The Stop Act versus MJIA

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Amy Schumer, a comedian, has depicted the unexpected turn your career takes when you become the victim of sexual assault in the military. We are not only harmed by the perpetrator but we are again harmed by the system. And currently we have two proposals in Congress that begin to address the issue. One is the Stop Act sponsored by Representative Jackie Speier. The other is the Military Justice Improvement Act sponsored by Senator Kirsten Gillibrand. Please watch the Amy Schumer video here before reading further.

If you keep up with Congressional efforts to address sexual assault in the military, you will find that the media discusses Senator Gillibrand’s Military Justice Improvement Act the most. But what most people do not know is that the MJIA was a compromise to our original efforts. I supported any efforts made by the Senate at the time considering we did not get the support we needed for the Stop Act from either the House of Representatives or military and women organizations. At the time, it was better then nothing and at least Senator Gillibrand addressed an option for our military members who do not report due to fear of retaliation from their Chain of Command. But it is only one element of the big picture.

Continue reading “The Stop Act versus MJIA”

The PBS Documentary ‘The Kill Team’ Reveals How the Military Justice System Operates in Response to Media Scandals (July 25, 2014)

The Kill Team is a PBS documentary featuring the Joint Base Lewis-McChord soldiers in Washington who were accused of murdering innocent Afghanistan civilians on a deployment in 2010. The media came up with ‘The Kill Team’ designator to describe the actions of five Army soldiers specifically who were involved in this scandal. It turns out it wasn’t the scandal the media made it out to be after all yet all five soldiers featured in the media were sanctioned regardless. There were a total of eleven enlisted soldiers who were punished for their actions in Afghanistan. No Army leadership at the base were held accountable. The real scandals are the lack of oversight in Afghanistan, the lack of accountability for leadership, and the broken military justice system. This film clearly shows how the military justice system operates differently then the civilian justice system. If you want to learn more about how military justice works, watch this film. This film depicted the toxic leadership in the ‘Platoon from Hell’ and the dangers of being a whistleblower in the US Army. The Kill Team was nominated for an Emmy by the National Academy of Television Arts and Sciences. The Kill Team is now available for purchase on I-Tunes, Amazon Prime, Netflix, or where ever you purchase or rent films digitally.

Calvin Gibbs: Sentenced to Life; Granted new hearing in 2016
Andrew Holmes: Sentenced to 7 years in prison; Released from prison
Jeremy Morlock: Sentenced to 8 years in prison
Michael Wagnon: Murder charges dropped by Army
Adam Winfield: Sentenced to 3 years; Released from prison

Related Links:
Violent Crime at Joint Base Lewis-McChord, Washington

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‘The Silent Truth’ Documentary: The Rape, Murder and Military Cover-Up of Army Pfc. LaVena Johnson in Iraq (July 1, 2014)

Murder or Suicide? On a military base in Iraq, PFC LaVena Johnson is found dead, shot in the head. The Army rules it a suicide,her family believes it is murder. “The Silent Truth” follows the Johnson’s pursuit of truth and justice for their daughter.
The American Army Has a Huge Hidden Rape Problem (June 23, 2016)

“What happened to LaVena Lynn Johnson and so many others speaks to a Pentagon culture which more closely resembles a rogue government–than a legitimate branch serving under civilian control. It is highly telling that this family, along with the Tillman family each had to have a documentary film made JUST TO ALERT THE PUBLIC TO THE TRUTH OF PENTAGON COVER-UPS. I urge everyone to view this important documentary–before the local military recruiter mandated under No Child Left Behind–‘friends’ their child at school. God forbid, they could wind up coming home in a body bag–like LaVena.” Read more from Truthout here.

In the News:

Pfc. LaVena Johnson died in Iraq on July 19th, 2005 and her family needs your help. -Unsolved Mysteries (September 26, 2014)

Related Links:
The Johnson Family’s Military Sexual Assault Story
The Silent Truth Documentary | YouTube Movies
The Silent Truth Documentary | Amazon Video
The Silent Truth (FULL DOCUMENTARY)
Army Pfc LaVena Johnson Died of Non Combat Related Injuries in Iraq, Death Ruled Suicide But Autopsy Report Revealed Rape & Murder (2005)
Non Combat Deaths of Female Soldiers in the US Military (Iraq)
Violent Crime, Suicide & Non Combat Death at Fort Campbell, Kentucky (US Army)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members
The Silent Truth Documentary aka The LaVena Johnson Murder Cover-Up
PFC LaVena Johnson – Suicide or Murder – Massive Cover Up? The Silent Truth Documentary – Death
What Really Happened to Pat Tillman?
Pat Tillman: The US Army Murder Scandal
The Death of LaVena Johnson (Unsolved Mysteries)
Army Pfc. Tina Priest Died From a Non-Combat Related Incident in Iraq; Death Ruled Suicide But Family Suspects Rape & Murder (March 1, 2006)
Army Pfc. Hannah McKinney Died of Injuries Sustained After She was Hit & Run Over by a Humvee in Iraq; Sgt. Damon Shell Left Her to Die on the Side of the Road (September 4, 2006)

