Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)

Posted on March 24, 2021 by Administrator

SASC Sexual Assault in the Military Hearings (March 24, 2021)

Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military

“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)

Video:

Senate armed services committee holds hearing on sexual assault in the military

Senator Elizabeth Warren on Sexual Assault in the Military

Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse

How personal experience is guiding this military corp’s attempt to combat sexual assault

Sen. Gillibrand Pushes For Sexual Assault Reform In Military

Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:

Ms. Amy Braley Franck, Never Alone Advocacy

Download Testimony here.

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.

PVT Richard Halliday is still missing from Ft. Bliss.

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.

Other Witnesses:
Ms. Amy Marsh, Military Spouse
Mr. Quinton McNair, Former SARC/SHARP Victim Advocate
Ms. Brenda S. Farrell, Director, Defense Capabilities And Management, GAO
Mr. Eugene R. Fidell, Senior Research Scholar, Yale Law School Adjunct Professor Of Law, New York University Law School
Colonel Don M. Christensen, USAF (Ret.), President, Protect Our Defenders
Colonel Lawrence J. Morris, USA Ret. (No electronic testimony submitted)

Honoring the Fallen:

Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)

Morgan Robinson, Army National Guard: “They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says

Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)

Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)

Asia Graham, U.S. Army: New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation

Richard Halliday, U.S. Army: Search Continues for Fort Bliss Soldier Reported Missing Over 200 Days

Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)

“Truth will come to light…At length the truth will out.” William Shakespeare

Posted on November 18, 2020 by Administrator

It has been over a year since we lost Daniel. On February 28, 2020, we were devastated when the Suffolk County Grand Jury issued a No Bill and did …
“Truth will come to light…At length the truth will out.” William Shakespeare

Report of the Fort Hood Independent Review Committee (November 6, 2020)

Posted on November 6, 2020 by Administrator

Fort Hood Independent Review:

“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.”

“The 136-page Report of the Fort Hood Independent Review Committee offers findings and recommendations intended to benefit Fort Hood and the entire Army. In response, the former Secretary McCarthy has taken significant measures to hold leaders accountable at Fort Hood, instituted a new policy on missing Soldiers and formed the People First Task Force to map out a plan to tackle issues identified in the report.”

Stars and Stripes: Why is Fort Hood the Army’s Most Crime-Ridden Post? (August 21, 2020)

Posted on August 21, 2020 by Administrator

by Rose Thayer

Keeping Track

“In the last five years, 165 soldiers assigned to Fort Hood have died, according to the Fort Hood Public Affairs Office, which regularly released information on soldiers’ death until a 2018 decision to stop the practice. The post was an outlier in this level of transparency.

In those years, seven soldiers died by homicide, while six died in a combat zone. The deaths of 70 soldiers were ruled suicides, and on- and off-base accidents resulted in the deaths of 60 soldiers.”

(Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present) *we missed close to 25 deaths because Fort Hood stopped issuing press releases for the death of soldiers in early 2018)

Asking for a Solution

“Air Force veteran Jennifer Norris believes Fort Hood’s current situation has been years in the making.

For the past decade, Norris, a trained social worker with a master’s degree in public policy, has been tracking crimes committed by and against service members and advocating for reform. She posts her research on her website, Military Justice for All.

She first focused her research on several large military bases, but after noticing a trend of Fort Hood deaths, Norris narrowed her efforts to the Texas post.

‘I didn’t set up to go after Fort Hood at all. It’s a compilation of systematic issues,’ she said.

At the end of 2017, Norris used her own money to travel from her home in Maine to Washington to meet with lawmakers. By the time she got home, Norris said she thought everyone had moved on without intending to address the problems.

‘The other bases are nothing like Fort Hood is right now,’ she said. ‘I think the anomaly with Fort Hood is that its isolated and that it’s such an economic powerhouse in the community that it’s in everybody’s best interest to protect it so they can protect themselves.’”

(Washington D.C. Veteran’s Presentation on the Current Status of the Armed Forces at Fort Hood in Texas (December 12, 2017))

Military.com: Army Street Gang Activity Is Increasing, Internal Report Shows (August 17, 2020)

Posted on August 17, 2020 by Administrator

‘Gangs and the Military: Gangsters, Bikers, and Terrorists with Military Training’ by Carter F. Smith (2017)

“An internal report, obtained by Military.com through a Freedom of Information Act request, shows that gang members were tied to dozens of Army felony law enforcement reports and more than 100 criminal investigations in fiscal 2018, the latest year for which data is available. While these reports and investigations make up less than 1% of all Army law enforcement incidents, the new report shows that the little-discussed problem of military gang activity continues to be a headache for base commanders and other service leaders.”

