If you or someone you know has been falsely accused of a crime,
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This animated video describes the obstacles faced by military members who are wrongly or falsely accused of sexual assault. From the recent changes to the UCMJ to the barriers built around the alleged victim, wrongly and falsely accused service members face an uphill battle defending themselves. Court-martial defense lawyer Will M. Helixon, with decades of experience as a sex crimes prosecutor, can team with the military detailed counsel to level the playing field and defend the rights of the wrongly and falsely accused. (www.helixongroup.com)
Army Col. Dennis Taylor was court martialed at Fort Carson, Colorado and found guilty by a jury of ten off his peers for the attempted murder of his wife Carol. (Photo credit: Investigation Discovery)
Lt Joe Kenda of Homicide Hunter featured another case where he was tasked with investigating what hospital officials suspected was an attempted murder. Upon arrival at the hospital, he was bombarded by the press because they heard the call for service over the scanner. The hospital was secure and police officers were on the scene. Upon an initial briefing, Lt Kenda discovered that a nurse suspected that someone had tampered with one of their patient’s IVs. Lt Kenda then interviewed Carol Taylor, the wife of an Army officer also present at the hospital with their two children.
Lt Kenda learned that Carol had broken her leg and had developed some blood clots. She was simply visiting with her husband and children when all of a sudden the alarm on the IV infusion machine went off. And somehow the IV had been pulled from her arm. Lt Kenda immediately began to suspect that someone was trying to kill her because it looked like someone had either tampered with or inserted something into the IV line. Because the crime lab was not proficient in the hospital’s medical equipment, they called in a hospital employee who was considered an expert. This person determined that someone had injected something into the line. The only other people in the room were her husband and children.
Lt Kenda started his next line of questioning with the husband. He learned that Lt Col Dennis Taylor served in the US Army for 27 years and was currently working as the Chief of Oral Surgery at the Fitzsimmons Army Medical Center in Aurora, Colorado. Lt Kenda observed that the doctor was unusually calm and appeared to be minimizing the event and brushing it off as a mistake. So then Lt Kenda went back to the wife and asked her if she thought that maybe her husband did this. The wife claimed she was fine and that everyone was making a big deal out of it and she just wanted it to go away. She claimed that they had a great marriage and life. Lt Joe Kenda had a hard time believing that her marriage was as perfect as she made it out to be and moved forward with the investigation because there was in fact liquid in the IV pump that was not supposed to be there.
Kenda reached out to a family friend who worked alongside the doctor over the years. He learned from Stan that the doctor had confided in him that Carol was verbally abusive, demeaning him, telling him he is pathetic, and even punched him. She also was upset about his drinking and knew that he had been having extra-marital affairs. Stan told Kenda that the doctor wanted to leave Carol but she had threatened to go to his commander and report him for the drinking and adultery (both considered UCMJ infractions and punishable under military law) if he left her. Carol enjoyed the privileges of being a military wife too much to lose them to divorce. He felt trapped in his current abusive marriage and was drinking more and having affairs as a way to cope with his current situation. In the civilian world, Carol would not be able to get away with threatening her husband because it is not illegal to drink and have affairs.
As it turns out, the results of the pump came back and they found Diazinon, which is a poison used to kill ants, spiders, cockroaches, etc. She would have been dead in a matter of minutes and would have been in excruciating pain, as the poison would have burned her from the inside out. As a result, Kenda arrested the doctor for attempted murder. During the arrest he found a plunged hypodermic in his pocket. The doctor told him he didn’t need an attorney and admitted his guilt. He told Kenda that earlier that morning while he was out shopping, the idea came to him that this was the only way out. Because he is a doctor, he knew how to do it. He inserted the poison and the alarm went off so he pulled the IV out of her arm for fear of arrest.
Instead of the civilians pressing forward with a case, the Army decided that they were going to court martial the doctor. They claimed they wanted to make an example of the disgraced colonel in front of a jury of his peers. He was sentenced to 18 months hard labor and he and his family were stripped of all Army privileges. And this may be why Carol Taylor protected her husband despite the fact that he just tried to kill her. Why would the Army doctor rather kill his wife then report the domestic violence to the commander? Why would the doctor feel that going to the commander was not an option and his only way out of this abusive situation was to murder his wife? Why was the doctor so intimidated by the threat of his wife reporting what would be considered minor infractions, even under UCMJ standards?
We need to evaluate why the doctor felt that he was not able to report the abuse and threatening to the Commander. Would he automatically be in trouble with military leadership if he admitted that he had been drinking and having affairs? Was he concerned about losing his career, his retirement, or facing disciplinary action? Why did he feel that he had to choose murder over reporting the threats and abuse to his commander? These are all things that we must ponder. We are seeing a pattern over and over. Our military men do not feel that reporting to the commander is an option when they are the victim of a crime. If that is the case, how can we help our military men, who find themselves the victim of threats, domestic violence, or sexual assault, report to a safe place? Right now, some would rather resort to murder then report the crimes to their commander. There must be a better way.
