James Fields Jr. Sentenced to Life in Prison Plus 419 Years & $480,000 in Fines for the Charlottesville, Virginia Car Attack Resulting in the Death of Heather Heyer (July 15, 2019)

Posted on July 15, 2019 by Administrator

Heather Heyer (photo WBUR)

James Fields Jr.

James Fields Jr., 20, from Ohio, was charged with second-degree murder after killing Heather Heyer, 32, and critically injuring several others when he drove his vehicle into a crowd of protestors in Charlottesville, Virginia. The protestors that he harmed were counter protesting a “white nationalist” protest. According to police records, Fields was previously accused of beating his mother and threatening her with a knife. James Fields Jr. served in the active duty Army for about four months from August to December 2015. He was discharged after failing out of basic training at Fort Benning in Georgia. Fields was denied bail. On June 28, 2019, a federal judge sentenced James Fields Jr. to life in prison for 29 hate crimes. On July 15, 2019, Fields Jr. was sentenced to life in prison plus 419 years and $480,000 in fines by the State of Virginia for the Charlottesville car attack.

In the News:

James Alex Fields Jr. is behind bars after he allegedly plowed his car into a crowd of people protesting against a white nationalist rally in Virginia. -ABC News (August 13, 2017)

James Fields, the white nationalist who killed Heather Heyer by ramming his car into a crowd of protesters at the 2017 Unite the Right rally in Charlottesville, Virginia has been sentenced to life in prison. -NowThis News (June 28, 2019)

An avowed white supremacist who plowed his car into a crowd of counterprotesters, killing a young woman, apologized to his victims Friday before being sentenced to life in prison on hate crime charges. -Bloomberg TicToc (June 28, 2019)

The man who deliberately drove through a crowd of people in Charlottesville, Virginia, has received another life sentence. Dozens were wounded and one person was killed. -CBS News (July 15, 2019)

Unsolved Homicide: Fort Hood Army Pvt. Justin Lewis Shot & Killed Near Vacant Lot in Killeen, Texas Neighborhood (April 17, 2017)

Posted on April 17, 2017 by Administrator

Pvt. Justin Lewis, US Army

Fort Hood Army soldier Pvt. Justin Lewis, 19, was shot and killed near a vacant lot in a neighborhood outside the post in Killeen, Texas on April 17, 2017. Justin was pronounced dead on April 18, 2017 by the coroner. Pvt. Lewis’ home of record is listed as Henderson, North Carolina and he entered active-duty service in August 2016. Pvt. Lewis was a cavalry scout assigned to 3rd Cavalry Regiment in Fort Hood, Texas. The circumstances surrounding the unsolved homicide are under investigation by the Killeen Police Department in Killeen, Texas. The point of contact for the investigation is Ofelia Miramontez, Public Information Officer, Killeen Police Department. Miramontez’s phone number is (254) 501-8941/8807 and her email is omiramontez@killeentexas.gov. Eight months later, the Killeen Police Department does not have any updates in the case according to Killeen Police spokeswoman Ofelia Miramontez. Justin’s Army buddy, Logan Duty, told the TDT news: “[Justin] was just gunned down in the middle of the night, and no one’s able to find out why. If I was there, and I was one of the detectives, I wouldn’t rest until I figured out why. … (Lewis) wanted to help others, willing to lay his life down defending someone. I haven’t met anyone who was dedicated to serving like him.”

“Pvt. Justin Lewis’ uncle, Jerry Lewis, said when you have a loved one go into the military, you deal with the fact you may lose them on the battlefield. They never imagined they would lose 19-year-old Justin on American soil, near a vacant lot in Killeen, Texas.” –11 ABC News

Massachusetts School of Law Interviews Veteran Jennifer Norris About Violent Crime in the Military & Post Traumatic Stress Disorder

Posted on February 25, 2017 by Administrator

Massachusetts School of Law explored violent crime in the military with Jennifer Norris, Military Justice for All, and the impact it has on civilians too. Jennifer talked about her experiences with four different perpetrators within the first two years of her enlisted career, the reporting & adjudication process, and the retaliation that ensued and eventually ended a fifteen year career. Also discussed was the jurisdictional hurdles that arise with a transient population like the military. For example, Jennifer was not able to press charges against one perpetrator because he moved out of state after learning he was getting reported. Another perpetrator was active duty Air Force at Keesler Air Force Base, therefore a state National Guard commander did not have jurisdiction of a federal employee. And finally, although Jennifer was able to move forward with two other cases involving high ranking National Guard members with over eighteen years of service, unlike the civilian world, after the cases were adjudicated, they retired with full military retirement benefits and no public records.