Military Murder Podcast Featured the Suspicious Death of Fort Campbell Army Pfc. Lavena Johnson in Balad, Iraq (July 27, 2020)

Posted on July 27, 2020 by Administrator

Military Murder Podcast

“Lavena Johnson was a smart, witty woman, born and raised in Missouri. Her senior year of high school she decided she would join the Army in an effort to not burden her parents with out of state tuition for college. Although Dr. Johnson (Lavena’s dad), begged her not to join the Army – she did so anyway. She thought the Army was a good deal – you serve your country a few years and then you get 4 years of college paid! Recruiters promised her she would likely not deploy, even though in 2004 there was an uptick in deployed troops.”

Listen to Ep 40: Did Lavena Johnson commit suicide? on the Military Murder Podcast here.

Open Letter to House of Representatives in Support of an Independent Investigation of the Murder of Vanessa Guillen at Fort Hood (July 7, 2020)

Posted on July 7, 2020 by Administrator

http://www.findvanessaguillen.com

Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present): https://wp.me/p3XTUi-5oF

Dear Rep. Jared Golden,

I write to you as a victim of crime in the military and as a military crime historian. I have researched the US military’s crime problems for the last 10 years and have documented as much as humanly possible on my Military Justice for All website. I have over 1000 cases of suspicious deaths, homicide and missing cases. Fort Hood has been problematic for years. I visited both Senator Collins and Senator King in DC to warn them about the problems at Fort Hood in December 2017 and to ask them for their help. It fell on deaf ears. Much like Vanessa Guillen, I too was afraid to report sexual harassment and sexual assault for fear of retaliation. I didn’t report until my supervisor in the Chain of Command attempted to force himself on me. Prior to this incident, I experienced daily sexual harassment and he would give me assignments that isolated me so he could do it with no witnesses.

Rep. Sylvia Garcia is asking that the DoD IG do an investigation of the circumstances that led up to the murder of Vanessa Guillen at Fort Hood. I am asking you to support her and all of our service members by adding your name to the list of representatives who support these efforts. Fort Hood leadership has failed time and time again and it’s due time that someone take a look at this problematic base. It’s a sad day when we lose 133 servicemembers stateside to violent crime, suicide, and training accidents compared to 2 combat deaths and 4 insider attacks overseas since 2016.

I also ask that you support legislation such as the Military Justice Improvement Act to give our service members a chance to report unsafe situations to an independent authority outside the Chain of Command. As long as service members are fearful of retaliation (which is very real and the reason I have compounded PTSD), we will continue to see high rates of PTSD, murder and suicide on military bases. According to authorities, Vanessa Guillen was murdered because she was planning on reporting someone she worked with for adultery, and this same individual may also have been sexually harassing her. It is unclear at this time who sexually harassed her but she told her family she was scared and feared reporting the sexual harassment to the Chain of Command because it wasn’t taken seriously and she feared retaliation.

Over the years, I have realized that most don’t realize what it’s like to be enlisted and this still rings true. Imagine how powerless we feel as lower enlisted when someone higher ranking than us can literally get away with crime because they are part of the reporting mechanism or they simply don’t care. While Congress sits on their hands, veterans are flocking to the VA to file PTSD claims and military families are grieving the loss of their loved ones whether it be by murder or suicide. I understand why someone might take their own life when they feel trapped and have no way out.

Please do the right thing and support Rep. Garcia, Rep. Speier and Senator Gillibrand.

Sincerely,

Air Force Veteran

Find your Representative here.

Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

Posted on July 2, 2020 by Administrator

Find contact information and how your Senators voted here.

Contact the SASC & HASC Members here.

Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

“U.S. Sens. Kirsten Gillibrand (D-N.Y.), Chuck Grassley (R-Iowa) and I recently announced that we will offer the bipartisan Military Justice Improvement Act as an amendment to this year’s National Defense Authorization Act. The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes by moving the decision over whether to prosecute them to independent, trained, professional military prosecutors.

