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

June 2018

Missing:
Disappeared: Stacy McCall, Suzie Streeter, and Sherrill Levitt are ‘The Springfield Three’ who Vanished from Levitt’s Missouri Home on June 7, 1992
Friends, family of missing UMass nursing student Maura Murray hope funds will lead to answers

Cold Cases:
Family wants justice for Army vet found shot to death in driveway
Authorities Have Cracked a Bizarre Cold Case That Could Have Ties to the Zodiac Killer
48 Hours Premiered ’48 Hours Cold Case: Who Killed Amy Gellert?’ on CBS (June 17, 2017)

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

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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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MJFA Honors Cassie Jaye, Director of The Red Pill Movie, on International Women’s Day


The Red Pill, A Cassie Jaye Documentary

About the Film: When feminist filmmaker Cassie Jaye sets out to document the mysterious and polarizing world of the Men’s Rights Movement, she begins to question her own beliefs. Jaye had only heard about the Men’s Rights Movement as being a misogynist hate-group aiming to turn back the clock on women’s rights, but when she spends a year filming the leaders and followers within the movement, she learns the various ways men are disadvantaged and discriminated against. The Red Pill challenges the audience to pull back the veil, question societal norms, and expose themselves to an alternate perspective on gender equality, power and privilege.

Learn more about Cassie Jaye & The Red Pill Movie here.

Related Links:
11 Sign of Sneaky Sociopath
A List of Soldiers Targeted & Murdered for Military Survivor and Life Insurance Benefits (2016)
Are More Male’s Victims of Violent Crime in the US than Females? (2017)
August: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (2017)
September: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (2017)
78 Fort Hood Soldiers Died Since January 2016: 7 Overseas Deaths, 3 Non Combat; 71 Stateside Deaths, 37 ‘Suicides’, 1 Unsolved Homicide (2018)

Military Policy Concerns

  • Males are victims of crimes and perpetrators of crimes
  • Males are victims of exploitation, sexual abuse, domestic violence, attempted homicide, homicide, physical assault, hazing and bullying
  • Males are the perpetrators of most crimes committed in the military
  • What percentage of males has post traumatic stress?
  • What percentage of males is considered a domestic abuser?
  • Need to differentiate between disassociation/abuse & escalation in violence
  • More then half of victims of sexual assault are male, they are not reporting.
  • 1 Active Duty suicide a day, most cases not attributed to serving in combat zone.
  • High rates of domestic abuse, alcohol use, assault, & getting into trouble.
  • Males guilty of domestic violence, child abuse, physical assault, sexual assault
  • Majority of perpetrators are males, although women are perpetrators too
  • Both male & female perpetrators exhibit signs of narcissism, sociopathy
  • Perpetrators do not discriminate, they target the most vulnerable male or female
  • Perpetrators are targeting males because male dominated career, opportunist
  • Male on male crime tends to be more violent, victim may have been threatened
  • The stereotype that perpetrators are always male is false, female perpetrators tend to be more sociopathic, manufacture evidence, create narrative, and elicit the help of others to commit the crimes usually because of financial motive
  • Financial benefits, medical benefits, & life insurance make solders vulnerable, targeted by sociopaths for financial gain, mostly males in Army targeted
  • Domestic abuse perpetrated by female spouses minimized, false accusations common
  • Fear of losing security of steady paycheck if anyone reports abuse to command
  • Red flags missed because the abused do not want to report, violence escalates to a point of no return (careers ended, someone gets hurt or dies)
  • Males fear reporting to command, perpetrators may be higher ranking, exploitation
  • Commanders are single investigators, may not realize being manipulated by sociopath who is out to get revenge because the other party rejected them
  • Servicemen’s Group Life Insurance is a common motive for murder, mostly males targeted, soldiers motivated to get married quickly for financial benefits
  • Males think they can’t become a victim of crime, anyone can whether violent criminal or manipulative spouse exploiting soldier financially, target when alone
  • If abusive spouse lives on federal military base, no one has jurisdiction over them, can’t court martial or NJP, soldier held responsible for behavior of family
  • Where can soldiers turn to for help to safely end a marriage? Are they provided with an attorney? Do they have to pay out of pocket? Command’s involvement?
  • Who is tracking behaviors/red flags of both perpetrators & those with PTSD?
  • What services are offered to assist a soldier with PTSD? Is it a career ender?
  • Is toxic leadership responsible for soldiers choosing suicide? Betrayal?
  • How do Commander’s hold military spouse accountable for domestic abuse?
  • How do Commander’s hold soldier accountable for escalating domestic abuse?
  • Is it possible that male soldiers do not report because don’t want to be seen as weak?