Jennifer also shared that although the Department of Defense downplays violent crime in the military and sexual assault appears to be closely monitored by some female members of Congress, everything is not under control. The crime appears to be escalating. The military doesn’t just have a sexual assault issue, they have a domestic violence and homicide issue as well. They also have a pattern of ruling soldier’s deaths both stateside and overseas as suicides, training accidents, and illness despite families strongly protesting and evidence revealing otherwise. Domestic violence is more likely to lead to homicide and unfortunately the two issues have not been given the attention they deserve because until you do the research yourself and see how many families and communities have been impacted by the crimes, suspicious death, and homicide of a soldier or civilian, you wouldn’t know because Congress and the main stream media do not give it the attention it deserves. Homicide and independent investigations of all suspicious deaths should be given the highest priority not only because people have lost their lives and families deserve answers but because someone needs to be held accountable. We must prevent others from becoming victims of these crimes too.

Jennifer discussed the lasting impacts the crimes and retaliation had on her. Jennifer was empowered after doing all that she could do to protect others from getting harmed by the same people, but her squadron did not see it the same way. After the cases were adjudicated, Jennifer faced hostility from a couple of the perpetrator’s friends and her Chain of Command once she returned back to work. She eventually had to transfer to another squadron. It was the professional and personal retaliation that made her start feeling more intense feelings of anxiety, depression, and even suicidal thoughts. And unfortunately her next squadron wasn’t any more welcoming then the last. She was told shortly after arriving that ‘no female makes it in the satellite communications work center’ and that she was experiencing hostility from her new Chain of Command because the old squadron called and informed them she was a ‘troublemaker.’ The retaliation had a direct impact on her mental health and cemented an already traumatizing experience with further abuse, indifference, and judgement. By the time she got to her third squadron (almost ten years after the first attack), she learned that the Department of Veterans Affairs treated Post Traumatic Stress resulting from military sexual trauma.

After Jennifer informed her third squadron that she was getting help for the PTS at the Department of Veterans Affairs, she was immediately red flagged and asked to leave the squadron until she could produce a note from her doctor giving her permission to be at work. She did this and jumped through the other hoops asked of her in an attempt to save her career but lost confidentiality in the process. Jennifer walked away from her career in the end because she refused to release her VA records for a security clearance investigation. The entire experience not only opened her up to judgement again (simply because she asked for some counseling due to what someone else did) but she had to prove that she was ‘fit for duty’ while the perpetrators were enjoying full military retirement benefits. Jennifer chose a second chance at a civilian career when she refused to release her confidential VA records for her security clearance investigation because she wanted to ensure a future free of a tainted security clearance. It makes zero sense that someone who is a victim of crime be negatively impacted by the crimes of others in yet another way. The hypocrisy of the system is truly revealed when you look at how the perpetrators were let off the hook but the victim of crime loses their military career because they had the strength to first report and then eventually ask for help.

People Magazine Investigates Premiered ‘Jeffrey MacDonald: The Accused’ on ID; Who Murdered the MacDonald Family? (January 9, 2017)

Posted on January 9, 2017 by Administrator

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. -Jeffrey MacDonald: The Accused, People Magazine Investigates (S1,E11)

Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.

Top Ten Problems with the National Guard Recruiting Assistance Program (G-RAP) Investigations

Posted on December 15, 2016 by Administrator

Guest post submitted by:

Doug O’Connell
O’Connell & Associates, PLLC Doug@DougOConnell.com

Attorney Doug O’Connell has represented former Recruiting Assistants for the past two years in both criminal and civil matters. A former state and federal prosecutor, Doug is also a Special Forces Colonel in the Texas Army National Guard. In addition to his own practice, Doug is Of Counsel to Fluet, Huber + Hoang law firm.

