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

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You can listen to U.S. Navy veteran Brian Lewis’ March 13, 2013 testimony to the Senate Armed Services Subcommittee on Personnel here.

“Nearly 30 years ago, when George H. W. Bush was president and Dick Cheney was the secretary of defense, the Pentagon made a promise to our service members. Dozens of Navy and Marine Corps aviation officers had just been investigated for the infamous Tailhook sexual assault scandal, and America’s military leadership affirmed a “zero tolerance” policy toward sexual assault within their ranks. The military had a sexual assault problem, and pledged to solve it.

It’s painfully clear that the military has now failed at this mission by almost any metric. For years, survivor after survivor has told us the change in the system we needed to make to end this scourge — the same change that a number of our allies around the world have already made: take the adjudication of these crimes outside of the chain of command and allow trained military prosecutors to prosecute them.” Read more opinion at Military Times here.

“The Military Justice Improvement Act would take the prosecution of sexual assault and other serious crimes, such as murder, out of the chain of command. It would keep those crimes in the military justice system, but put the decision to prosecute them into the hands of actual military prosecutors who are trained to deal with complex legal issues.” –Senator Kirsten Gillbrand (Military Times, July 1, 2019)

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System  -Senator Kirsten Gillibrand (May 16, 2013)

Related Links:
Pass the Military Justice Improvement Act @SenGillibrand
S. 1789: Military Justice Improvement Act of 2019
S. 1789: Military Justice Improvement Act of 2019 [Full Text]
Comprehensive Resource Center for the Military Justice Improvement Act
Sens. Cruz, Gillibrand Reintroduce Military Justice Improvement Act
Udall, Heinrich Reintroduce Military Justice Improvement Act To Address Crisis Of Military Sexual Assault
Leahy Joins Gillibrand And Others To Reintroduce Military Justice Improvement Act
Hirono Wants To Change How The Military Prosecutes Sexual Assault
Senator Martha McSally’s Responsibility to Survivors of Military Sexual Assault
McSally defends keeping military commanders involved in sexual assault cases
Gillibrand: “Status Quo” Not Working With Military Sexual Assaults
Veterans for Peace: Sexual Assault on Military Members Press Conference, Seattle, Washington (August 11, 2006)
Jamie Leigh Jones Testified at the House Judiciary Committee Halliburton/KBR Iraq Rape Case Hearing (December 19, 2007)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)
Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)
Sexual Misconduct Allegations at Lackland AFB | C-SPAN (January 23, 2013)
Panetta Is Lifting Ban On Women In Combat Roles (NPR, January 23, 2013)
Sexual Assault in the Military, Part 1 | C-SPAN (March 13, 2013)
Sexual Assault in the Military, Part 2 | C-SPAN (March 13, 2013)
Gillibrand Leads Bipartisan Coalition to Reform Military Justice System [Full Video] | Senator Kirsten Gillibrand (May 16, 2013)
Gillibrand Builds Bipartisan Support for Change of Military Justice Code (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
The war in Congress over rape in the military, explained (June 8, 2016)
Sexual Assault in the Military | C-SPAN (March 6, 2019)
S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

Marine Corps LCpl Riley Schultz Found Dead at Camp Pendleton Entry Control Point; Death Ruled Suicide by Self-Inflicted Gunshot Wound But Family Disputes Findings (March 15, 2019)

U.S. Marine Riley Schultz

Lance Corporal Riley Schultz, U.S. Marine Corps

In the early morning hours of March 15, 2019, Marine Corps Lance Corporal Riley Schultz was found dead near a guard shack with a gunshot wound in his head. Nineteen-year-old Lance Corporal Schultz was on guard duty at Camp Pendleton in California when this tragic incident occurred. Riley was discovered by a Marine who was assigned to replace him at this entry control point. The Naval Criminal Investigative Services (NCIS) were assigned to investigate Riley’s suspicious death but their investigation appeared to conclude when the medical examiner ruled that Lance Corporal Riley Schultz died by suicide via a self-inflicted gunshot wound. Riley’s family isn’t going to simply accept the outcome of the investigation. His family knows him better than anyone and his brother said Riley was the happiest he had ever been. Riley’s mom told the press that becoming a Marine was his dream and he worked hard and prepared for his enlistment before joining the USMC at the age of 17. Riley’s mom said he loved being a Marine and things were going well in his personal life when he died. Although this investigation appears to be an open and closed case with the Marine Corps, Riley’s family disputes the cause of death and plans to continue to fight for justice for Riley.

In the News:

The Marine from Colorado found dead at a Southern California base earlier this month died by suicide, according to 1st Lt. Cameron Edinburgh, a Marine Corps spokesperson. Rob Low reports. -FOX31 Denver (March 27, 2019)

The Navy is investigating after a Marine from Colorado was shot to death while on guard duty at Southern California’s Camp Pendleton. -CBS Denver (March 27, 2019)

Lance Cpl. Riley Schultz was discovered dead around 4 a.m. March 15 with a gunshot wound to the head. -Denver7 – The Denver Channel (March 27, 2019)

