Army Special Forces Soldier, Sgt. 1st Class Kelly Stewart, Railroaded with Collateral Charges in a ‘He Said She Said’ Case After Accused of Sexual Assault by German Citizen (2008)

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Sgt. 1st Class Kelly Stewart, US Army

The early morning hours of August 23, 2008 changed Army Special Forces soldier Sgt. 1st Class Kelly Stewart’s life forever. Stewart went out for a night of drinking and partying in Germany with some other soldiers. Stewart was approached by a woman, a German citizen, and they began to dance. An hour or so later, they would leave together to engage in a casual one night stand. The next morning they said their goodbyes and she gave Stewart her number. A couple months later, Stewart would learn from German police and the Army Criminal Investigation Division (CID) that he was being accused of sexual assault by this same woman. Three Days in August by Bob McCarty takes the reader step by step through Kelly Stewart’s military court proceedings in Germany in August 2009. This book reveals the reasons so many concerned citizens are fighting for military justice reform. Whether you believe he is guilty or not, Kelly Stewart was railroaded with collateral charges in this particular court martial. There was no evidence, no forensic testing, and no witnesses to prove guilt beyond a reasonable doubt yet Kelly Stewart paid the price for embarrassing the US Army in an international incident.

Kelly Stewart had a stellar career and zero history of any wrong-doing in his more then ten year career, including behavioral and criminal. But the military prosecutor would lead you to believe he was a violent rapist luring his one victim with manipulation, not force. You read the book and decide for yourself if Kelly Stewart fits the modus operandi of a would be predator. After watching the Netflix docuseries Making a Murderer and reading Kelly Stewart’s record of trial, it’s looking like we have a case of making a rapist. As with all investigations, this is a testament to the value of the right to remain silent whether talking to your Chain of Command or an investigator. Given the military’s track record with aggressive and ruthless tactics, silence will prevent them from twisting your statements into something they are not. Kelly Stewart may have committed adultery and he owned up to it but what if when questioned he had said nothing and denied even knowing her. It’s not his fault that he or any of our soldiers think they can trust the system only to learn that it will betray them. Nothing can stop us from educating our soldiers about their due process rights, the same rights protected by the very Constitution they are willing to die for.

Related Links:
Save This Soldier: Kelly Stewart, US Army
SFC Kelly A. Stewart Gives Up Peacefully to Military Police at Stuttgart Garrison
Green Beret Released From Prison, Fighting to Clear Name of Sex Assault Charges
Found guilty, he ran; now ex-soldier is on last-ditch appeal
A Travesty Of Justice: Collateral Charges In Military Sexual Assault Cases
My Answer Hasn’t Changed After Four Years
Save Our Heroes Files Complaint with Tennessee Bar & USDOJ – Army JAG Judge, & Former Prosecutor, LTC Jacob Bashore in the Wrongful Conviction of Army Sergeant Mario Jeffers
Three Days In August: A U.S. Army Special Forces Soldier’s Fight for Military Justice

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