We both have brain injuries and the lack of healthcare in Maine would render us helpless and dependent on the VA healthcare system until we found out what was wrong with us. The fact that we couldn’t get any treatment no matter how many times we begged for it created mental health issues out of our control until we got the treatment we needed to lower inflammation levels in the brain.
As a result of these disabilities, we were vulnerable to those who abused their power and treated someone with mental health struggles more like a drain on society as opposed to a person with traumatic experiences and mental health issues who needs help. Jennifer and Lee are two years into treatment in California where the brain inflammation was discovered by a rare disorder doctor specializing in autoimmune dysfunction.
The healthcare in California far surpasses the low quality healthcare in Maine.
Attorneys say the notices summarize some of the key facts uncovered to date that support their negligence claims, including:
Between March and July 2023, the Army became aware that Card had suffered a severe and precipitous decline in his mental health, resulting in erratic and combative behaviors, and promised to take steps to address Card’s condition. The Army failed to act.
The Army, KACH and DoD knew that Card had been exposed to thousands of blast events from his work as a firearms and grenade instructor but did not investigate whether physiological damage to Card’s brain from such blast exposure was a root cause of Card’s sudden and inexplicable onset of mental illness, or otherwise determine whether Card’s illness was caused or exacerbated in the “line of duty,” as required by Army regulations.
In July and August 2023, the Army and KACH determined that Card’s mental illness—including paranoia, delusions, and homicidal ideations with development of a “hit list”—posed a serious risk to himself and others, but nevertheless allowed Card to return to the community without the cause of his mental illness determined or a plan for treatment, and without reporting Card under New York’s SAFE Act or Red Flag laws.
Although Card’s doctors released him from the hospital on the condition that he no longer have access to firearms, and the Army and KACH assured his doctors that they would remove Card’s firearms, they did not do so and left Card in possession of numerous weapons, including the AR-10 assault rifle he used to carry out the mass shooting.
Following Card’s release from the hospital and return to Maine, the Army and KACH failed to notify local Maine law enforcement, provide them with Card’s recent history or inform them that Card’s doctors had directed that Card be separated from his firearms.
In September 2023, when the Army learned that Card had threated to shoot up the military base in Saco and commit a mass shooting, the Army downplayed and minimized the threat (despite later acknowledging that it was serious and credible), and actively discouraged local law enforcement from taking decisive action.
(COLORADO SPRINGS) — A haunting note written by a former United States Air Force Academy cadet, now leading her parents to file wrongful death claims against the Academy.
“Do all that you can to make sure I am the last one,” was the chilling directive 22-year-old Cailin Foster left in her suicide note to her parents on Nov. 7, 2021.
Cailin Foster’s suicide note to her family, November 2021
Gary, a retired Air Force Lieutenant Colonel who graduated in 1990, attempted to engage with Academy leadership about what happened to his daughter. He spoke with people who were his former colleagues and friends, only to be met with what he described as people unable to comment.
When they requested a report regarding the investigation into their daughter’s death, Wright-Patterson Air Force Base sent them 159 black pages of redacted content.
1 of 159-page report regarding Cailin’s death sent to The Fosters by USAFA. Courtesy: Gary Foster
“Not one letter, word, or punctuation mark was provided. They literally gave us 159 pages like this,” said Gary in disbelief. The Fosters say Air Force Academy has yet to provide any direct documentation to them.
“Sexual assault victims and victims’ advocates testified on the need for Congress to address prevention and handling of such cases in the military. The Senate Armed Services Subcommittee on Personnel convened the hearing and was considering various proposals, including making changes to the military justice system, to address how assault cases are prosecuted.” –Sexual Assault in the Military | CSPAN.org (March 24, 2021)
Chairman Gillibrand, Ranking Member Tillis, and Members of the Committee, I thank you for this opportunity.
My name is Amy Braley Franck I have been working with victims of sexual violence since 2006. Currently employed as Victims’ Advocate at 416th Theater Engineer Command.
I am currently being retaliated against for reporting Command for illegally concealing and failing to report 3 violent Sexual Assaults to Law Enforcement.
I have been on a paid suspension since 20 November 2019 the day after I emailed LTG Charles Luckey the evidence. I emailed the same evidence to the Chief of Staff of the Army, GEN James McConville on 22 November 2019. I also sent this evidence to the Chairman of the Joint Chiefs of Staff, GEN Mark Milley and DOD SAPRO Admiral Burkhart and Nate Galbreath. This evidence mirrors what was documented in the Ft. Hood Report.
Sexual assaults and violent rapes not reported to CID or Law Enforcement, there was retaliation against victims and reporters of crimes, no Case Management Group or attendance for over a year.
