Posts Tagged ‘court martial’

Bob McCarty

Green Beret Released From Prison, Fighting to Clear Name of Sex Assault Charges

by Bob McCarty

A lot has changed in the life of former Army Special Forces Sgt. 1st Class Kelly A. Stewart since the last time his name appeared on the virtual pages of Big Government’s sister site, Big Peace, Jan. 2, but the highly-decorated Green Beret and combat veteran is still fighting to clear his name from sexual assault charges that placed him behind bars.

SFC Kelly A. Stewart

On Aug. 26, 2010, Brig. Gen. Steven L. Salazar reduced Stewart’s sentence from eight years to three years, making him eligible for parole immediately. Seven months later, Stewart was released on parole from the U.S. Military Disciplinary Barracks at Fort Leavenworth, KS. Today, he is living and working in Virginia.

Despite being out from behind bars, Stewart is still fighting to clear his name and shed the “sex offender” label that will stay with him the rest of his life if justice remains out of reach.

How did he get that label in the first place?  Here’s the short version:

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Bob McCarty

Army Officer Kills Al-Qaeda Operative, Imprisoned After Prosecutors Ignore Own Expert Witness

by Bob McCarty

By Bob McCarty and Carrie Fatigante

An e-mail Dr. Herbert Leon MacDonell sent to Capts. Meghan Poirier, Jason Elbert and Erwin Roberts — Army prosecutors all — just after 4 o’clock in the afternoon Feb. 27, 2009, should have warranted their attention for several reasons, but they opted to treat the information it contained in exactly the same manner as they had treated it when delivered in person a day earlier.

Largely as a result of the prosecutors’ decisions, Army Ranger 1st Lt. Michael Behenna is now serving a 20-year sentence at Fort Leavenworth after being convicted by a seven-member court-martial panel of unpremeditated murder in the shooting death of Ali Mansur, a known Al-Qaeda operative.

Michael Behenna

Why should the prosecutors have paid attention to what Dr. MacDonell had to share with them?

For starters, they should have paid attention, because Dr. MacDonell is the expert witness in blood stain forensics they had flown to Fort Campbell, Ky. to testify in the case. Now serving as director of the Laboratory for Forensic Science in Corning, N.Y., Dr. MacDonell’s expert forensics career spans five decades and includes such high-profile and complex cases as the assassinations of President John F. Kennedy, Sen. Robert F. Kennedy, Martin Luther King Jr., and the case against O.J. Simpson. In other words, he’s no slouch when it comes to investigations.

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Bob McCarty

101st Airborne Officer Serving 20-Year Sentence After Testimony of Expert Witness Ignored

by Bob McCarty

By Bob McCarty and Carrie Fatigante

It’s not uncommon for people convicted of crimes to proclaim their innocence. Most deserve to be ignored, but not Army Ranger 1st Lt. Michael Behenna.

Michael Behenna

On July 31, 2008, Lieutenant Behenna was charged with the premeditated murder of Ali Mansur, a known Al-Qaeda operative operating in the area of Albu Toma, north of Baghdad. Seven months later, the 26 -year-old leader of the 18-member Delta Company, 5th platoon of the Army 101st Airborne Infantry Division, was sentenced to 25 years confinement at Fort Leavenworth after being convicted by a military court-martial panel of unpremeditated murder in violation of Article 118 of the Uniform Code of Military Justice.

Though a judge later reduced his sentence to 20 years, the Edmond, Okla., native remains confined at the U.S. Army Garrison in the middle of Kansas, largely due to the fact that a forensics expert whose testimony likely would have exonerated him was never allowed to be heard during the court-martial.

That forensics expert, Dr. Herbert Leon MacDonell, is director of the Laboratory of Forensic Science in Corning, N.Y. During a career spanning five decades, he’s been involved in such high-profile cases as the assassinations of President John F. Kennedy, Sen. Robert F. Kennedy and Martin Luther King Jr., and the 1994 double-murder case involving O.J. Simpson. In this case, he appears to harbor strong feelings about the evidence — the kind of feelings that might lead anyone who doesn’t earn an income as an expert witness to say he believes Lieutenant Behenna is innocent.

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Bob McCarty

Retired Navy SEAL Questions Nation’s Priorities

by Bob McCarty

EDITOR’S NOTE: President Barack Obama outlined his new strategy for waging his surge-and-retreat style of war in Afghanistan Tuesday night.  Because that strategy will involve the expedited deployment of 30,000 more troops under the cloud of an announced timetable for withdrawal, I’m eager to offer the important guest post below.  Written by a friend, it’s especially timely in light of the news that broke one week ago about three Navy SEALs facing assault charges for doing their job in Iraq. For fear of reprisal, the author has insisted on anonymity.

Court-martial over a bloody lip?

The recent news regarding the U.S. Navy SEALs who are facing trial by court-martial raises many questions about the current mental state of America’s military, its civilian leadership and the thoughts and feelings of the American people in general.

Caine1650

Evidently, right and wrong have traded places on today’s moral compass.  What kind of military or government sends its finest, most well-trained warriors to capture a heinous terrorist, only to bring those special operators up on charges for “mistreating” the despicable enemy mastermind of the murder, disfigurement and desecration of the four Blackwater contractors in March 2004?

Is giving an enemy terrorist a fat lip as bad as shooting and killing four American contractors on a food delivery run?  Is a bloody lip equal to dragging dead American bodies through the streets of Fallujah and hanging them from a bridge?  Are a few bruises, normally associated with apprehending a non-compliant enemy combatant, as bad as lighting dead American bodies on fire and chanting while videotaping for the world to see?

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Bob McCarty

Six Important Facts About the Assault Charges Three Navy SEALs Face for Doing Their Jobs

by Bob McCarty

navy-seals

In recent years, I’ve published too many posts about members of the Armed Forces facing undeserved charges:

  • First, it was the so-called “Haditha Marines” who faced trumped-up charges, thanks largely to idiots like Rep. John Murtha (D-Pa.) declaring them guilty before a mainstream media eager to paint them in a bad light.
  • Next, it was Army Ranger 1st Lt. Michael Behenna who was wrongly convicted of executing an Iraqi detainee, Ali Mansur, on May 16, 2008, and is now serving a 25-year sentence at Fort Leavenworth, Kan.
  • Now, I’m following the case of three Navy SEALs facing assault charges related to their capture of Ahmed Hashim Abed.  Who is Abed?  He’s the alleged planner of the March 2004 ambush, killing and mutilation of four Blackwater contractors in Fallujah, Iraq.  The SEALS gave this enemy combatant piece of dirt a fat lip while apprehending him.

As my first investigative reporting effort related to the SEALs’ case, I offer six important facts about the case you’re likely not to read about in the mainstream media supplied to me by a source whom I cannot name inside the Pentagon:

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