When the lifeless body of Willie McCarty is found at the base of a staircase, neighbors direct Kenda to a mysterious truck spotted fleeing the scene. Then… Kenda must solve a bizarre case of poisoning at a busy downtown hospital. -Investigation Discovery
SSgt Luis Walker was a basic training instructor at Lackland Air Force Base in Texas. After an investigation into allegations of improper relationships and abuse of power at the training facility in 2011, SSgt Walker was charged with sexual assault. One of his victims stated under sworn testimony that he had raped her. As a result of the courts martial, he was found guilty and sentenced to 20 years in prison as opposed to the original life sentence he was faced with. Shortly after the conviction, his wife spoke out publicly claiming that her husband was innocent and that he did not get a fair trial. SSgt Walker also echoed those sentiments when asked for a statement from the Air Force Times (see quote). A few months later, one of the victims in the trial went public with her story. Virginia Messick shared that she was raped by SSgt Walker and that it was a harrowing experience. She also later reported that she was facing battles trying to get disability benefits for Post Traumatic Stress Disorder (PTSD) from the Department of Veterans Affairs. SSgt Walker’s attempt to overturn the sexual assault conviction on appeal were eventually denied. It was only a few months later that he would be found dead in his cell at Fort Leavenworth from an apparent suicide.
“These setbacks have discouraged me and at times I have wanted to give up, but because of my family, I can not. I am a human being and an American, I deserve the right to a fair trial. There has been a lot of focus on the number of alleged victims in my case, instead of the charges against me, when in fact each charge should stand on its own.” -SSgt Luis Walker (Air Force Times, June 2014)
Please note that Human Rights Watch has completed their report.
Human Rights Watch (HRW) is seeking individuals with first-hand experience as part of an in-depth investigation into retaliation against sexual assault survivors, including personality disorder discharges, in the US military. HRW plans to publish a report on its findings with the goal of improving military response to retaliation complaints and wrongful discharges.
As part of our investigation, we are interested in speaking with:
• Survivors who have experienced reprisals in any form after Military Sexual Trauma (including retaliation through discharge for mental health reasons such as personality disorder or adjustment disorder, harassment by peers or supervisors, non-judicial punishments, negative evaluation reports or demotions, collateral charges, etc.), and
• Survivors who have attempted—successfully or not—to report retaliation or remedy their discharge (such as through Boards of Correction of Military Records or Discharge Review Boards or Inspectors General).
We will not publish the names of survivors unless otherwise requested. We take our commitment to respecting confidentiality very seriously, as our work depends on earning and keeping the trust of those who share their stories with us. If you are willing to share your personal account, please send us a private message.
Human Rights Watch does not provide payment, legal services or advice, or any other benefits to its sources, nor does it accept funds from any government. Communications are not protected by an attorney-client privilege.
The superintendent of the U.S. Naval Academy set aside the recommendation of a military judge Thursday and ordered two former Navy football players to face court-martial in the alleged sexual assault of a female midshipman, attorneys for the accused men said.
Joshua Tate, 21, of Nashville, will be tried on a charge of aggravated sexual assault, and Eric Graham, 21, of Eight Mile, Ala., will be tried on a charge of abusive sexual contact. Both are also charged with making false statements.
Ivanice Harris and Nathaniel Cosby, US Marine Corps
The dead body of tourist Ivanice ‘Ivy’ Harris was discovered at Yokohama Bay on the island of Oahu in Hawaii on May 20th, 2013. Ivy was living in Nevada but was originally a native of Portland, Oregon; she was four weeks pregnant. Ivy’s friends and family initiated a search after she disappeared on May 16th while celebrating her 29th birthday in Hawaii with her boyfriend, also her pimp. According to Ivy’s memorial, she died on May 17th. Ivy’s death was officially ruled a homicide by the medical examiner’s office; she died of a neck injury. Hawaii police conducted a thorough investigation that led to an active duty Marine on temporary duty assignment in Hawaii. Master Sgt. Nathaniel Cosby, 39, was an explosive ordnance disposal technician assigned to Marine Wing Support Squadron-171 in the 1st Marine Aircraft Wing based out of Iwakumi, Japan. Cosby was arrested at the airport (destination unknown) and charged with Ivy Harris’ murder. After released by the Honolulu Police Department, Cosby was temporarily assigned to an aircraft unit in Kaneohe, Hawaii and according to a Marine spokesman, free to come and go as he pleased.
