In July 2012, ex-Marine and police officer Robert McClain was sentenced to 20 years and four consecutive life terms for brutalizing his wife and her lover in an hours long attack on September 28, 2008 in Irvine, California. Once McClain learned of his wife’s affair, he asked her to introduce him to her new boyfriend because he wanted to meet the man who would be around his children. Unbeknownst to her, McClain brought knives and guns to the meeting so he could punish both victims because of their affair. According to his wife Summer Lang, McClain was extremely jealous, controlling and violent during the marriage. When he learned his wife wanted to divorce him after 12 years of marriage, he planned the attack on her and her lover, Michael Heflin. McClain was convicted of several felonies including rape, torture, and kidnapping. Although Michael Heflin survived the attacks, he was beaten and stabbed multiple times, resulting in permanent brain damage and other life long injuries. Summer was tortured, kidnapped, and raped but managed to escape after Robert McClain fell asleep.
“What’s scary about this case is if he can do that to his wife he can do that to anybody.” -The Orange County Register
Love is in bloom for a young marine and his wife, until a musician sweeps in, leaving behind lies and treachery. Passion and jealousy will explode into murder. -Discovery ID
Honoring Jacqwelyn Joann Villagomez, 19, who tragically died on September 1, 2008 at the hands of Army Private John Needham, a medically retired soldier struggling with Post Traumatic Stress Disorder and Traumatic Brain Injury. Although John was charged with her murder, he died on February 19, 2010 shortly before the trial of an apparent overdose on painkillers.
Army veteran Kanika Powell, 28, was brutally gunned down outside the door of her home on August 28, 2008 in Prince George’s County, Maryland. Kanika enlisted in the Army in 2000, served in Korea, and then got out of the military and was finally living her dream job in national security. Kanika had a top secret security clearance. Prior to the murder, Kanika had some odd encounters. Two men showed up at her house claiming to be the Federal Bureau of Investigation (FBI). They called her by name and put a fake FBI badge up to her peephole. She did not open the door. She called her work to ask if someone sent them; they had not. The incident frightened Tanika. Five days later another man showed up at her house, asked for her by name, claimed to have a package for her then left. Twelve hours later someone else showed up again claiming to have a package for her then left. Tanika was fearful for her safety. A few days later Kanika was shot several times. The gunman was standing right outside her door waiting for her. The police report that no hand gun was found and there are no known suspects at this time. The case has turned up few leads. Kanika’s wallet and keys were found next to her body so robbery was ruled out as a motive. The police do not believe her job was the motive. The police and Crime Watch Daily welcome tips.
“On Saturday, August 23rd, 2008, Kanika had a frightening experience where a man posing as an FBI agent had tried to gain access to her apartment. He knew her name, and approached her door, but Kanika was intelligent enough to not allow him inside. She later called the police to report the incident…When she arrived back at her apartment at approximately 11:50 a.m., someone was waiting in the hallway and shot her multiple times…Police were baffled by the seemingly motiveless crime and didn’t have so much as a single suspect.” –Trace Evidence
The Murder of Kanika Powell (027) | Trace Evidence
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.
On August 11, 2008, Marc Patrick O’Leary raped an eighteen year old at knife point in Lynnwood, Washington. The 18 year old woman reported the rape to her local police department but they accused her of lying and she was charged with false reporting. In 2011, Marc O’Leary was arrested in Colorado for rape and consequently admitted to raping several women in Washington and Colorado. DNA, digital evidence, and O’Leary’s vehicle linked him physically to several rapes. As it turns out, there was evidence on a camera corroborating the 18 year old’s report of rape in 2008. Investigators learned the Lynnwood, Washington police didn’t believe the alleged victim of rape and she was indeed found guilty of false reporting and fined $500.