Dead of Night Premiered ‘Misfortune Teller’ on ID: Navy Veteran Patrick Fleming Found Stabbed to Death in Seattle Home (June 25, 2014)

Navy veteran, Patrick Fleming was found brutally stabbed to death in a Seattle elderly home. Detectives are lead to a con-artists named Monica, but DNA from the scene belongs to a man. Soon a call from the lab helps solve this bizarre whodunnit. -Misfortune Teller, Dead of Night (S2,E8)

Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.

Related Links:
Navy Veteran Francis Patrick Fleming Found Stabbed to Death; Brenda Nicholas & Charles Jungbluth Received Prison Sentences (December 8, 2011)
Killer Instinct with Chris Hansen Premiered ‘Senseless in Seattle’ on ID: Who Killed Navy Veteran Francis Patrick Fleming? (September 14, 2015)
Misfortune Teller | Dead of Night | Investigation Discovery (S2,E8)
Misfortune Teller | Dead of Night | Investigation Discovery (website)
Misfortune Teller | Dead of Night | Investigation Discovery (Prime Video)

Courier Journal: Marine’s conviction for rape of Kentucky woman overturned (June 5, 2014)

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Stephen Howell, US Marine Corps

In its May 22 ruling, the Navy-Marine Corps Court of Criminal Appeals said Commandant Gen. James Amos’ push against sexual assault was unlawful command influence. The court set aside the 19-year sentence at Fort Leavenworth, Kan., that was handed down in October 2012 to Staff Sgt. Stephen P. Howell. He was convicted in a military court trial at Parris Island, S.C., of rape, forcible sodomy, adultery and other charges involving a Lexington, Ky., woman.

Read more here.

UCMJ: 837. ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT

(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.

(b) In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.

Lea Porter of Pueblo, Colorado Disappeared; Army Veteran Christopher Waide Sentenced to 48 Years for Murder, Body Still Missing (June 3, 2014)

Lea Chali Porter of Pueblo Colorado disappeared on June 3, 2014. She was last seen in the Westminster area of Denver, Colorado; her car was found abandoned at a friend’s house. The friend said Lea received a text late at night, left the apartment, hopped in a pick-up truck, and was never seen or heard from again. Police discovered the last known person to see Lea was Army veteran Christopher Waide. Waide would eventually confess to murdering Lea and placing her body in a dumpster near his apartment.

Police looked for Lea and found her belongings at the landfill but her body was never located. In a plea deal, Waide pleaded guilty to second degree murder and was sentenced to 48 years in prison. But Lea’s family was disappointed with the plea because they felt Waide should have told them where the body was before prosecutors agreed to the plea. If you have any information about this missing persons case, please contact the Westminster Police Department in Colorado at 303-658-4360.

ABC News:

Lea Porter’s brother Maxx Porter said he knew something was wrong when he couldn’t get in contact with her. -ABC News (October 22, 2016)
Christopher Waide, who went to high school with Lea Porter, said he was her self-appointed accountability partner. -ABC News (October 22, 2016)
When Lea Porter disappeared, suspicion fell on high school classmate Christopher Waide, who said she was staying at his apartment. -ABC News (October 22, 2016)

True Crime Daily:

When Lea Porter went missing, her big brother Maxx went on his own mission to find out what happened to her – which included confronting the last man to see her alive. -True Crime Daily (February 26, 2016)
When Lea Porter went missing, her big brother Maxx went on his own mission to find out what happened to her – which included confronting the last man to see her alive. True Crime Daily (February 26, 2016)
A Crime Watch Daily Update on the murder of Lea Porter, the Colorado woman killed by her high school friend, Christopher Waide. -Crime Watch Daily (April 25, 2016)
A Crime Watch Daily Update on the murder of Lea Porter, the Colorado woman killed by her high school friend, Christopher Waide. -True Crime Daily (April 25, 2016)
Robert Wells didn’t know it at the time, but his knowledge of his former criminal justice pupil Christopher Waide would soon make him a key player in the search for missing woman Lea Porter. -True Crime Daily (March 12, 2020)

In the News:

Investigators have isolated a portion of a landfill as they continue the investigation into a missing 19-year-old and her suspected killer. -The Denver Channel (June 14, 2014)
The man accused in the disappearance of Lea Porter pleaded guilty Friday to murder and child sex exploitation charges. -The Denver Channel (September 25, 2015)

