The Pendulum Has Swung: Defending Yourself Against False Allegations in Senator Claire McCaskill’s Military Justice System

If you or someone you know has been falsely accused of a crime,
please contact Save Our Heroes.

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)

Learn more: Letter of Support for Save Our Heroes in Our Shared Quest for Military Justice Reform & Constitutional Rights

Army Soldier Marc O’Leary Raped an 18 Year Old Woman in Washington; Three Years Later Arrested in Colorado for Rape & Sentenced to 300 Plus Years (2008)

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Marc Patrick O’Leary (US Army)

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 in Washington. Investigators would learn that 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 rape 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 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

Related Links:
Golden Police Department Arrest Affidavit for Marc O’Leary
Lakewood Man Accused Of Being Masked Rapist
Pictures in Accused Rapist’s Camera Provide Chilling Evidence Against Him
Victim of accused serial rapist was charged with false reporting
Disturbing Details Emerge In Suspected Serial Rapist Case
Affidavit: Colorado rape suspect believed he was member of secret society, could have sex with anyone
Serial rapist pleads guilty, faces life in Colorado prison
Photos lead to charge of rape against former Mountlake Terrace man
Colorado man charged in local 2008 rapes
Accused Colorado serial rapist charged in Kirkland attack
‘I went and threw up,’ says girlfriend of serial rapist
327 ½ years to life Prison Sentence for Serial Rapist
Marc O’Leary, serial rapist who felt entitled to assault anyone he wanted, gets 327 years
Suspect in Lynnwood rape sentenced to 325 years for Colorado crimes
Marc O’Leary Sentenced To Over 300 Years For Rapes In Colorado, Washington
Convicted rapist pleads guilty to rapes in Lynnwood, Kirkland
Serial Rapist Given Multiple Life Sentences — Rocky Mountain RCFL Recovered Critical Digital Evidence
Serial rapist serving life sentence gets 40 more years for raping Kirkland woman
In tracking down a serial rapist, two detectives help 18-year-old victim prove she wasn’t lying
No One Believed This Girl Was Telling the Truth About Being Raped Until They Found Pictures on Her Rapist’s Camera
Woman Sues City of Lynnwood Charging Cops Refused to Believe She Had Been Raped
Woman suing police after she was fined $500 for making up rape it turns out was TRUE and committed by serial attacker
Rape victim called a liar by authorities
Lynnwood settles with rape victim for $150K
Lynnwood to pay rape victim $150,000 in false-claim suit
Rape Victim Gets $150,000 After Police Accuse Her Of Lying
An Unbelievable Story of Rape
How We Reported ‘An Unbelievable Story of Rape’
Why was a rape victim interrogated as a crime suspect?
How A Colorado Rape Investigation Highlights Good Police Work
This Bone-Chilling Story Shows How 1 Serial Rapist Almost Got Away With His Crimes
A story about the dangers of not believing rape victims wins Pulitzer Prize
Lynnwood woman’s story highlights mishandling of rape cases
Inside the Year’s Most Unbelievable Story Of Rape
’48 Hours’ To Feature Investigation Into Colorado Serial Rapist

Videos:
48 Hours “Hunted”
“48 Hours” preview: Hunted
“48 Hours” investigates the hunt for a serial rapist


“48 Hours” goes inside the mind of a serial rapist hunting his victims while two detectives were hunting him. -48 Hours

Navy Petty Officer Elise Makdessi Double Crossed & Murdered by Husband Eddie who Came Up with a Better Plan Yielding him $700,000 in Life Insurance (1996)

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Elise Makdessi, US Navy

Navy Petty Officer Elise Makdessi worked as an Air Traffic Controller at Naval Air Station Oceana in Virginia. Elise was married to Eddie Makdessi for five years and they lived off base in Virginia Beach. Elise unknowingly helped plan, organize, and carry out her own murder and it is unclear if she was a willing participant in the original plot with Eddie to scam the government out of money or if she was controlled by Eddie. Eddie Makdessi murdered Elise Makdessi and Navy Petty Officer Quincy Brown on May 14, 1996 as part of an elaborate scam. The whole thing was a set up. Elise thought she was part of an arrangement where she would invite Quincy Brown to the house, have sex with him, then accuse him of rape. She also manufactured evidence to make it look like she was documenting sexual abuse in an effort to sue the Navy and make millions. She had journals and created what looked like a rehearsed video outlining what four Navy men, including Quincy Brown, did to her on the job.