The victim sued the City of Lynnwood who refunded her $500 fine and settled out of court for $150,000. Marc O’Leary pleaded guilty to the rapes in Colorado and was sentenced to over 300 years in prison. ProPublica covered the story and highlighted the dangers of mishandling rape cases and not using the FBI national database created to help catch repeat offenders. ProPublica won a Pulitzer prize for their coverage of “An Unbelievable Story of Rape” with The Marshall Project. Maureen Maher of 48 Hours also did an investigation titled the “Hunted” and she went inside the mind of a serial rapist who was hunting his victims while two detectives were hunting him.
Cops can be protective about their cases, fearing that information could be leaked that would jeopardize their investigations. They often don’t know about, or fail to use, an FBI database created years ago to help catch repeat offenders. Between one-fourth to two-thirds of rapists are serial attackers, studies show. -ProPublica
True Crime:
“48 Hours” goes inside the mind of a serial rapist hunting his victims while two detectives were hunting him. -48 Hours (November 17, 2016)
Inspired by real events, a teen reports and eventually recants her reported rape, while two female detectives, states away, investigate evidence that could reveal the truth. Based on The Marshall Project & ProPublica Pulitzer Prize-winning article, “An Unbelievable Story of Rape,” written by T. Christian Miller & Ken Armstrong, “Unbelievable” is a story of unspeakable trauma, unwavering tenacity, & astounding resilience. -Netflix (July 18, 2019)
Army Pfc. Jennifer Cole died of a non combat related incident in Bayji, Iraq on August 2, 2008. Pfc. Cole was supporting Operation Iraqi Freedom on behalf of the 426th Support Battalion, 1st Brigade Combat Team, 101st Airborne Division (Air Assault) at Fort Campbell, Kentucky. An investigation revealed that Jennifer died of a gunshot wound to the abdomen. According to the family, she was accidentally shot by a fellow Army soldier while they were cleaning their weapons. They learned that the weapon had not been cleared prior to the cleaning and no one is sure how it got into the place where Jennifer was shot. The soldier (Thurston) responsible for the accidental shooting was charged with negligent homicide. He spent 30 days in military jail and was given a general discharge from the Army. Jennifer’s mom, Candy Gholson, shared with Napa Valley, California newspapers that the Army wouldn’t give her information, provide her with paperwork, or tell her exactly what happened to her daughter.
Candy Gholson shared that she heard three different versions and wanted to know exactly what happened. She also shared that she learned from Jennifer’s roommate in the Army that no one ever questioned her and they both thought that odd considering most investigations start with those closest to the victim. Both Jennifer’s parents shared the frustration that it is not easy getting answers from a military organization or is it easy dealing with the bureaucracy of the Army and their typical federal government run-around. The parents were told to go through the Freedom of Information Act for the investigation report but the Army warned them it could take up to a year to get the trial transcript they were requesting. Jennifer’s step father, a US Marine Corps veteran, reiterated that he too wanted to know the details of what happened and that he didn’t have hard feelings towards the soldier who killed his step-daughter. But he does feel that Thurston’s superiors should have been court-martialed for ineffective supervision and oversight of the weapons.