The G-RAP accusations and investigations have now lingered for over five years. At least 90,430 (1) National Guard Soldiers (88% of all G-RAP participants) have been subjected to investigations as part of a massive dragnet to recover bonuses (2). 125 Soldiers have been prosecuted in Federal or State Courts; at least 2633 Soldiers remain under investigation (3). While a handful of unscrupulous participants took advantage of the ever-changing rules of this contractor-run program, those cases were adjudicated years ago. What the Army CID is now doing is nothing more than pursuing anyone whose G-RAP tenure spanned the years with the most rules’ changes in an effort to prove up the Army’s exaggerated fraud estimate.

It’s hard to pick the Top 10 issues with G-RAP. The items below represent issues apparent in almost every case. This list omits, but hardly overlooks, such things as inappropriate command pressure to participate in G-RAP, forcing accused Soldiers to undergo DNA collection (4), active surveillance of National Guard Soldiers by Army CID (5), coercion to make reimbursements to the Army (6) in lieu of punishment and other notable violations of Soldier’s rights.

1 Letter to Representative Mike Coffman from Daniel M. Quinn, Chief of Staff, USACIC.
2 The U.S. Army and U.S. Department of Justice consistently refers to G-RAP payments as bonuses in sworn testimony, official documents and court filings. The payments were paid by a contractor directly to the Soldier and IRS form 1099 was issued to every participant. Payments were not processed by DFAS and did not appear on a LES. Finally, Congress did not authorize a bonus related to this program. Nevertheless, Government officials consistently refer to G-RAP payments as bonuses, perhaps wishing it were true so that legal recoupment would be possible.
3 Per letter to Rep Coffman.
4 Collected by a cheek swab without a warrant in violation of the 4th Amendment.
5 Related to an allegation of fraud which if true occurred years prior.
6 Possibly an illegal augmentation of appropriations in violation of the Miscellaneous Receipts statute, 31 USC §3302.

1. GUILT BY ALGORITHM.

Auditors, instead of seasoned law enforcement professionals, launched the G-RAP investigations. Rather than using any type of proper legal standard like probable cause, the Army Audit Agency assembled lists of Soldiers branded “high risk” by the auditors. The definition for “High Risk” was listed as “an inability to follow the rules.” Because the rules changed 60 times in seven years, almost everyone who successfully participated in G-RAP became a target. Soldiers connected to the “high risk” Soldiers were in turn investigated. This self-perpetuating, system of guilt by association crushes any notion of justice and the rule of law. Years later, many of these Soldiers still are under the cloud of a CID investigation and are being forced to defend (at great financial and emotional cost) their names and careers.

2. COMPULSORY INTERROGATIONS.

Federal CID agents lack any authority to compel National Guard Soldiers (or veterans) to submit to interrogations. Unfortunately, neither CID nor most Guard Soldiers and veterans understand that they cannot be forced to appear or answer questions from Army-dispatched agents. CID agents repeatedly violate this bright line legal standard. Worse yet, some Guard Commanders aren’t sufficiently knowledgeable about the law to protect their Soldiers. Once confronted with apparent military authority, many individuals, honestly believing they did nothing wrong, provide answers, later cherry picked and twisted to supposedly show guilt. The unfortunate individual is left having to prove he or she didn’t say something or that the statement was taken out of context.

3. INVESTIGATORS WITH A PERSONAL FINANCIAL INCENTIVE.

The CID Investigators pursuing G-RAP allegations include Army Reserve CID Agents voluntarily on active duty orders. At a minimum, the perception exists that the Reserve Agents have a financial incentive to perpetuate the investigations. The longer the investigations continue, the longer these agents remain employed. Further compounding this problem is the very logical assumption that few agents would volunteer for active duty if it meant a pay cut from their civilian employment.

4. VIOLATIONS OF THE POSSE COMITATUS ACT.

National Guard Soldiers not mobilized into federal service, are like any other civilian citizen under the law. The Posse Comitatus Act prohibits federal military personnel from investigating and enforcing the law. Yet, that is exactly what is happening. The PCA is a federal criminal offense punishable by a term in prison. In the G-RAP investigations, federal military agents are investigating allegations of criminal violations by Guard Soldiers, who are the same as civilians under the law (7). This is a clear violation of the PCA. Unfortunately, this flawed law requires the same prosecutors who are prosecuting Soldiers to levy charges against the same agents investigating the cases they prosecute.