I have been left in this “suspension” after protecting victims and reporting command for over 16 months completely ostracized and isolated in retaliation.
This evidence was reported to the Office of Special Counsel and the DOD IG
The Army’s Internal 15-6 process has impeded justice for my victims and myself. This internal investigative process does not allow for transparency and should be abolished.
A 17-year-old Private in Granite City, Illinois reserve center was raped resulting in broken bones. She had to stand next to her assailant in formation. The Command’s illegal 15-6 investigation was documented in a Memorandum for Record.
For over a year no one assisted her until I was notified in June 2019 but after my suspension, that ended.
Advocates are continually blocked by layers of Command from protecting their victims. When Commanders ignore the advice of Advocates, we have no recourse. There are no consequences for Commanders when they violate law.
Documented by the number of murders and murders by suicide. Nicole Burnham’s, Brigade Commander Col John Mountford left Nicole in the same barracks at Camp Casey with her offenders raped and later gang raped tortured for over 82 days before her Transfer was executed. Nicole is dead.
Staff Sgt. Morgan Robinson’s first offender is still serving in the Oklahoma Army National Guard. Staff Sgt. Robinson’s report of 9 Special Forces Soldiers placing a covering over her head, dragging her out of a tent and gang-raping her. Never investigated.
An outstanding Soldier committed Suicide; she was not protected.
Lavena Johnson’s brutal murder has never been investigated. The Army still states that it was a suicide.
16 years later the toxic culture again exposed with the murder of Vanessa Guillen.
This is not isolated to Fort Hood, documented across all components of the Military.
Ft. Campbell April 2020 another victim of a gang rape was arrested illegally by CID and denied counsel.
MG Shadley retired alerted MG Donna Martin. Nothing was done.
Never Alone helped Soldier with Suicidal Ideations. She is still fighting to clear her record.
Fort Bliss, 31 December 2020 Pfc. Asia Graham was found dead. Asia’s offender is identified as an accused serial rapist. Walking free no pre-trial confinement. He continued to live in the same barracks on the same floor with Asia and was moved into Headquarters Company with Asia until her untimely death.
Asia’s leadership failed to protect her after she reported her rape in February 2020 not June.
When victims and victim advocates speak out about the broken process and illegal actions of commanders. We face severe retaliation.
All felony crimes murder, rape, sexual assault, domestic violence do not belong within the chain of Command’s control to investigate or prosecute.
Kamisha Block’s death deemed friendly fire, she was murdered due to Domestic Abuse.
The Abuse of Power is real.
In Italy the Provost Marshal,LTC Michae Parsons Army Garrison filed an espionage charge in Italian Court against an Army Spouse, Michela Morellato. Retaliation for exposing Gen Harrington resulting in his firing and demotion. This retaliation was reported to GEN Milley and IG. Nothing was done.
Illegal internal 15-6 process. Ability to redact investigations. None of us will ever know the truth or get justice.
Just this week my own sexual assault by a 2-star general still under investigation was improperly released to be weaponized against another sexual assault advocate during an unrelated court martial. The military has no checks and balances.
I was raised in the military and a proud mother of a Veteran. I will not stop until our Military is a safe. “Sexual misconduct is an abuse of power and force protection issue. The inability of commanders to execute essential command functions of “protection” is a significant threat to the United States Military’s ability to protect this great Nation.” Soldiers should Never be Alone.
“Former Secretary of the Army Ryan D. McCarthy and the five civilian members of the Fort Hood Independent Review Committee unveiled the results of a three-month examination of the command climate and culture at Fort Hood and the surrounding military community on Dec. 8, 2020.”
“The independent review, which was directed by former Secretary McCarthy, arose from the questions and concerns voiced by family members, Congress, and various Hispanic advocacy groups during the investigation into the disappearance and murder of Spc. Vanessa Guillén.”
“The committee examined the command climate and culture at Fort Hood and the surrounding military community to determine whether they reflect the Army’s commitment to safety, respect, inclusiveness, diversity, and freedom from sexual harassment.”
“Committee members Chris Swecker, Jonathan Harmon, Carrie Ricci, Queta Rodriguez and Jack White conducted a two-week fact-finding mission to the Texas base, meeting with unit leaders, Soldiers, members of the Guillén family, local officials, law enforcement and community groups.”