“I understand they had a trial for the guy (Thurston) who shot my daughter. I was told he spent 30 days in a military jail and was discharged from the Army. He didn’t get a dishonorable discharge, but the one just above that. But I have never received any paperwork to that effect,” Gholson said. “I just want answers. And it’s not easy trying to get them from a military government institution. “I’ve heard three different stories from the Army about what happened the day Jennifer died,” Gholson said. “I want to know what exactly happened that day. There were witnesses. Why can’t the Army get the story straight?” ~Napa Valley Register (December 11, 2008)
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Here Subcommittee Chairman John Tierney gives opening remarks. -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel one is Reps. Louise Slaughter (NY-28) and Jane Harman (CA-36). -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel one is Reps. Louise Slaughter (NY-28) and Jane Harman (CA-36). -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel two is Ingrid Torres, MSW, CSW and Mary Lauterbach, Mother of Lance Cpl. Maria Lauterbach. -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel two is Ingrid Torres, MSW, CSW and Mary Lauterbach, Mother of Lance Cpl. Maria Lauterbach. -Nancy Pelosi
The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel three includes representatives of the Defense Department, the Army, and the GAO. -Nancy Pelosi
The Other PTSD – Sexual Abuse of Women in the Military -NBC Nightly News with Brian Williams (May 4, 2007)
Congress takes on the Department of Defense in the first oversight hearing held this year by the subcommittee on National Security and Foreign Affairs on sexual assault in the military. Some House members are accusing the DOD of a cover up. -American News Project (August 2, 2008)
According to recent GAO survey, a female soldier is more likely to be raped by a fellow soldier than die by enemy fire in Iraq. David Martin reports on this startling increase. -CBS Evening News (October 28, 2008)
MST: Military Sexual Trauma -CBS Evening News (October 28, 2008)
Katie Couric investigates an alarming trend in the U.S. military, as more and more female soldiers have come forward with tales of sexual abuse at the hands of male soldiers and superior officers. -CBS News (March 17, 2009)
Women and men from all branches of the US military spoke out in Washington Tuesday about sexual assault in the ranks. They were all military sexual assault survivors — appearing at a summit held to call attention to the issue. The US military has announced new efforts to combat these crimes. VOA’s Carolyn Presutti brings us the issue through the eyes of two women, both survivors of alleged sexual attacks. -VOA News (May 8, 2012)
DAYTON – The military is fighting another battle, an “invisible war” on sexual assault. Today, Congressman Mike Turner talked about an award-winning documentary that sheds light on that very topic. -WKEF/WRGT (September 5, 2012)
New provisions handed down from the Department of Defense are giving sexual assault victims in the military rights they never had before.It’s all thanks to the fight from Congressman Mike Turner and a local mother. -WKEF/WRGT (August 15, 2013)
A major hurdle cleared for sexual assault victims in the military.Congress passed a bill that would give victims rights and protection they never had before.The push came after the tragic murder of local marine Maria Lauterbach and her unborn son.Maria’s mother, Mary, was thrilled when she heard the news that the bill had passed the Senate. -WKEFandWRGT (December 20, 2013)
Sexual assault in the military is being reported more and more everyday.But our military is now learning how to protect themselves and teaching civilians the same thing. -WKEF/WRGT (March 10, 2014)
DAYTON — Today, Congressman Michael Turner (R-OH), Chairman of the House Armed Services Subcommittee on Tactical Air and Land Forces, hosted Congresswoman Niki Tsongas (D-MA), at Wright-Patterson Air Force Base. Turner says he and Tsongas have worked together since 2007 to eliminate sexual assault from the U.S. military. Bother co-chair the Military Sexual Assault Prevention Caucus. -WKEF/WRGT (September 9, 2014)
It is Sexual Assault Awareness Month and Congressman Mike Turner was in town to talk about ways to cut down on sex assault in the military. Turner led a meeting with top brass from Wright-Patterson Air Force Base and Wright State University in hopes of continuing open conversations about the issue. The objective is to educate everyone on how to prevent sexual assaults from happening in the first place. -WKEF/WRGT (April 21, 2015)
Law protecting military victims of sexual assault discussed -WDTN TV (May 1, 2018)
Congressman Mike Turner changed the laws to make women serving in the military safer. -Mike Turner (August 20, 2018)
Air Force Commander Brigadier General Thomas Tinsley died in his home at Elmendorf Air Force Base in Alaska of an apparent self-inficted gunshot wound to the chest on July 27, 2008. He was a fighter pilot and flew the F-15, F/A-18 and F-22A. The cause of death was ruled suicide by Air Force officials. The circumstances surrounding his death are being questioned by others including his family.
