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 Reserve Veteran Micah Johnson Murdered Five Dallas Police Officers During Black Lives Matter Protest in Texas (2016)

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Micah Johnson, US Army Reserve

Micah Johnson, a US Army Reserve veteran, is accused of gunning down and murdering five Dallas police officers during a Black Lives Matter Event on July 7, 2016. This is considered one of the deadliest attacks on police officers since September 11, 2001. He was eventually killed in a stand off with police. In recent media reports we learned that Micah Johnson deployed to Afghanistan from November 2013 to July 2014. He was accused of sexual harassment while deployed to Afghanistan in May 2014. He was accused of stalking and stealing women’s underwear as well. The victim sought a protection order and told superiors he needed mental health treatment. The protection order was granted and the Commanding officer recommended an Other Than Honorable discharge and sent him home early from his deployment to Afghanistan. Johnson’s military attorney stated that this kind of punishment is unusual for an isolated incident of sexual harassment. As part of a tentative agreement, it was recommended that Johnson receive a general discharge which saves the Army time and resources needed to discharge soldiers under Other Than Honorable conditions. Instead he was eventually released from the Army with a honorable discharge in April 2015.

As a result of his actions while serving, he was not investigated and prosecuted but instead sent back home from overseas and discharged from the US Army Reserves honorably. Although we have limited information in which to base conclusions, at first glance this looks like a case of escalation of predatory behavior that starts with sexual harassment, progresses to stalking, then the individual gets brazen and starts breaking and entering to steal his victims belongings. It would only be a matter of time before the individual escalated to sexual assault, rape and then murder. It’s too early to make a definitive conclusion as we are still waiting for information to come in because this story is developing. But one thing we do know is that the US Army Reserves took the easy way out, booted Micah Johnson from the military to protect it’s service members, and unleashed him on society with no warning or records. This case is another reason why we need the military to investigate and process each and every case through the legal system so we at least have a fighting chance at prevention and escalation of crimes. If the military can’t handle or afford to investigate and prosecute each case to determine the soldier’s danger to society, then maybe they should hand over the investigation and prosecution of crimes to the civilians. This isn’t the first case they let slip through the cracks and it certainly won’t be the last.

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Dallas cop killer Micah Johnson was BLACKLISTED by black militant group two years ago after background check branded him ‘unfit for recruitment’
The Dallas Shooter Wanted To Stay In This Anti-Semitic Black Militant Group
Dallas Shooter Faced Sexual-Harassment Allegations in Army, Military Lawyer Says
Dallas cop shooter Micah Johnson was booted from Afghanistan amid sexual harassment accusations
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Officer killed in Dallas shootings had survived 3 tours in Iraq
Dallas Police shooting: Victims served in Navy & Marine Corps, suspect had been in Army
The Dallas Shooting Suspect Had Military Experience
Dallas Shooter Accused Of Sexual Harassment In Army
Dallas gunman studied ‘shoot and move’ tactics, black nationalism
Dallas Shooter Micah Johnson Was Accused of Sexual Harassment During His Military Days
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Dallas gunman Micah Johnson honed tactics at local combat school
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Dallas sniper shooting: 5 police officers slain, suspect ID’d as Army vet Micah Johnson
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What Is PTSD? Micah Johnson Who Killed 5 Dallas Police Officers Showed Symptoms Of Disorder
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Soldier who killed 5 Dallas police officers showed PTSD symptoms, documents show
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Dallas Ambush Shooting: From Peaceful Protest to Chaos: Part 1
Dallas Officers Killed in Ambush Included a Father, Newlywed: Part 1
Dallas Police Chief David Brown Speaks at Dallas Shooting Memorial


As the funerals for the slain Dallas police officers continue, the investigation into the background and motive of Dallas shooter, Micah Johnson, continues. The US Army has opened an investigation into Johnson’s military service. Johnson reportedly spent six years in the Army Reserves and was accused of sexual harassment while serving. RT America’s Manuel Rapalo reports from Dallas, where police are also investigating claims that Johnson purchased an AK-47 off of Facebook for $600 before the shooting. -RT America