Washington, DC – Today, Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, and Congressman Markwayne Mullin (R-OK), along with co-leads Reps. Sylvia Garcia (D-TX), John Carter (R-TX), Veronica Escobar (D-TX), Pete Olson (R-TX), Gilbert R. Cisneros, Jr. (D-TX), Troy Balderson (R-OH), Jason Crow (D-CO), and Will Hurd (R-TX), and 94 additional co-sponsors, introduced the I am Vanessa Guillén Act in honor of the late SPC Vanessa Guillén and the many survivors of military sexual violence who have bravely come forward in the wake of her disappearance and brutal murder. The legislation responds to these resounding calls for change by offering provisions that would revolutionize the military’s response to missing servicemembers and reports of sexual harassment and sexual assault by making sexual harassment a crime within the Uniform Code of Military Justice and moving prosecution decisions of sexual assault and sexual harassment cases out of the chain of command. Senator Mazie K. Hirono (D-HI) introduced companion legislation in the U.S. Senate today. This morning, following a meeting with the Guillén family, Speaker Nancy Pelosi announced a commitment to hold a House floor vote on the I am Vanessa Guillén Act. President Trump previously announced his support for the bill during a White House meeting with the Guillén family.
SPC Guillén’s disappearance and brutal murder became the catalyst for long overdue change when her family refused to let her case be neglected by Army leadership at Fort Hood. The Guillén family supports the I Am Vanessa Guillen Act, and Chair Speier is also leading a congressional delegation this weekend to Fort Hood to further investigate matters at the base and speak with servicemembers at all levels about their experiences and how best to accelerate the cultural change that is so urgently needed.
Specifically, the I Am Vanessa Guillén Act would:
-Move prosecution decisions on sexual assault and sexual harassment cases outside of the chain of command to an Office of the Chief Prosecutor within each military service;
-Create a standalone military offense for sexual harassment;
-Establish trained sexual harassment investigators who are outside of the chain of command of the complainant and the accused;
-Create a confidential reporting process for sexual harassment that is integrated with DoD’s Catch a Serial Offender database;
-Require the Government Accountability Office (GAO) to investigate the military’s procedures for finding missing servicemembers and compare with procedures used by civilian law enforcement and best practices;
-Require both DoD and GAO to conduct separate evaluations of the military services’ Sexual Harassment/Assault Response and Prevention (SHARP) programs; and
-Establish a process by which servicemembers can make claims for negligence and seek compensatory damages against DoD in the case of sexual assault or sexual harassment.
“Military leadership has repeatedly failed to reduce sexual harassment, sexual assault, and violent crime at Fort Hood, one of the worst sites for attacks according to Army officials, and throughout the armed forces,” Chair Speier said. “The endless cycle of harassment, assault, and retaliation for those who speak out reveals the deep roots of a toxic culture we must eradicate so that survivors are taken seriously and treated with respect, and assailants are held accountable. The I Am Vanessa Guillén Actwould do this by providing survivors independent investigations for both sexual harassment and sexual assault reports and independent charging decisions for courts-martial. It would also make sexual harassment a criminal offense in the military, helping get to the core of an issue that too often leads to violence and destroys careers, and lives. The Guillén family and legions of former and current servicemembers are demanding bold change. Congress must seize this moment and deliver on that demand for change by passing the I Am Vanessa Guillén Act.”
“The issue of sexual assault and sexual harassment in the military isn’t a Democrat or Republican issue – it’s an American issue,” Congressman Mullin said. “We must strengthen the military’s ability to protect its most important resource, which is the people who willingly sign-up to protect all Americans. The I Am Vanessa Guillén Act will also encourage survivors to come forward to report sexual assaults and sexual harassment and to provide justice. This is about protecting our men and women in uniform and I will keep fighting so no family has to go through what the Guillén family has gone through.”
“From the moment I started working with the Guillén family in May, I made it clear I would not stop until we found Vanessa and got justice in her name,” Congresswoman Garcia said. “The I Am Vanessa Guillén Act of 2020 is a transformative and comprehensive bill that will help save lives and give our soldiers an avenue to report sexual assault and harassment without fear – a lasting legacy in honor of Vanessa. I want the Guillén family to know that Congress, the Houston region, and the entire world stands with you and we won’t stop until we get justice for Vanessa.”
“First and foremost, my heart goes out to the Guillén family, no one should ever have to experience the pain they’ve experienced,” Congressman Carter said. “The men and women that selflessly serve our nation deserve to feel safe to report misconduct and feel confident that their issues will be fairly handled. There is absolutely no place for sexual misconduct in the United States military and we must take these steps to ensure that accountability is realized.”
“The unspeakable tragedy of Specialist Vanessa Guillén’s murder has shed new light and revealed to the American public the epidemic of unchecked sexual harassment and assault that too many service members have suffered,” Congresswoman Escobar said. “Specialist Guillén – and all servicemembers – deserve respect and justice, and it’s our obligation to protect those who bravely put their lives on the line for our country. We can’t continue the same approaches that have failed victims. Congress must respond to this moment of reckoning with new solutions to tackle this epidemic and pass the I Am Vanessa Guillén Act.”