Despite years of Congressional reforms, thousands of service members are raped and sexually assaulted every year. In many of those cases, the assailant is someone in the survivor’s own chain of command. Only a small fraction of the perpetrators are ever held accountable for their violent crimes. Last year, the Department of Defense announced a record number of sexual assaults reported by or against service members, and yet, less than 10 percent of cases considered for command action ever proceeded to trial. Worse yet, despite repeated efforts to stamp out the scourge of retaliation against military sexual assault survivors, the most recent Pentagon survey found that 64 percent of survivors say they have experienced some form of retaliation for reporting the crime. That figure is statistically unchanged from 2016.”

Federal Criminal Complaint for Cecily Ann Aguilar, U.S. District Court, Western District of Texas (July 2, 2020)

Posted on July 2, 2020 by Administrator

Fort Hood Army Pfc. Brandon Rosecrans Found Fatally Shot Four Miles From Burning Jeep in Harker Heights, Texas; Two Arrested & Charged (May 18, 2020)

Posted on May 18, 2020 by Administrator

Pfc. Brandon Rosecrans, U.S. Army

Fort Hood Army Pfc. Brandon Scott Rosecrans, 27, of Kimberling City, Missouri, was found dead on the southern edge of Harker Heights, Texas on May 18, 2020. Brandon Rosecrans’ was a shooting victim and his body was found along Fuller Lane just north of the western end of Stillhouse Hollow Lake. His orange-colored 2016 Jeep Renegade was discovered on fire about four miles from his body. The cause of the fire is under investigation by the Harker Heights Fire Marshal. Pfc. Rosecrans served as a quartermaster and chemical equipment repairer with the 3rd Armored Brigade Combat Team, 1st Cavalry Division since November 2018. Pfc. Rosecrans enlisted in the Army in May 2018.

Harker Heights, Texas, Police Chief Phillip Gadd reported that following a preliminary investigation, they’ve determined that Brandon Rosecrans died from a gunshot wound and that his death was being investigated as a murder. The murder and arson investigations are being run concurrently by the Harker Height’s police and fire departments and the U.S. Army CID. According to the Army CID, the Harker Heights Police Department is the lead investigative agency for Brandon Rosecrans’ death. Anyone with information, “no matter how insignificant it may seem,” is asked to come forward and contact Army CID, the military police or their local law enforcement agency.

“The Harker Heights Police Criminal Investigation Division is asking anyone with information about this murder to contact them at 254-953-5400. Individuals may also provide information to Crime Stoppers at 254-526-TIPS (8477) or go online at www.bellcountycrimestoppers.com. All information is confidential and anonymous and if your tip leads to the arrest of the person(s) responsible, you could be eligible to receive a reward up to $1,000 in cash.” -Harker Heights PD Press Release (May 19, 2020)

On August 5th, 2020, Brandon Olivares was charged with the murder of Brandon Rosecrans. Estrellia “Star” Falcon was charged with using Rosecran’s Jeep & hindering prosecution. See media updates and affidavit below.

In the News:

Man found dead in Harker Heights identified as Fort Hood soldier Pfc. Brandon Rosecrans -KWKT FOX44 (May 20, 2020)

Digital First Video: Parents of Brandon Rosecrans -KOLR10 News (May 28, 2020)

Army Pfc. Brandon Rosecrans’ Funeral in Kimberling City

Pfc. Brandon Rosecrans Funeral -KOLR10 News (June 2, 2020)

His vehicle was found on fire 15 mins after he was found about 4 miles away. Let help get brandon justice. His reward is only 1000 it needs upped. Also his service if you want to pay your respect and watch. -A thin line between Love and homicide (June 29, 2020)

Pfc. Brandon Rosecrans was found dead near his burning Jeep a short drive from the base, killed by a gunshot wound. Police and Army investigators are now investigating the death as a possible murder. -Military Times (July 1, 2020)

Brandon Michael Olivares was charged with the murder of Brandon Rosecrans and had a bond set at $1 million. -KCEN News (August 6, 2020)

A Killeen couple is in jail after Pfc. Brandon Rosecrans, a 27-year-old Fort Hood soldier, was murdered in May. KTBC FOX 7 Austin (August 19, 2020)

Press Releases:

Fort Hood Press Center Press Release for Pfc. Brandon Rosecrans (Editor’s Note: Fort Hood will delete this press release, hence the reason it’s been preserved)

Harker Heights Police Department Press Release for Brandon Rosecrans

Affidavit for Brandon Olivares (August 5, 2020)

MILITARY JUSTICE FOR ALL

No affiliation with the Department of Defense or any of the Armed Forces.

Tag Archives: Felony Crime