Col. Richard Walberg, who assumed command at Elmendorf after Tinsley’s death, said Tinsley was not under investigation or undue stress. “Gen. Tinsley was under no investigation,” he said. “As far as stress, sir, this job, by nature of being an Air Force officer in a nation at war, is stressful. Undue stress, no.” –The Mercury News
Army Spc. Seteria Brown, 22, of Orlando, Florida, died of injuries sustained in a non-combat related incident in Sharana, Afghanistan on July 25, 2008. She was supporting Operation Enduring Freedom on behalf of the 62nd Engineer Battalion, 36th Engineer Brigade in Fort Hood, Texas. At the time of the DoD press release, the incident was under investigation. The official cause of death and outcome of the investigation is unknown.
Rumors quickly circulated she committed suicide, but her family and friends don’t believe that. “The Army has not ruled anything yet,” Harris said. “They’re still investigating. They didn’t rule it suicide. They just said she was found in the barracks. The type of weapon she was shot with, a M16, is a tall weapon. It might even be the same height she is. It’s hard to shoot yourself with that. –Tuscaloosa News
Rep. Bruce Braley introduces the Holley Lynn James Act — a bill to help victims of sexual assault and domestic violence in the military get justice. The bill is named after Holley Lynn James, a constituent of Rep. Braley who was killed by her husband while both were in the service.
Lt. Holley Lynn James, US Army
Fort Bragg Army nurse, Lt Holley (Lynn James) Wimunc, 24, was murdered by her Marine husband John Wimunc on July 9, 2008 in Fayetteville, North Carolina. After Holley didn’t show up to work, her friends went looking for her. They found her apartment had been set on fire but Holley was nowhere to be found. Three days later authorities discovered Holley’s mutilated remains in a shallow grave outside of Camp Lejeune, North Carolina. Her body had been chopped up with an axe and burned repeatedly in an effort to try and destroy evidence. John Wimunc also started her apartment on fire in an effort to hide evidence with no regard for any of the nineteen other families in the apartment building. Holley’s father Jesse James shared that she planned on divorcing John Wimunc after putting up with the domestic abuse for over seven months. It would be the day after she told John that she was leaving him that she would go missing. Marine Cpl. John Wimunc, 23, was charged with first-degree murder, second-degree arson and conspiracy to commit arson. An accomplice, Lance Cpl. Kyle Alden, 22, was charged with being an accessory after the fact of a felony, second-degree arson and conspiracy to commit arson. John Wimunc plead guilty to avoid the death penalty and was sentenced to life in prison. Kyle Alden plead guilty and was sentenced to 44 to 62 months in prison. Jesse James worked with Representative Bruce Braley on legislation that would improve conditions for both domestic violence and sexual assault victims in the military. The Holley Lynn James Act (H.R. 1517) was introduced to the 112th Congress in 2011 but did not pass.
“I didn’t know much about domestic violence. But the thought that he would murder Holley is a thought that never occurred to me. I wish it had occurred to me. I wish for one moment I would have thought maybe he’ll kill Holley or murder Holley. My reaction would have been so different. I didn’t know about domestic violence.” -Jesse James (Holley’s father)
Friends searching for a missing Army nurse find her apartment smoldering and no sign of their friend. Can NCIS agents find her? -Trail of Fire, 48 Hours NCIS
The apartment of a missing Army nurse was found smoldering. This was the season finale of “48 Hours: NCIS” and producer Jonathan Leach joined CBS News to discuss the episode. -Trail of Fire, 48 Hours NCIS
Editor’s Note: If you would like to watch the full episode of ‘Trail of Fire,’ please visit the CBS All Access website, visit the 48 Hours website, or download the 48 Hours app for iPad. The most recent episodes are unlocked on the 48 Hours website and app. If you would like to watch past episodes on the 48 Hours app, it cost’s $4.99 a year. There’s programming dating back to 2005 on the 48 Hours app, including some classics, to feed your true crime addiction.
MILITARY JUSTICE FOR ALL 