Tag Archives: wrongful prosecution

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.

TIPS RECEIVED

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:

Sir,

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.

UPDATE 12/7/2015 at 8:17 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 11:11 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

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!

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Pentagon ‘Witch Hunt’ Continues as Book About Wrongful Prosecution of Green Beret Marks Fourth Anniversary

Four years ago today, the paperback version of my first nonfiction book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight for Military Justice, went on sale for the first time. Little has changed, however, when it comes to the Pentagon’s relentless campaign of political correctness (a.k.a., “witch hunt”) to convict any and all men accused of sexual assault, regardless of whether such crimes actually occurred.

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Click on image above to order copy of book.

In Three Days In August, I not only chronicled the life story of former Army Green Beret Sgt. 1st Class Kelly A. Stewart, but I dissected the events leading to the false sexual assault allegations made against him by a German woman, the military trial that followed and his conviction in what can only be described as a “kangaroo court-martial.”

Since publishing the book, I’ve become familiar with several other cases of military injustice stemming from false sexual assault allegations. Two of the most-recent ones involve Air Force MSgt. Michael Silva and Army Maj. Christian “Kit” Martin, whose stories I hope you’ll read and share.

Still on sale at Amazon.com, Three Days In August is, in my biased opinion, a must-read book for active-duty, retired and former members of the U.S. military. Likewise, I believe it should be read by anyone who knows someone in the military or who cares about those who serve.

To learn more about the book and read some of the endorsements it has received from people like Pamela Gellar and Richard Miniter, visit ThreeDaysInAugust.com.

For information about my other books, click here. To order signed copies of any of my books, click here.

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Letter Warns Army Chief of Staff About ‘Rat’ at Fort Campbell

As an investigative journalist and author whose nonfiction book, The Clapper Memo, was described by David P. Schippers as “perhaps the most thorough investigative reporting I have encountered in years,” I like to think I’m pretty good at sniffing out “rats.” Of course, it helped to receive confirmation from Schippers, the man who served as the U.S. House of Representatives’ chief investigative counsel during the impeachment of President Bill Clinton. After detecting the odor of a Pentagon-sized “rat” at Fort Campbell, Ky., I decided to let Gen. Mark A. Milley know about it.

Gen. Mark A. Milley, Chief of Staff of the Army (U.S. Army photo by Monica King)

Gen. Mark A. Milley, Chief of Staff of the Army (Monica King)

Below is the text of the 700-word letter I mailed to the newest Army Chief of Staff today:

Dear General Milley:

Are you willing, in your role as Chief of Staff of the United States Army, to allow Army prosecutors at Fort Campbell, Ky., to continue the wrongful and reckless prosecution of Maj. Christian “Kit” Martin on sexual assault allegations even after his female accuser pleaded guilty to a felony crime?

Yesterday, this woman — whose own sister recently described her as “untruthful since childhood” and whose own father told investigators working for Major Martin she had a long history of telling lies — entered a guilty plea before Christian County (Ky.) Judge Andrew Self on a single felony charge of bigamy (i.e., marrying one person while you are still legally married to another) and is now awaiting her sentencing Feb. 17, 2016.

The man she deceived for most of a decade is Major Martin, a same Regular Army officer, Ranger, attack helicopter pilot and Iraq combat veteran your predecessor, Gen. Raymond T. Odierno, once described as a “top of the line” officer of “unquestionable integrity.”

This woman, now a convicted felon, is behind the slew of false allegations against Major Martin, the most outrageous of which is that he sexually assaulted her and her three children. Hardly coincidentally, her allegations began to surface only after Major Martin told her he wanted a divorce.

This woman’s allegations against this outstanding officer are nearly identical to those she made years earlier against her first — and, legally speaking, only — husband. While recently speaking to investigators working for Major Martin, that man said the woman had made the same kind of vile allegations against him but had not pursued them. Instead, she had opted to abduct the two children they had had together — her second- and third-born children — and never return.