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)

Air Force Court of Criminal Appeals Overturns Rape Conviction & 20 Year Prison Sentence for Lackland Basic Military Training Instructor MSgt Michael Silva (2017)

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MSgt Michael Silva, USAF

In the 2011/2012 timeframe, the Lackland Air Force Base Sex Scandal coverage began to gain serious momentum in the media. As a result, military leadership set up a hotline number for former recruits to report claims of sexual abuse while attending basic training. After a base wide investigation, 35 basic military training instructors were court-martialed for allegedly abusing trainees or sex related offenses. MSgt Michael Silva was one of two basic military training instructors at Lackland AFB found guilty and sentenced by the military courts to 20 years for rape. SSgt Luis Walker was the other instructor and committed suicide shortly after learning his appeal was denied. At an Article 32 evidentiary hearing convened in Silva’s case, he was facing charges of raping a basic trainee from 1995 and two ex-wives (one in the 1992-1993 time frame and another in 2007). In January 2015, Silva was convicted of raping two of the alleged victims, the basic trainee in 1995 and one of the ex-wives. MSgt Silva wrote a clemency letter to the convening authority in the courts-martial at Joint Base San-Antonio claiming that he was falsely accused and wanted to retire with the rank, pay and benefits of an Air Force senior master sergeant, the rank he earned but was never allowed to wear. Silva claims that his accusers (also military members at the time of the alleged incidents) were motivated to accuse him of rape in an effort to collect veteran’s benefits totaling over $3000 a month. The alleged victim’s names in this case have been protected for their own privacy. Both the 2nd AF SJA office and the convening authority taking action on this case were provided over 150 pages of evidence found post trial proving that the alleged victims were either lying or not credible.

On July 20, 2017, Save Our Heroes reported that MSgt Michael Silva’s rape conviction and twenty year prison sentence had been overturned by the Air Force Court of Criminal Appeals. MSgt Silva’s defense presented seven arguments and the Court of Criminal Appeals made their decision after seeing only one of those arguments, although they referenced some of the injustice in the other arguments, they ruled them moot at this point and would not be answered. MSgt Silva’s case was overturned due to an error on the part of Judge (Col) Natalie Richardson provided, inter alia, the following instructions to the court members before counsels’ arguments on findings:

“An accused may be convicted based only on evidence before the court, not on evidence of a general criminal predisposition. Each offense must stand on its own, and you must keep the evidence of each offense separate. Stated differently: if you find or believe that the accused is guilty of one offense, that—you may not use that finding, or that belief as a basis for inferring, assuming, or proving that he committed any other offense. . . . Proof of one offense carries with it no inference that the accused is guilty of any other offense.”

“Evidence that the accused committed one sexual offense alleged in a Specification—so 1, 2, 3, or 4 of the Charge—may have no bearing on your deliberations in relation to any other of those Specifications unless you first determine by preponderance of the evidence, that is more likely than not, that one offense alleged oc- curred. So if you determine by preponderance of the evidence that the offense alleged in the specification of the Charge occurred, even if you are not convinced beyond a reasonable doubt that the accused is guilty of that offense, you may nonetheless then con- sider the evidence of that offense for its bearing on any matter to which it is relevant in relation to the other alleged specifications. You may also consider the evidence of such other sexual offenses for its tendency, if any, to show the accused [sic] propensity or predisposition to engage in sexual offenses. You may not, how- ever, convict the accused solely because you believe he commit- ted this other offense or solely because you believe the accused has a propensity or predisposition to engage in sexual offenses. In other words you cannot use this evidence to overcome a fail- ure of proof in the government’s case if you perceive any to exist. The accused may be convicted of an alleged offense only if the prosecution has proven each element beyond a reasonable doubt. Each offense must stand on its own, and the proof of one offense carries no inference that the accused is guilty of any other of- fense. In other words, proof of one sexual offense creates no in- ference that the accused is guilty of any other sexual offense. However, it may demonstrate that the accused has a propensity to commit that type of offense. The prosecution’s burden of proof to establish the accused [sic] guilt beyond a reasonable doubt re- mains as to each and every element of each offense charged. Proof of one, proof of one charged offense carries with it no infer-ence that the accused is guilty of any other charged offense.”