Vanity Fair Confidential on Investigation Discovery Features ‘Code of Dishonor’


There are thousands of victims. All members of the American Air Force. How far will they go to stop a covert war against women? -Vanity Fair Confidential

Vanity Fair Confidential on Investigation Discovery featured ‘Code of Dishonor’ which was an investigation of the issue of sexual assault in the military. They highlighted the US Air Force Academy sexual assault scandal back in 2003 and the more recent case of Myah Bilton-Smith, who was also a victim of sexual assault while serving in the United States Air Force. The show revealed that sexual assault can happen to anyone including officers and enlisted.

Related Links:
Code of Dishonor, Vanity Fair
Code of Dishonor Post-Script
Hidden Sexual Assault In The Military: Code Of Dishonor
Conduct Unbecoming
Former cadet talks about rape
`Expect rape,’ ex-cadet says she was warned
More Cadets Speaking Out About Assaults
Former cadets say rapes at academy ended dreams
Defense to investigate cadets’ rape allegations
Ex-Brass Deny Ignoring Victims
Demotion in air academy sex scandal / Air Force general loses one star before retirement
Ex-Superintendent of Air Force Academy Is Demoted in Wake of Rape Scandal
Air Force leadership blamed for sex scandal
Senate to hear female victims of Air Force academy sexual assaults
Interview with Beth Davis, former US Air Force Academy cadet
Air Force Sex Scandal Gets Hotter
Sexual Assault and Violence Against Women in the Military and at the Academies
C-SPAN: Sexual Misconduct in the Military (June 27, 2006)
Albuquerque Reporter Was A ‘Beautiful Girl Inside and Out’
Vanity Fair Confidential ‘Code of Dishonor’ (YouTube)

VOR America: Jennifer Norris Discusses Sexual Misconduct in the Military (2014)

Alaska National Guard Updates Military Justice Code (2016)

National GuardSexual Assault Prevention and Response Program

Alaska National Guard unit being investigated for allegations of sexual misconduct
Alaska National Guard Responds to Allegations of Sexual Assault
Alleged Alaska National Guard Sexual Assault Victim Speaks Out
National Guard Sexual Assault Survivor Speaks Out
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Scathing report on Alaska National Guard forces out commander
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Alaska National Guard recruiter fights accusations of misconduct
Alaska National Guard Sex Abuse Scandal Threatens GOP Governor’s Re-election
National Guard documents detail chronic misconduct among recruiting leaders
Alaska National Guard condoned ‘weapons smuggling, rape, and drug trafficking’
Alaska Gov. Walker names new Guard adjutant general
First woman commander of Alaska National Guard: ‘no old boys network’
It’s time for action to protect our Alaska National Guard
State releases 4,000-plus email pages in Alaska National Guard scandal
Special Investigator’s Report on Alaska National Guard Sexual Harassment and Abuse Issues
Report: Inadequate records kept of National Guard complaints
Report cites command climate problems in Alaska Guard probe
Alaska National Guard investigation results confirm mishandling of complaints
National Guard pilot’s experience as sexual assault victim singled out
Investigator calls for Alaska National Guard reform on sexual assaults
Broken Trust: How whistle-blowers and victims in the Alaska National Guard went unheard
Alaska National Guard calls for new military code
Alaska National Guard presses lawmakers to adopt new military code
Alaska House passes bill updating military justice code
In wake of National Guard scandal, House passes reforms to Alaska military justice code
Alaska House of Representatives Unanimously Approves Code of Military Justice for the Alaska National Guard
Alaska Code of Military Justice: HB 126 and the Alaska National Guard
Legislation: Alaska House Bill 60: Military: Sexual Assault
Governor Walker Applauds Adoption of Alaska Code of Military Justice
Governor to sign update to Alaska’s military justice code

Link

USAF SealFear of retaliation: The culture that prevents airmen from speaking up

They accused superiors of assault and harassment, now their careers are over.