7 See Perprich vs. Department of Defense, 496 U.S. 334 (1990).

5. TRAMPLING THE STATUTE OF LIMITATIONS.

In our system of justice, a statue of limitations exists to limit the Government’s ability to bring charges so remote that the defendant can’t reasonably mount an effective defense. In G-RAP cases, the Government is circumventing the statue of limitations with a World War II era tolling statute. Most applicable criminal offenses have a 5 year statute of limitations. Since G-RAP ended in 2012 the statute of limitations has long expired in most cases. However, in G-RAP investigations and prosecutions the Government is relying on the Wartime Suspension of Limitations Act (8) to continue to bring criminal cases. First enacted in 1948, the WSLA is designed to protect the Country from fraud during times of war. This law likely made sense during World War II, the Korea and Vietnam conflicts. However, the nature of warfare has changed. The current war against terrorism and global extremist groups will continue indefinitely. Relying on the outdated WSLA during today’s conflicts effectively terminates the deeply rooted equitable concept of a statue of limitations.

8 18 USC §3287

6. SPENDING $40 MILLION -TO COLLECT $3 MILLION.

Our Government has spent at least an estimated $40 million dollars (9) to investigate Soldiers. The ensuing recoupment actions and prosecutions have recovered, at most $3 million dollars (10). Army CID agents have repeatedly conducted full field investigations to determine if a Soldier’s single $2,000.00 bonus was righteous (11). In an era of constrained defense spending with persistent and emerging global terrorist threats, this massive boondoggle sets a new record for fraud, waste and abuse. The CID agents’ limited time and resources would be much better spent working to prevent the next Fort Hood terrorist attack.

9 This is a conservative estimate which includes the personnel cost associated with bringing the USAR agents onto duty status.
10 This figure is also an estimate based on all federal cases reported in the Pacer.gov system and media reports from around the country.
11 At least one National Guard officer is currently under indictment for a single G-RAP recruitment.

7. INACCURATE TESTIMONY TO CONGRESS & POLITICAL PRESSURE

The entire G-RAP controversy is based on inaccurate and irresponsible testimony to Congress. During Senate hearings chaired by Senator Claire McCaskill (12), Army General Officers testified that the total G-RAP fraud could be as high as $99 million (13). This estimate was wildly inaccurate (14). To date, the Government has only collected $3 million in fraudulent payments. Senator McCaskill immediately branded these Soldiers as criminals despite their Constitutional right to be presumed innocent (15). Many have speculated that the hearings and estimates of widespread fraud were designed to embarrass the National Guard during budget battles. Others suggest that it was an attempt to appease this powerful member of the Senate Armed Services Committee and self styled “accountability advocate.” Still others contend that the hearings were an attempt to shift focus from sexual assaults in the military. Whatever the reason, the McCaskill hearing set off a chain of events abrogating the presumption of innocence justice toward service members and veterans.

12 United States Senate Hearing: Fraud and Abuse in Army Recruiting Contracts, February 4, 2014.
13 Id.
14 It appears that this testimony has never been revised, amended or updated to correct the record.
15 Id.

8. AT LEAST 60 CHANGES TO THE “RULES.”

In the eyes of CID, violations of the program “rules,” indicates intentional fraud worthy of criminal investigation. However, the G-RAP “rules” changed at least 60 times during the life of the program (16). Understanding the “rules” of G-RAP at any given point in time requires a detailed analysis based on a significant review of multiple documents (17). In the vast majority of cases, if the Soldier violated the “rules,” it is more likely due to confusion rather than a deliberate desire to cheat the system. With unrelenting intensity, CID doesn’t investigate an alleged crime; they gather slanted “evidence” to prove that a crime was committed. CID, in fact, has been responsible for elevating an inability to follow the rules of a program run by a private contractor to the level of a crime. One example: at various times full time members of the National Guard were authorized to participate in G-RAP, at other times they were ineligible. If a Soldier entered G-RAP when full time members were allowed, but submitted data for payment months later when full time members were not allowed, that Soldier is investigated for fraud.