Five years earlier in 1991 the Navy Tailhook scandal in Nevada made national headlines. Navy Lieutenant Paula Coughlin was one of the alleged victims who went public with her story. Two years before Elise and Quincy were murdered, Paula Coughlin won 1.7 million after suing the Las Vegas Hilton hotel where the Tailhook Association convention was held. Eddie must have convinced Elise that they too could make millions if they alleged that Elise was sexually assaulted on the job. What they didn’t realize is that you can’t sue the Navy; Coughlin won a lawsuit against the Hilton hotel. The Feres Doctrine prevents any soldier or their family from suing the Department of Defense for compensatory damages. Investigators believe that knowledge of this information gave Eddie and Elise Makdessi the motive to come up with the false accusation scheme to sue the Navy. Eddie was a scammer and always looking for new ways to make quick money. Elise didn’t know she was double crossed until Eddie was plunging the knife. A month before the murders, Eddie purchased $700,000 worth of life insurance on Elise.

Eddie and Elise Makdessi invited Petty Officer Quincy Brown over to the house under the guise of having a threesome. DNA evidence revealed that Elise and Quincy Brown had sex. Investigators would learn that Eddie shot Quincy first, then stabbed Elise. He hurt himself to make it appear that Quincy invaded the house, knocked him out, raped and killed Elise, and then he awoke from unconsciousness and shot the intruder. Eddie staged the crime scene and he almost got away with it. But investigators figured out this was a ‘set up’ based on the crime scene evidence, interviews with Elise’s co-workers, the video tape, and the large insurance policy. They were also savvy enough to recognize that this was a copycat case. Elise’s sexual harassment and sexual assault claims were in fact fabricated. All the men she accused of sex crimes in the video passed a polygraph examination and her supervisors testified that Elise never reported sexual harassment or sexual assault like she claimed in her video testimony. Unfortunately Quincy Brown was the pawn they used in their game and he never got the chance to see that the allegations were proven false.

Eddie was indicted in 2001. But by the time investigators were ready to arrest Eddie Makdessi for the murder of Elise Makdessi and Quincy Brown, Eddie had fled the country. They eventually caught up with him in Russia. Unfortunately, Russia did not have an extradition treaty with the United States so police could not force Eddie to come back to the states. Mike Mather, an investigative reporter, went to Russia to interview Makdessi and learned that he was remarried with a child yet things weren’t going so well for Eddie financially in Russia. After that interview, Eddie decided to leave his wife and child in Russia and go back to America to face the charges. He was going to prove his innocence and clear his name. He was sure he would beat the charges. It would be ten years after he committed the first degree murders of Elise and Quincy Brown before he went to trial. In 2006, Eddie Makdessi was convicted of two counts of murder, sentenced to life in prison, and ordered to pay a $202,500 fine. The motive was the life insurance money. He used the $700,000 payout to travel the world before settling in Russia. Eddie continues to deny committing the crimes.

Elise Makdessi’s sister, Dawn Crosby, asked the jury to “show Eddie Makdessi that my sister’s life was worth more than $700,000.” -The Virginia-Pilot

Learn more: Servicemen’s Group Life Insurance is a Common Motive for Murder

Related Links:
Tailhook Plaintiff Wins Suit (1994)
Notes, Videotape Left Left by Woman Say She was Raped, the Oceana Worker was Slain by a Colleague, An Affidavit Says
DSS Returns Double Homicide Suspect to U.S.
Forensic Expert Uses Blood to Re-Create 1996 Slayings
Jury recommends life sentence for Makdessi
The word of a jailhouse snitch: Can it be trusted?
Man accused of killing wife, her lover a decade ago finally to go on trial
Officer, paramedic recall Elise Makdessi’s death
You’ll never believe what a convicted killer is requesting from a judge
State of Virginia: Adib Eddie Makdessi v. Harold Clarke (2016)
Female sailor’s false rape allegation, plot fails
Navy Petty Officer Quincy Brown Murdered by Military Spouse Motivated to Kill by Wife’s $700,000 Life Insurance Policy (1996)
Forensic Files Sex Crimes Double Cross 1
Forensic Files Sex Crimes Double Cross 2
Unusual Suspects: Deadly Accusations (Amazon Video)
Unusual Suspects: Deadly Accusations (ID YouTube)

When a Naval Officer is apparently raped and stabbed by a coworker, a mysterious VHS tape suggests the victim may have been silenced to prevent a scandal. Dogged investigation and cutting edge forensic science reveals a shocking murder plot. -Discovery ID

Jeffrey MacDonald, US Army (1970)

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Captain Jeffrey MacDonald, US Army

Former Green Beret Army Officer, Dr. Jeffrey MacDonald, was convicted in 1979 for the murders of his wife, Colette, and his two daughters, Kimberley and Kristen, at Fort Bragg in North Carolina on February 17th, 1970. MacDonald received three life sentences from the civilian authorities in Fayetteville, North Carolina. MacDonald maintains his innocence to this day and continues to appeal his convictions.