“…There were weaknesses in the Government’s case. The alleged crimes occurred far in the past. There were no eyewitnesses other than the victims themselves. The only one of the charged or uncharged victims to report the alleged crimes to law enforcement prior to 2012 was JB, and she recanted her initial allegation. The Prosecution presented no physical, scientific, or photographic evidence of any of the offenses. The Government offered no confessions or admissions to any of the offenses by Appellant, who did not testify.” –United States Air Force Court of Criminal Appeals

MSgt Silva was merely a scapegoat in the Lackland sex scandal. His wife Lisa made the following statement: “They finally did the right thing by admitting that my husband wasn’t afforded a fair trial. They simply used him as a scape goat because of all the political pressure and attention on the alleged Lackland Sex Scandal. By convicting Mike they were sending a message to all the MTI’s both past and present demonstrating that they would go after them no matter what. I don’t know who would want want to even be a MTI knowing that a potential false allegation could be hanging over their head for 20 years and potentially ruin your life. Mike was an amazing mentor to so many over his 24 year career and all they did was destroy him. He was defeated by the very institution he served to protect and defend.”

The political witch hunts produced convictions of military training instructors to appease congressional leaders, and it resulted in one sided investigations. In MSgt Silva’s case, they didn’t even verify statements made by the accusers. In other words, there was no evidence to charge MSgt Silva to begin with because this was indeed a purely ‘he said, she said’ case. And the Air Force Office of Special Investigations (AFOSI) went on a fishing expedition when they sought out MSgt Silva’s ex-wives, who technically may not have the necessary credibility if they were at all resentful or angry that the marriage ended. It appears the AFOSI attempted to connect three accusers in an effort to prove MSgt Silva was a serial rapist with a propensity to commit crimes in the future. As part of a response to the high profile Lackland sex scandal, the Air Education and Training Command (AETC) set up a temporary hot line. One accuser used the specially created hotline to report an alleged rape in 1995 and the other two accusers were ex-wives sought out by AFOSI to bolster their case (one recanted her allegation). Instead, they gave the Air Force Court of Criminal Appeals grounds to throw the conviction out because the alleged criminal modus operandi was not similar in pattern whatsoever and MSgt Silva was never charged or convicted of any crimes prior to his court-martial. Let’s hope the United States Air Force does the right thing in this case and demonstrates to Congress and the civilian organizations that they are serious about fighting crime only when there is evidence to support it.

“The court authorized a rehearing where the government could, in theory, bring new evidence justifying a new trial. This is highly unlikely, given that a new trial would only deepen the embarrassment.” –John Q. Public

Related Links:
Lackland Rape Charge the Result of Air Force Outreach
New Charges At Lackland On 20-Year-Old Case
Air Force sergeant charged with raping 3 women
Master sgt. faces hearing on multiple rape charges
Master sgt. Michael Silva on trial in 1995 rape
Rape hearing runs 30 minutes
Lackland’s Master Sgt. Silva guilty in 1995 rape
Lackland instructor gets 20 years in prison in rape cases
Air Force instructor at Lackland AFB gets 20 years in prison for rapes
Air Force instructor gets 20 years in prison for rapes
Conviction in Air Force rape case
Air Force jury sentences former instructor to 20 years in prison for rapes
Gender-based focus groups to address sex harassment at AMC
Is Accuser’s Facebook Update Riddled With Inaccuracies?
Social Media Postings Reveal Much About ‘Psychic Medium’ Who Accused AF Basic Training Instructor of Sexual Assault
Something’s Seriously Wrong When Military Justice System Sides With Psychics, Convicted Felons and Porn Queens
Clemency Letter Reveals Much About Pentagon’s Eagerness to Convict Military Men on False Sexual Assault Allegations
MSgt Michael Silva. Falsely accused and convicted of rape…serving 20 years for a crime he didn’t commit
A Complete List of the 35 Basic Military Training Instructors Court Martialed in the Lackland Air Force Base Sex Scandal
The Lackland Air Force Base Sex Scandal, Texas (2011)
Save Our Heroes Official Website
Save Our Heroes on Facebook
U.S. Air Force Court of Criminal Appeals Decision for MSgt Michael Silva (2017)
MSgt Michael Silva is Save Our Heroes very first client and the husband of Save Our Heroes co-founder Lisa Silva
Military appeals court drops sexual misconduct conviction of former Air Force drill sergeant
Lackland Rape Case Tossed on Appeal, Wrongly Convicted SNCO to Walk Free
30 Days After Appellate Ruling, Air Force Continues Wrongful Imprisonment of MSgt. Mike Silva


A widening sex scandal has rocked Lackland Air Force Base in Texas. Four male instructors are charged with having sex with trainees and in one case raping female trainees. -AP

Marine Corps Prosecutor Lt. Col. Thomas Jasper Cleared of Inappropriate Touching by Board of Inquiry at Camp Pendleton (2014)

USMC

On March 1, 2014, Marine Corps Times published Marine sex-assault prosecutor accused of touching woman inappropriately but the article has since been deleted. History of the accusation against Marine prosecutor Lt. Col. Thomas Jasper was located on the Protect Our Defenders Blog. On April 1, 2014, the Marine Corps Times published Marine Corps prosecutor cleared of inappropriate touching and this too has been deleted. History that Lt. Col. Jasper was cleared of the inappropriate touching charge was found on Topix Camp Pendleton.