“The tragedy that befell PFC Vanessa Guillén was horrific and reflects a growing problem in our Armed Forces. Our military members should never fear harassment or violence while defending our nation,” Congressman Olson said. “As a Navy veteran, I’m proud to support the I am Vanessa Guillen Act, which is an important step towards getting justice for PFC Guillén and other service members like her. It ensures there is a stand-alone military offense for sexual harassment and requires the GAO to review how our military processes missing service members in cases of suspected foul play compared to civilian law enforcement. By working together and demanding accountability, we can prevent the next tragedy. Our military must maintain higher standards and we will not be silent on this issue.”
“Year after year, we see an increase in reports of sexual assault and sexual harassment in our military and the same statements from military leadership about how unacceptable they are. It’s far past time we take bold action to bring accountability to the system and give survivors support,” Congressman Cisneros said. “In the memory of Specialist Vanessa Guillén, Republicans and Democrats are coming together to make legislative fixes to protect our men and women in uniform. I’m proud to join my colleagues in introducing the bipartisan I am Vanessa Guillén Act to provide the necessary support and resources for survivors of sexual assault and sexual harassment in our military. Our servicemembers and military families deserve to have the peace of mind that they’ll be heard and treated with dignity and respect.”
“Ohio is home to thousands of active duty servicemembers who risk their lives for our nation, and in return, it’s our country’s obligation to ensure their safety,” Congressman Balderson said. “In honor of Vanessa Guillén, this legislation will take important steps to ensure survivors of sexual assault and sexual harassment in our military can tell their stories without retribution and seek the justice they deserve.”
“As a soldier, I remember going to basic training to learn everything from marksmanship to the chain of command. The military is supposed to train new recruits on the essential tasks of the job, but we still don’t do nearly enough to address sexual assault in the ranks. We need to make sure we are creating a system and culture of accountability in the military to protect our women and men in uniform. For too long, sexual assault and violence has gone unaddressed,” Congressman Crow said. “The military failed Vanessa Guillén but I refuse to let Congress fail her or her family. It is Congress that decides what kind of military we have and now it is Congress’ responsibility to step up and pass the I AM Vanessa Guillén to protect our women and men in uniform.”
“We must work to ensure what happened to Vanessa Guillén never happens again,” Congressman Hurd said.“The I Am Vanessa Guillén Act of 2020 will protect soldiers like Vanessa by ensuring independent investigations occur in assault and harassment cases. This will better safeguard our soldiers from retaliation and help prevent these atrocious acts from ever happening in the first place.”
“Vanessa Guillén’s story makes painfully clear the need for a better response to sexual harassment and sexual assault in the military,” Senator Hirono said. The I Am Vanessa Guillén Act knocks down barriers to reporting sexual harassment and sexual assault and directly addresses the culture that protects the perpetrators of these crimes. It’s time to make a system that respects and protects survivors.”
The I Am Vanessa Guillén Actwill fundamentally reform reporting and investigation of sexual harassment in the military and transform prosecution of sexual harassment and assault by empowering an independent prosecutor, within each military service, to bring charges. The bill will also allow servicemembers who were sexually harassed or sexually assaulted to pursue monetary claims against DoD and will also require a comprehensive GAO review of the military’s sexual harassment and assault prevention and response programs, as well as the military’s procedures for responding to missing servicemembers.
A fact sheet and the text of the bill are attached to this press release.
Introduction of I Am Vanessa Guillen Act:
This is a hearing by the Subcommittee on Military Personnel, looking into sexual harassment allegations and how they’re responded to. It’s also looking into Fort Hood’s sexual assault and response program. This hearing is taking place a day before Vanessa Guillen’s family meets with President Trump and legislation is introduced. -KHOU 11 (July 29, 2020)
Rep. Speier, family of murdered soldier Vanessa Guillen on legislation in her honor -PBS News Hour (September 16, 2020)
“The IamVanessaGuillen Bill is a BiPartisan Bill. It is NOT a political issue, it’s a human rights issue,” Guillen family attorney Natalie Khawam wrote. -KCEN News (September 16, 2020)
Speaker Pelosi to reportedly bring ‘I am Vanessa Guillen’ Act to U.S. House floor for vote -25 News KXXV (September 16, 2020)
Vanessa Guillén’s family members speak during a news conference about the “I Am Vanessa Guillén Act,” in honor of the late U.S. Army Specialist and survivors of military sexual violence. -KXAN (September 16, 2020)
The ‘I am Vanessa Guillen’ bill was presented to Congress Wednesday, but what does it mean for the future of military service members facing sexual harassment. -KHOU 11 (September 16, 2020)
MILITARY JUSTICE FOR ALL 