Related Links:
MacDonald Family
The Jeffrey MacDonald Information Site
Jeffrey MacDonald on Dick Cavett
Jeffrey MacDonald “Kills” One Of His “Assailants”
In 1979, Observer Editor Rick Thames interviewed MacDonald
On-Scene Detective Identifies Cult Members Responsible for 1970 MacDonald ‘Green Beret’ Murders & Army/Police Complicity in Cover-up
Three Trials for Murder
The Devil and Jeffrey MacDonald
The Fort Bragg murders: is Jeffrey MacDonald innocent?
Since 1979, Brian Murtagh has fought to keep convicted murderer Jeffrey MacDonald in prison
Jeffrey MacDonald DNA: Army Doctor Convicted Of Killing Pregnant Wife, Kids Could Clear Name
Larry King Live – Jeffrey MacDonald: In his own words
Maybe Jeffrey MacDonald was innocent after all
DNA and the Jeffrey MacDonald investigation
After 35 years, ‘Fatal Vision’ author, killer meet again
The Devil’s in the Details: Errol Morris on the Jeffrey MacDonald Case
Richard Herman Attorney on CNN Live: Army Doctor Jeffrey MacDonald Case Reopened
The Jeffrey MacDonald Case – A Round Table discussion with Richard Cahn
How I Changed My Mind About the Jeffrey MacDonald Murder Case
Allen Rogers talks about his friend Dr. Jeffrey MacDonald
The controversial case of Dr. Jeffrey MacDonald
The MacDonald Family Murders
The Fort Bragg murders: Is Jeffrey MacDonald innocent?
Federal judge upholds Jeffrey MacDonald murder conviction; his attorney talks about appeal
The Murders of Colette, Kimberley, and Kristen MacDonald
Former prosecutor Jim Blackburn on the Jeffrey MacDonald case
Did Jeffrey MacDonald Kill His Family? Or Was It A Group of Manson Family-Esque, LSD-Raving Hippies
Lawyers for Dr. Jeffrey MacDonald, Fighting in Court Filing to Overturn 1979 Conviction for Murdering Family, Say Prosecutors Hid Evidence
People Magazine Investigates Green Beret Jeffrey MacDonald’s family murder conviction
Ex-Army surgeon pursues appeal, insists he’s innocent in “Fatal Vision” killings
Jeffrey MacDonald gets new court hearing in ‘Fatal Vision’ murder case
MacDonald hearing, likely last chance for exoneration set for Thursday
Green Beret doctor who claims hippies killed his wife and children in 1970 vows to fight on in bid to clear his name despite latest rejection
Captain Jeffrey MacDonald – 40 Years Later
Jeffrey MacDonald gets new evidence hearing after 40 years
Kathryn MacDonald & Dr Jeff MacDonald Ft Bragg Murders
Crimes And Criminals: Jeffrey MacDonald (YouTube)
20/20: Fort Bragg Murders (YouTube)
Fatal Vision – Jeffrey MacDonald Film
False Witness – Trailer on YouTube
False Witness the Movie (YouTube)
Jeffrey MacDonald ‘Fatal Vision’ Murder Case to Get TV Remake
‘Fatal Vision’ becomes final: Jeffrey MacDonald murders get movie treatment again
Timeline of events in the Jeffrey MacDonald case
Violent Crime, Non Combat Death & Suicide at Fort Bragg


An army surgeon, Jeffrey MacDonald, is the lone survivor of a brutal 1970 home invasion that claims the lives of his wife and daughters. But authorities doubt his story of murderous hippies and believe MacDonald is the culprit. -Investigation Discovery

Joseph Kahahawai Murdered by Naval Officer Tommy Massie and Grace Fortescue in Hawaii After Hung Jury for the Alleged Gang Rape of Thalia Massie (1931)

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Joseph Kahahawai, Jr.