Victims “tell me they don’t come forward for a number of reasons. They feel personally ashamed. They feel that they may be blamed for what has happened. They do fear retaliation, sometimes from chain of command, sometimes from their buddies in the unit.”

Read more: http://www.airforcetimes.com/article/20131007/NEWS/310070009/Fear-of-retaliation-The-culture-that-prevents-airmen-from-speaking-up

Why do we need the Military Justice Improvement Act?

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Retaliation

Because more than 86% of service members assaulted do NOT report it. Help us pass the MJIA. Contact your
Senators and Representatives and ask them to reform the military justice system and provide victims with a new place to report their crimes. Please sign this petition: http://www.change.org/petitions/u-s-congress-demand-justice-for-military-sexual-trauma-victims-support-s-967?utm_source=supporter_message&utm_medium=email&utm_campaign=petition_message_notice

Chuck Hagel’s sexual assault panel may be too late

Department of DefenseDefense Secretary Chuck Hagel is soliciting advice on what else he can do to stop sexual assault in the ranks by turning to a panel of experts from outside the Pentagon.

But there’s a big catch: The nine-person committee he has chartered to study the issue doesn’t plan to release any recommendations until several months after the Senate votes on the key question of whether to remove the chain of command from major criminal prosecutions.

Read more here.

Military still secretive on sex crimes

Department of DefenseFor all the public scrutiny of military sexual assault this year — from  hearings to heated Senate debates — congressional efforts are only just  beginning to challenge the Pentagon’s overarching strategy on the issue for the  past 25 years: secrecy.

From tracking the extent of the problem to showing how cases are resolved,  the military has consistently and forcefully resisted fully airing details.

Read more here.

Update on the Military Justice Improvement Act (2013)

MJIAIn January, veterans were able to address the House Armed Services Committee regarding crime and non combat death in the military. The testimony was on the heels of what was referred to in the media as the “Lackland Sex Scandal.” The veterans specifically emphasized that crime is military wide and not specific to the Air Force. The veterans also shared that most service members are not reporting because of a fear of retaliation.  Shortly after the testimony was given, Secretary of Defense Leon Panetta announced the combat exclusion policy was lifted and the media was poised to move in that direction.

Then in March, Senator Kirsten Gillibrand asked for a hearing on Military Sexual Assault with those on the personnel subcommittee to the Senate Armed Services Committee. At that time four other veterans testified and affirmed that removing the Chain of Command would have helped prevent their current situations due to the retaliation.

Senator Gillibrand announced in May that she was going to sponsor the Military Justice Improvement Act, which is a law that would restrict the Commanders from handling violent crimes of over a year or more sentence.  She introduced it to the Senate Armed Services Committee and Senator Carl Levin shut the whole thing down.  It was at this time that Senator Claire McCaskill, Senator Kelly Ayotte, Senator Jon Tester, Senator Jim Inhofe, and Senator Levin started to fight for the Department of Defense and keep everything status quo.

Right now we are trying to get support from the other Senators to force the MJIA bill back on the table.  We have both Democrats and Republicans on board and recently Conservatives like Senator Rand Paul, Senator Chuck Grassley, and Senator Ted Cruz have signed on because they understand the constitutional aspect of this dilemma.  We should not be reporting violent crimes to our boss.  We should be reporting violent crimes to a legal authority of some sort. One person, ie the Commander, should not have sole discretion over whether or not we proceed with justice.

Please contact your Senators and Representatives and ask them to sponsor legislation that mirrors that of the civilian justice system. Victims of crimes should report to police, the police should investigate the claims, the police should enter the information into the FBI national database, and then a prosecutor can make a decision as to whether one can move forward with a case in a court of law. A person’s claim needs to be corroborated in some way so that we have the evidence necessary to go to court, win, and put a criminal behind bars,