At some point it appears the civilian authorities deferred to the miitary because Cosby was court martialed by the Marines for the second degree murder of Ivy Harris. Cosby was an active duty Marine therefore he could be tried by the civilians, the military, or both. During the course of the legal proceedings, Cosby admitted to a confrontation with Ivy Harris over money in his hotel room after a night of drinking. He claimed Ivy demanded money then pulled out a knife after he attempted to get out of the room so he put her in a chokehold and killed her in self defense. He got rid of her body to avoid embarrassment to his family and to the Marine Corps. According to court testimony, he was unable to give a blow-by-blow description of the struggle, describing the scene as ‘chaos’. An 8-member military panel found Nathaniel Cosby guilty of second degree murder, obstructing justice, and attempting to patronize a prostitute. The panel recommended life in prison and a dishonorable discharge pending final approval by the convening authority, the Marine Forces Pacific commander. Cosby will serve his life sentence at the maximum-security military prison in Fort Leavenworth, Kansas.
After being released by HPD, he was temporarily assigned to an aircraft unit at Marine Corps Base Hawaii in Kaneohe, where a U.S. Marines spokesman said he will be free to come and go as he pleases like all other Marines. –Hawaii News Now
The medical examiner confirms the Oregon woman whose body was found in west Oahu was murdered. Ivanice “Ivy” Harris was found dead four days after she went missing in Waikiki. -KITV4
SrA Matthew Theurer, 22, US Air Force, was arrested after the body of his baby was discovered in a bag on the side of a highway on March 12, 2013. SrA Theurer stood accused of dumping the baby’s body about 100 miles away from Seymour Johnson Air Force Base, North Carolina where he was stationed. After Theurer’s baby was discovered and a failed suicide attempt, Theurer confessed to investigators that he found his child unresponsive on February 15, 2013 and attempted to cover up the death. SrA Theurer admitted in military court that he began to downward spiral after the mother of his child moved away and left him to care for the baby by himself. SrA Theurer admitted to leaving the child alone while he went to work; an autopsy report indicated that the child died from starvation and neglect. SrA Theurer pleaded guilty to involuntary manslaughter, negligent homicide, child endangerment, obstruction of justice, and making a false statement. SrA Matthew Theurer was sentenced to forty years in prison, dishonorable discharge, and reduction to E-1.
Honoring US Army soldier Kimberly Walker who was murdered in a Colorado Springs hotel room on February 14, 2013 by her boyfriend Army soldier Montrell Mayo. Kimberly was stationed at Fort Riley, Kansas and visiting Mayo who was stationed at Fort Carson. After an investigation and autopsy, it was learned that Mayo hit, strangled, and smothered Kimberly after an argument. As a result, Mayo was charged with Kimberly’s pre-meditated murder. Montrell Mayo was convicted of pre-meditated murder in an Army courts martial by a panel of five military officers and sentenced to life without parole.
In November 2014, Army soldier Montrell Mayo was convicted at an Army courts martial and found guilty of the pre-meditated murder of Army soldier Kimberly Walker. Kimberly was his girlfriend and stationed at Fort Riley in Kansas. She was visiting Montrell in Colorado because he was stationed at Fort Carson. Kimberly was found dead at a Colorado Springs hotel on February 14, 2013. Authorities found her body tucked into bed and covered in flower petals. After an investigation, Mayo was charged with Kimberly’s murder but during that time frame he fled to Greenville, North Carolina where he had family. In the meantime, Mayo admitted to his Army supervisor that he may have killed Kimberly and shortly after turned himself into North Carolina police. Mayo was arrested and extradited back to Colorado to face a murder charge for Kimberly’s death. At trial, the defense argued that Mayo hit and strangled Kimberly after an argument in the heat of passion. Mayo claimed Kimberly threatened his military career during an argument and he hit her with a glass in response, then unraveled. An autopsy found blunt force trauma, strangulation, and evidence that Kimberly was smothered to death. Therefore the prosecution argued that Mayo deliberately killed Kimberly when he smothered her to death with a pillow after hitting and strangling her. A panel of five military officers sentenced Montrell Mayo to life in prison without parole.
US Army soldier Brandy Fonteneaux was found stabbed to death in her barracks room at Fort Carson in Colorado on January 9, 2012. An autopsy revealed that she was stabbed 74 times and choked to death. After an investigation, co-worker and Army Sgt. Vincinte Jackson was charged with her murder. Both Sgt. Jackson and Brandy were assigned to the 4th Engineer Battalion at Fort Carson but they were not close. According to Brandy’s family, she knew him but they were not friends and didn’t hang out. Brandy had shared with family that he had talked to her about his crumbling marriage. Sgt. Jackson was accused of going to the barracks, looking for a door that was unlocked, entering, and killing Brandy. Prosecution argued that Jackson made a conscience decision to leave his home, go to the barracks, enter Brandy’s room, and murder her. The defense argued that Jackson was not aware of his actions due to a combination of heavy alcohol use and anti-depressants. Sgt. Jackson was sentenced to life without parole for the murder of Brandy Fonteneaux but he was acquitted on the charge of premeditated murder.