On the evening of September 12, 1931, Thalia Massie was walking home from a party she attended in Honolulu when she says she was pulled into some bushes and gang raped by some natives of Hawaii. She told her husband Tommie Massie, a Naval Officer who worked on a submarine, that she was raped. He immediately wanted justice for his young wife and insisted on calling the police. Thalia came from a very prominent family and led a privileged life that honored privacy; she did not want this information to go public. Once the Navy found out, they contacted the police department in an effort to exert pressure to get a conviction so their image was not impacted and the spouses felt safe again. As a result, the allegations were taken very seriously by the police and the case was investigated. Another woman reported that same night that she had been harassed by a group of Hawaiian natives and the police couldn’t help but suspect the two cases were related. After interviewing this woman, they were able to determine who one of the men were because she was able to provide a license plate number. The police brought the first suspect into the station for questioning and were able to find out who the other individuals were.

All of them were placed in a line-up together and Thalia Massie was asked to choose the men she thought were the ones who raped her. She picked two of the five men. Regardless the police charged all five men with rape and took them to trial. In the meantime, Thalia’s mother, Grace Fortescue, came to support her daughter through the trial. In the end, all five of the men were set free due to a hung jury; the jurors were deadlocked six to six. Tommy Massie and Grace Fortescue were especially upset with the outcome of the case and believed these men were guilty and only free because of a technicality. But what they didn’t consider is that Thalia’s identification of the accused was not credible because she could not see well without her glasses, it was dark that night, and she was only able to identify two of five individuals in a flawed police line-up. The other mitigating factors were no semen was found inside Thalia when the doctor’s performed an examination and she had bathed after the alleged rape so that evidence was lost.

Before Honolulu civilian investigators even initiated a second trial, Tommy and Grace decided they would get confessions from the accused so this time it would ensure a guilty verdict. They decided they would pretend to be the police and abduct Joseph Kahahawai with the help of one of Tommy’s Navy co-workers. They took Joseph back to the Massie home, held him at gunpoint, and asked him to admit to the crime. Joseph refused to admit guilt and would not sign the statement admitting guilt. He also let them know they cannot hold him captive because they are not the police. Joseph attempted to leave and it was at this point that he was shot and killed in a foiled abduction to elicit a confession gone wrong. In the meantime, Joseph’s cousin contacted the police to report that Tommy Massie abducted Joseph. Tommy Massie and Grace Fortescue were caught red-handed with Joseph’s dead body in the car after the Massie vehicle was spotted and police pulled them over. The two were on their way to a location where they could have dumped Joseph’s body and he would never be found again.

Tommy Massie and Grace Fortescue were both arrested for the homicide of Joseph Kahahawai. The Navy personnel, spouses, and other white people treated them as if they were celebrities. The duo never thought the jury would convict but they did. They convicted them of manslaughter and sentenced them to 10 years. Unfortunately, the Governor of Hawaii pardoned them and reduced the sentence to 1 hour in jail. They were freed after abducting and murdering a man they were not even really sure was a perpetrator. Despite evidence that a rape may have never happened, it didn’t matter to Tommy and Grace. They wanted someone to pay for the crimes against Thalia and believed it was the truth. Supporters celebrated the victory with them. It appeared that Joseph Kahahawai’s life didn’t even matter to them, but his life did matter to those native to Hawaii. Hawaiian natives knew that the island was safe prior to Hawaii becoming a territory of the United States. This was the case that changed the image of Hawaii, now a paradise lost to the natives.

Related Links:
Trouble in Paradise
Massie Case Revisited
Massie Trials (1931 & 1932)
Getting Away with Murder: The Massie Case
The Crime That Changed the Islands
The Massie case: Injustice and courage
Rich, Famous, and Questionably Sane
Civil rights and murder in 1931 Hawaii
LAW ’N HISTORY: Thalia lied, Joe died
The legacy of the Massie-Kahahawai case, 80 years on
Local Story: The Massie-Kahahawai Case and the Culture of History
The 1932 murder that exposed the hole in Hawaii’s idyllic facade
Post Time: Palm Beach suicide had link to race-charged Hawaii trials
Post Time: The Thalia Affair, Part 2: A trial, a murder, another trial
Thalia Massie: White Navy Wife Blamed Hawaiian So-Called Thugs in Alleged Rape


Honolulu, HA, 1931: When the young aristocratic wife of a Naval Lieutenant is discovered bruised and beaten by the side of a dark road, a hackneyed scheme and a trigger-happy hand will lead to the most sensational murder trial in Hawaii’s history. -Investigation Discovery