Related Links:
Lance Cpl. Riley Schultz From Longmont Killed While On Duty At Camp Pendleton
Marine Found Dead at Camp Pendleton Guard Post from Gunshot Wound to Head
Riley Schultz, Marine, shot dead while on guard duty at Camp Pendleton
Marine shot, killed while on guard duty at California base
Marine Shot, Killed While on Guard Duty at California Base
Colorado Marine shot, killed while on guard duty at California base
Marine from Colorado shot, killed while on guard duty at California base
Marine’s shooting death at Camp Pendleton guard post under investigation
Medical Examiner: Marine From Colorado Died By Suicide
19-Year-Old Marine Found Dead at Camp Pendleton Killed Himself: Officials
Death of Marine shot while on guard duty at Camp Pendleton ruled a suicide
Colorado Marine’s family not convinced death was a suicide
Family Convinced Marine’s Death at Camp Pendleton Was Not Suicide
Family of Camp Pendleton Marine disputes suicide ruling despite Marine Corps findings
Marine From Longmont Shot, Killed While on Duty At Camp Pendleton
Marine killed while on guard duty at California base; services to be held in Colorado
Longmont Marine took his own life
Violent Crime, Non Combat Death, and Suicide at Camp Pendleton, California (USMC)
Lance Cpl Riley Schultz, age 19 | Gun Memorial

A Month in Review: In the News on Military Justice for All (May 2018)

May 2018

Missing:
Family pleads for missing soldier battling PTSD to come home
Vets group calls for ‘CAMO Alert’
What really happened to Middlebrook’s Sgt. Gene Shultz?
Missing: Michael VanZandt (Hermosa Beach Police Department – 310-318-0308)
Missing in Hermosa Beach: What happened to Mike VanZandt?
He Left to Go to the Bathroom and Never Came Back: Where is Michael Vanzandt?
Missing: Trevor Nichols (US Army), New York
Soldier receives orders to Fort Riley, goes AWOL
Disappeared: Air Force Veteran Michael Vanzandt Vanishes During a Night Out with Friends in Hermosa Beach, California (March 5, 2016)
Jean-Marc Faubert has been missing since the early morning of Friday, May 25th

Cold Cases:
Georgia Marine’s murder in Belize remains unsolved one year later
No arrests made 3 years after soldier’s murder
New Hampshire unsolved case file: David and Deborah Carreau
Warwick murder case still unsolved, reward offered 5 years later
Cold Case: Army Spc. Darlene Krashoc Sexually Assaulted, Murdered, and Dumped in Parking Lot in Colorado Springs; CID Offers $10,000 Reward (1987)

Fugitives:
Reward Offered for Armed & Dangerous Fugitive: Army Recruiter John Blauvelt Wanted for Allegedly Murdering Estranged Wife in South Carolina (2017)

Petitions:
Presidential Pardon Petition | Free Lt. Clint Lorance
Fire Iron River, Michigan City Manager David Thayer For Firing Police Chief Laura Frizzo!

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Top 10 Posts on Military Justice for All in 2017

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  1. Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside
  2. Navy Veteran Richard Uffelman & Two Children Opened Fire and Killed Neighbors Michael and Florence Phillips in Maine, Richard Sentenced to Life in Prison (1989)
  3. Navy Spouse Susan Russo Hired Drug Addicted Hitmen for $100 to Murder Husband David for the Servicemen’s Group Life Insurance (1994)
  4. Navy Wife Dina Kichler Raped & Murdered in Mayport, Florida by John Brewer Shortly After her Husband Deployed for Six Months on USS Forestall (1990)
  5. Joseph Snodgrass, US Air Force, Hired Hitmen to Murder Wife Julie at Clark Air Force Base in the Philippines for the $400,000 Life Insurance Payout (1991)
  6. Fort Bliss Army Commander Captain Lynn Reister Murdered by Enlisted Husband Roger and His Brother Rodney for the Servicemen’s Group Life Insurance (2001)
  7. A Complete List of the 35 Basic Military Training Instructors Court Martialed in the Lackland Air Force Base Sex Scandal
  8. Air Force Retiree Philip Inhofer Murdered by Nevada Escort for Money and 1975 Mercedes Convertible; Michelle Cummiskey Sentenced to 25 Years to Life (1991)
  9. 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)
  10. Air Force SSgt Michael Severance Poisoned with Animal Medications by Veterinarian Wife, Wendi Davidson Plead ‘No Contest’ to First Degree Murder, Sentenced to 25 Years (2005)

The Pendulum Has Swung: Defending Yourself Against False Allegations in Senator Claire McCaskill’s Military Justice System (June 4, 2016)

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:
Newsmax: Rowan Scarborough On False Complaints Of Sexual Abuse In Military (May 14, 2013)
Letter of Support for Save Our Heroes in Our Shared Quest for Military Justice Reform & Constitutional Rights
Senate Armed Services Committee Sexual Assault in the Military Hearings (March 6, 2019)

Tracking Military Sex Offenders Prevents Crime

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If someone reports a crime to a police department, even if the person is not prosecuted, there is still a record of the complaint. This is not happening in the military because the Commander does not have access to law enforcement databases. So if the person was accused before in the military, the Commander has no way of knowing. And they are not entering data into the system if they are informed of a complaint. We are losing valuable data if the person is not prosecuted for the crime. The military currently prosecutes less then 10% of complaints.

If information was processed like in the civilian world, we quite possibly could prevent a rape or sexual assault. It could help establish a pattern even if one of the cases didn’t have enough evidence to prosecute. If the military had multiple complaints against one person then they would have a better chance at prosecution.

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