This woman might have made similar allegations against the father of her first child, whom she never married, but did not. Instead, she came up with something more creative, telling anyone who would listen that he had been decapitated in a logging accident in Oregon 19 years earlier. She even told her first child that story when she determined him old enough to comprehend.

Something else you should know and might want to investigate, General Milley, is that agents from Army Criminal Investigation Command confirmed not only that they had been unable to locate the reportedly-decapitated man, but that he was dead. It was only through the efforts of Major Martin’s private investigators — and not through the help of any medical examiner, undertaker or cemetery administrator — that the man this woman had hoped to keep in her past was located.

Also worth noting is that the two biological fathers of the three children born to Major Martin’s accuser — even the reportedly-decapitated man — are not only trying to gain back custody of their children, but both are planning to appear and testify during Major Martin’s upcoming military trial, set to begin Dec. 1 at Fort Campbell. Imagine the media circus that will generate!

General Milley, I trust you will look at the facts of this case seriously. I trust you will take a serious look at the outcomes of the multiple military and civilian investigations that found no substance to any of the allegations against Major Martin. And I trust you will cast aside political correctness and pressure from powerful lawmakers to obtain a conviction when all evidence points toward acquittal.

Likewise, I trust you will give serious thought to whether Maj. Gen. Mark R. Stammer is, after making the wrong decision in Major Martin’s case while serving as acting commander at Fort Campbell, suited to wearing two stars as commander of such an important organization as Africa Command‘s Combined Joint Task Force Horn of Africa.

Finally, I trust you will take swift and immediate action to stop this reckless and wrongful prosecution of Major Martin!

Sincerely,

Bob McCarty

cc: Senator Rand Paul; Senator Mitch McConnell; Senator Lamar Alexander; Senator Bob Corker; Ashton Carter; Mr. Jon T. Rymer; Maj. Gen. Gary Volesky; and Maj. Gen. Mark R. Stammer.

Stay tuned for more details, and thanks in advance for reading and sharing the letter above as well as my continuing coverage of Major Martin’s 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.

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.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Bob McCarty Weekly Recap: Sept. 20-26, 2015

I’m a little behind in offering this weekly recap, because I’ve been busy with two important wrongful-prosecution cases that deserve your attention. That said, I hope you appreciate this weekly recap for Sept. 20-26.

Silva-Martin_Coverage

Continuing my coverage of the unfair prosecution of Army Maj. Christian “Kit” Martin, I began the week with a piece published Sunday, Sept. 20, under the headline, Reportedly Decapitated in Logging Accident Almost 19 Years Ago, Man Ready to Testify on Behalf of Accused Army Officer.

On Tuesday, Sept. 22, I offered my first piece about Michael Silva, a former Air Force basic military training instructor who’s seeking to have his sexual assault conviction overturned. It appears under the headline,  Clemency Letter Reveals Much About Pentagon’s Eagerness to Convict Military Men on False Sexual Assault Allegations.

After publishing a brief update about Major Martin’s case — Army Soldier-Aviator’s Trial Date Pushed Back to December — on Wednesday, Sept. 23, I shared another piece about Silva’s case under the headline, Is Accuser’s Facebook Update Riddled With Inaccuracies?

On Saturday Sept. 26, I shared three more articles about Major Martin’s case following a two-day hearing at Fort Campbell, Ky. During that hearing, a military judge heard arguments on the subject of alleged unlawful command influence and prosecutorial misconduct. The headlines for those pieces appear below:

Officer’s Accuser Described as ‘Untruthful Since Childhood’;

Local Prosecutor Says Fort Campbell Counterparts Tried to Pressure Her to Drop Charge Against Army Officer’s Accuser; and

Prosecutors Accused of Misconduct, Breach in Controversial Sexual Assault Case Against Army Officer at Fort Campbell;

Also on Saturday, I shared one more article about Silva’s case under the headline, Social Media Postings Reveal Much About ‘Psychic Medium’ Who Accused AF Basic Training Instructor of Sexual Assault.

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. Thanks in advance!

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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.

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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.