Despite the fact the defense seemed to have presented strong cases for both unlawful command influence and prosecutorial misconduct, Colonel Glass denied the defense motion that both elements were present in the case.

YOUR CALL TO ACTION

To show people in charge of this kangaroo court-martial effort how you feel about the case against Major Martin, contact your elected officials as well as the officials listed below and let them know the prosecution of this Soldier, who’s already been cleared of wrongdoing by multiple investigations, needs to end immediately:

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
Email: 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

COMING SOON: I’ll share comments from a civilian defense attorney who handles military clients. In short, he tells me Fort Campbell has become a choice location for Army prosecutors who are “venue shopping” — that is, looking for prosecution-friendly environments in which to practice their craft.

Stay tuned for more details, and 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.

UPDATE 12/7/2015 at 8:25 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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Army Ranger-Aviator Fights Uphill Battle to Prove Innocence as Military Court Denies Vast Majority of Witness Requests

Over the weekend, I shared three new articles about some of the testimony that took place before Col. Andrew Glass at Fort Campbell, Ky., early last week. In short, the military judge heard arguments from attorneys on both sides about whether unlawful command influence and prosecutorial misconduct had surfaced in the prosecution of Army Maj. Christian “Kit” Martin. Today, I share details about witnesses who were prevented from appearing and ask “Why?”

This graphic tells Maj. Christian "Kit" Martin's story in a nutshell. If justice doesn't prevail, he faces the possibility of spending 58 years in prison for something he did not do.

This graphic tells Maj. Christian “Kit” Martin’s story in a nutshell. If justice doesn’t prevail, he faces the possibility of spending 58 years in prison for something he did not do.

First, some background: Major Martin, 47, is an Army Ranger and attack helicopter pilot with a distinguished 29-year military career — including three combat tours in Iraq — under his belt. Soon after telling his “wife” he wanted a divorce, he found himself the target of serious allegations and multiple criminal investigations followed during the next three years. Today, he faces the possibility of 58 years in prison if convicted on the most recent charges stemming from his ex-wife’s allegations of sexual assault and abuse. Because there is much more to it than I can share in one paragraph, I recommend you read the overview article about the case published Sept. 4 before you read any further.

Now, I’ll briefly recap what I shared over the weekend:

• The headline of the first article, Officer’s Accuser Described as ‘Untruthful Since Childhood’, neatly summed up the testimony of a California woman who is the sister of Major Martin’s accuser;

• The headline of the second article, Local Prosecutor Says Fort Campbell Counterparts Tried to Pressure Her to Drop Charge Against Army Officer’s Accuser, did the same; and

• In the third article, Prosecutors Accused of Misconduct, Breach in Controversial Sexual Assault Case Against Army Officer at Fort Campbell, I focused on the testimony of Army lawyers and whether they were being honest with the court.

While important testimony was spotlighted in the articles above, several other witnesses were prevented from testifying during the Article 39A hearing — essentially a pre-trial hearing during which the parties hashed out details in advance of having panel members (i.e., jurors) present. In fact, prosecutors objected to 19 out of 21 witnesses requested by the defense, and only a handful of those witnesses ended up being allowed to testify.

SENIOR OFFICERS DENIED AS WITNESSES

Among those prevented from testifying were Gen. Raymond T. Odierno, the recently retired Army chief of staff shown in the center of the graphic above. If you’re thinking he might have been called as a means for the defense to bring in “star power,” think again. Back when Odierno was a mere lieutenant colonel at Fort Lewis, Wash., Martin was a young lieutenant AND his executive officer. In fact, in an officer evaluation, then-LTC Odierno described then-1LT Martin as a “top of the line” officer of “unquestionable integrity.”

Also deemed “off limits” by the court was Maj. Gen. Mark R. Stammer, the man shown at right in the graphic above. A brigadier general (a.k.a., “one-star general”) at the time he made the decision to prosecute Major Martin, he soon earned a second star and a slot as commander of Africa Command’s Combined Joint Task Force-Horn of Africa. It would have been interesting to hear his take on why he decided to pursue a conviction of Major Martin after investigations by multiple civilian and military agencies had found no substance in any of the accusations against the 29-year Regular Army officer.

In addition, it would have been interesting to hear General Stammer respond to the testimony of Major Martin’s letter-writing sister, Juliet Andes, whose name also appeared on the list of witnesses initially denied by the prosecution. Email evidence shows General Stammer alerted prosecution attorneys about her email within hours of receiving the electronic letter she had written to him. According to Andes, those prosecutors badgered her for days afterward.

I suspect courtroom observers would have salivated over the testimony of LTC Ryan P. O’Connor, a man who served as Major Martin’s brigade commander at the time allegations surfaced. The lieutenant colonel was denied as a witness, defense sources tell me, because he’d conducted his own investigation into the allegations and was known to have been appalled at the poor excuse for military justice he’d seen taking place before his eyes. Since being transferred from Fort Campbell to Fort Hood, Texas, he has steadfastly refused to reply to Major Martin’s investigators’ repeated attempts to contact him. Can’t blame him. He probably wants to safeguard his own career, too.

CIVILIAN PROSECUTOR DENIED AS WITNESS

Initially denied as a defense witness, Katherine (Garber) Foster, the Commonwealth of Kentucky’s Attorney for Christian County (a.k.a., “the local civilian prosecutor”), was allowed to testify after she showed up in the courtroom on her own accord. Notably, she told the court Army prosecutors tried to pressure her to drop a bigamy charge against Major Martin’s Accuser. Makes one wonder if military prosecutors feared such prosecution might hurt the credibility of their star witness who, by the way, is set to go on trial Oct. 22 in Hopkinsville, Ky.

MILITARY INVESTIGATORS DENIED AS WITNESSES

Also on the list of witnesses who could have shed light on the weakness of the prosecution’s case are several individuals who investigated the allegations against Major Martin while working for civilian and military agencies.

For instance, it would have been interesting to hear Army Counter-Intelligence investigators testify about their investigation into allegations that Major Martin had been some kind of international spy. They could have told the court several things, including the following:

1) They could have told the court about how cooperative Major Martin had been during their six-month investigation which included surveillance and wiretapping as well as an extensive search of his off-post home;

2) They could have told the court about how the laptop allegedly stolen by Major Martin was inoperable and had been out of the Army inventory for seven years before his accuser and her new male friend, a former Army Supply officer, turned it over to the FBI; and

3) They could have told the court about how Major Martin had passed a three-hour polygraph exam they had administered.

Likewise, it would have been interesting to hear Army Criminal Investigation Command agents testify about how they had confirmed that the man who had fathered the first child of Major Martin’s accuser had, as she had long claimed, been decapitated in a logging accident in Oregon almost 20 years ago. Immediately after CID agents testified, it would have been interesting to see the shocked look on their faces when the reportedly-decapitated man walked into the court-room to testify as told investigators working on Major Martin’s behalf he is willing to do.

Finally, it would have been interesting to hear Military Police investigators explain why, during their investigation of allegations against Major Martin, they refused to accept documents and evidence he tried to deliver to them in an effort to further prove his innocence.

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.