Related Links:
Help Find Lea Porter | Facebook
Lea Chali Porter | The Charley Project
Remembering Lea Porter: The Photos You Need to See
Killer Confession | Valley of the Damned | Investigation Discovery (S1,E3)
Killer Confession | Valley of the Damned | Investigation Discovery (website)
Killer Confession | Valley of the Damned | Investigation Discovery (Amazon)
Man accused of murder, sexual assault in teen’s disappearance
High school friend who pleaded in TV interview for return of missing girl, 19, arrested for her murder after admitting he killed her and hid body
Colorado man charged with sexually assaulting, killing, teenage friend
Murder victim’s stepfather: Suspect had ‘manifesto’ about capturing, killing a girl
Man pleads guilty to high school friend’s murder
Man pleads guilty to killing southern Colorado teen who disappeared
Lea Chali Porter’s Family Upset by Plea Deal With Her Killer, Christopher Waide
Man sentenced to 48 years for murder of missing Pueblo teen
Killer is in prison, but body of Fremont County teen has never been found
Colorado mom wants answers about daughter’s missing body
Killer’s criminal justice teacher speaks out about what convict may have learned in class
Convicted Killer Says He Admitted to Murder Because Tarot Cards Said Guilt ‘Would Destroy’ Him
20/20′: Criminology student confesses to murder of young Colorado woman
Murder of Lea Porter by Christopher Adam Waide featured on Valley of the Damned
Valley of the Damned Premiered ‘Killer Confession’ on ID: Army Veteran Admits Murdering Lea Porter, Her Body is Still Missing (September 17, 2019)

Pentagon Says Uncovering the Truth about Military Sexual Violence Is Too Burdensome. Huh?

It’s often said that people should be judged by their actions, not merely their words. The same is true of institutions, even the Department of Defense (DoD).

Facing intense criticism for how it responds to sexual violence within the military, the Pentagon has said: “Sexual Assault is a crime that is not tolerated, condoned, or ignored in the DoD. It is one of the most serious challenges facing our military.”

Yet, in Freedom of Information Act (FOIA) litigation that has now been pending for three years, the Pentagon argues that releasing its records regarding military sexual violence is too “burdensome,” because it involves a large number of documents. But that raises more questions than it answers: Doesn’t the volume of documents only confirm the magnitude of sexual assault in the military? Why is the DoD opposing efforts to shed further light on military sexual violence, a necessary step to creating effective solutions?

Read more here.

Pentagon using change in diagnoses to hide sexual assault cases, critics charge Switch from ‘personality’ to ‘adjustment’ disorder discharges

Lawmakers say they fear the Defense Department has found a new way to drum sexual assault victims out of the service: by diagnosing adjustment disorder and having them discharged from the military.

It’s the latest technique the department has used to retaliate against troops who report they were sexually assaulted, according to members of Congress who are determined to use this year’s defense policy debate to curtail the practice and get justice for the service members who they say were illegally discharged in the past.

“It’s like a ‘Whac-A-Mole,’” said Rep. Jackie Speier, California Democrat. “Every time we shut them down on something, they’ll find a way around it.”

Read more here.

Fear Thy Neighbor Premiered ‘Welcome to Murder Street’ on Investigation Discovery: Bill Weissman Busted in Undercover Murder-for-Hire Sting Operation (May 19, 2014)

ID Go: An elite California Lakeside Community is rocked to its core when two well-to-do gentlemen go to war over an 18-inch property line discrepancy. One neighbor takes the dispute to new levels when he hires a hitman to permanently solve the problem. -Welcome to Murder Street, Fear Thy Neighbor (S1, E6)

Year: 2003
Murder-for-Hire Victim: Tom Wess, Jr.
Offender: William Weismann, Navy veteran, Retiree, 66 (assault charge on record, restraining orders, lost court case, someone trashed property, revenge)
Location: Lake of the Pines, Nevada County, California
Circumstances: Escalating property line dispute, attempted murder-for-hire
Disposition: Plea deal, 2 counts of solicitation to commit murder, sentenced to 5 years in prison (2004)

Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.

Related Links:
Hitman-hire suspect offers plea
Murder-for-hire jail time up in air
Plea reached in murder-for-hire
Murder-for-hire informant sues
Murder-for-hire target sues LOP
LOP sued over dock at center of hitman hire plot
Conspiring for Land
LOP murder for hire case resurrected on TV show
Bill Weismann | True Crime Stories
Welcome to Murder Street | Fear Thy Neighbor | Investigation Discovery (S1, E6)
Welcome to Murder Street | Fear Thy Neighbor | Investigation Discovery (website)
Welcome to Murder Street | Fear Thy Neighbor | Investigation Discovery (Amazon)
Fear Thy Neighbor: 23 Veteran Cases Featured on Investigation Discovery