The Marine Corps Times shouldn’t be deleting history especially history that includes an individual was cleared of charges and is in fact considered an innocent man. Hastily reporting that an individual has been accused of misconduct has long lasting effects. The accusation will forever stay with Lt. Col. Thomas Jasper hence the reason for this post. Lt. Col. Jasper was cleared of the inappropriate touching charges and the Marine Corps Times didn’t do him any justice when they printed the accusation or deleted the fact that he was cleared of the charges.

CAAFlog “Thinking Slowly About Sexual Assault in the Military”:

k fischer says:

Now, what I want to know is why aren’t the national or military media runing with this story?  Why were they quick to villify him and report on a mere allegation as if it were gospel?

It’s because he was the Marine sex assault prosecutor.  What better way to advance the narrative that sexual assault in the Military is out of control and an epidemic if the persons who are charged with prosecuting sexual assault are committing sexual assault???

And, if your question was not merely a rhetorical one, then how does it change your views when the issue of (1) accuser privacy in the press vs. the presumed innocent accused’s lack of privacy in the press or (2) using the term “victim” to describe a complaining witness before anyone is ever convicted, hits so close to home?  I’m sure this is the way Brandon Wright feels right now, but he’s just an Airman first class, so it’s no big deal, right?  The Military has a war to win against it’s number one enemy.  Not Al Qaeda or the North Koreans, but the enemy called sexual assault.

Related Links:
Thomas Jasper | United States Marine Corps Judge Advocate
Marine sex-assault prosecutor accused of touching woman inappropriately (Marine Corps Times)
Marine sex-assault prosecutor accused of touching woman inappropriately
Marine Corps prosecutor cleared of inappropriate touching (Marine Corps Times)
“Thinking Slow About Sexual Assault in the Military” | CAAFlog
Marine Corps prosecutor cleared of inappropriate touching
Marine Lt Col Thomas Jasper – Guantanamo Bay Military Commissions
Iraqi captive at Guantánamo gets Marine lawyer who invaded Iraq
Alleged al Qaida commander fires legal team, paralyzing Guantánamo trial

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Army Soldier Adam Winfield Tried to Report War Crimes in Afghanistan But Instead was Charged with War Crimes as Part of ‘The Kill Team’ (2010)

A Stryker unit that went off the rails in Afghanistan, allegedly murdering civilians, threatening a fellow soldier and using drugs

Spc. Adam Winfield, US Army

Learn more: The PBS Documentary ‘The Kill Team’ Nominated for an Emmy

Related Links:
Army Charge Sheets
Sworn Statements
Winfield Charge Sheet
Soldiers charged in Afghan killings
US soldiers charged with murdering civilians in Afghanistan war
Joint Base Lewis-McChord Stryker soldier faces court-martial
Father: Army Ignored Complaints Of Afghan Slayings
Fort Lewis soldier’s father: Army was warned of murder plot
Soldier’s father: Army was warned of murder plot
Facebook Chat of Accused Afghan ‘Kill Team’ Member Made Public
Young Soldier Both Revered and Reviled
Army ‘Kill Team’ Member: ‘We All Said Yes’ to Slaying Afghan Civilian
Third “kill team” defendant asks to get out of jail
Soldier pleads guilty to manslaughter in Afghan’s killing
‘Kill Team’ Soldier Gets Three Years in Prison
Soldier gets 3 years for part he played in deaths of Afghan civilians
Stryker ‘kill team’ trials left some soldiers’ families deeply in debt
The Kill Team: How U.S. Soldiers in Afghanistan Murdered Innocent Civilians
Tribeca Diary: ‘The Kill Team’
‘The Kill Team’: When Your Squad Murders Civilians, What’s a Soldier to Do?
The Kill Team | American War Crimes in Afghanistan
Dan Krauss Investigates the Kill Team
‘The Kill Team’ premieres at Tribeca Film Festival, tells the story of gory murders in Afghanistan
Negative Reviews of ‘The Kill Team’ Miss What Makes the Documentary Special. So Do the Positive Ones
‘Kill Team’: The Documentary the Army Doesn’t Want You to See
“The Kill Team”: When U.S. soldiers in Afghanistan became trophy hunters
The Kill Team is a foggy journey into the heart of darkness
Afghanistan War Movie The Kill Team Is an Absolutely Essential Documentary
Documentary ‘The Kill Team’ Captures Nightmare of War
‘The Kill Team’ provides slanted account of Maywand District murders
The Kill Team Movie: Now on PBS

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