16 See Agent’s Investigation Report, CID Special Agent Julie Thurlow, November 22, 2013.
17 National Guard Bureau changed the rules via a contract change order sent to Docupak.

9. “SPHERE OF INFLUENCE” AND OTHER VAGUE GUIDANCE.

Soldiers participating in G-RAP received instruction to recruit from their “sphere of influence.” This term was never defined. It’s unclear if the intent of this language was to limit recruitment to pre-existing relationships. Regardless of NGB’s intent, the Soldiers received a very different message. For example, once hired by Docupak, Soldiers were provided marketing items such as t-shirts with the message “ask me about the National Guard.” None of the marketing items provided would have been necessary to recruit people already known to the Soldier. Now, these same Soldiers are investigated and some prosecuted for recruiting outside their sphere of influence. Likewise, Soldiers were told that they “shouldn’t” wear their uniform when conducting recruiting activities. If this were truly a prohibited action worthy of investigation, the “rule” would have been written as “you are prohibited from wearing your uniform.”

10. “I DON’T REMEMBER = GUILTY.”

When CID agents track down and contact recruits many years after their enlistment into the National Guard, most don’t remember the details of their interaction with the recruiting assistant. To the CID agents, this means the RA committed misconduct. The alternative explanation is unfathomable to the agents: the recruit, 7 years later, just doesn’t remember. This is especially problematic since Government prosecutors use this lack of memory to charge the Soldier with Aggravated Identity Theft (18), a charge that carries a mandatory minimum term of prison sentence of two years.

18 18 USC § 1028A.

“EXTRA CREDIT:” CID KNEW ABOUT ALLEGED FRAUD FOR FIVE YEARS BEFORE TAKING ACTION.

On May 22, 2007, five years before G-RAP was shut down, Agents from Army CID, Air Force OSI, and Defense Criminal Investigative Service (DCIS) met with Docupak to discuss potential fraud in the program (19). A representative of the United States Department of Justice (20) was also in attendance. The agents specifically instructed Docupak not to notify the State Adjutant Generals, National Guard Bureau, or the contracting officer regarding alleged fraud. This effectively cut off any ability to clarify confusing rules and or enhance fraud prevention measures. Importantly, it also prevented Governors and Adjutants General to execute their Constitutional duty of regulating their National Guard force and apply appropriate discipline (21). Likewise, notification the responsible contracting officer at NGB would have triggered remedial action. Instead, the CID sat on this information for five years, causing a relatively minor amount of confusion to escalate into what we have now – another major bonus scandal ensnaring thousands of junior Soldiers facing accusations.

19 2014 Inspector General Report, page 40, paragraph g, and footnote 142.
20 Presumably a licensed attorney.
21 The Governor’s and TAG’s Constitutional authority to regulate and discipline Guard members included the full time recruiting force in each state, some of whom were suspected of misconduct. These Soldiers operate under the exclusive military jurisdiction of the relevant State Military Code of Justice.

CONCLUSION

Few Soldiers have the financial resources to mount a proper defense to federal criminal charges. Faced with the possibility of prison time, many take a plea bargain to avoid the risk of prison, financial ruin or deepening emotional trauma to themselves and their families. Even if the accused Soldiers are not prosecuted, the collateral consequences seem never ending. The investigation will continue to haunt them for years to come. Security clearances will be revoked or suspended, and the Government will initiate proceedings to “debar” the Soldier from future employment as a government contractor. Eventually, the case file will be forwarded to the State National Guard headquarters for military justice or administrative action. The range of administrative sanctions includes separation boards, official reprimands and being required to rebut CID’s flawed conclusions to a promotion review board. The administrative flag on their personnel file will continue until all military administrative actions are complete (22). Finally, many of these same Soldiers, never prosecuted in a court of law will have a federal criminal history created as a result of being investigated, “titled” and “founded” by CID.

22 A “flag” prevents any favorable action including re-enlisting, awards, and promotions. The flag does not prevent orders to deploy overseas (again). Flags as a result of G-RAP investigations have been in place for four or more years at this point.

Honor and Dishonor: The trials of Sgt. Brent Burke

Posted on September 11, 2007 by Administrator

H onor and Dishonor: The trials of Sgt. Brent Burke

Sergeant Brent Burke earned his stripes at Fort Campbell, Kentucky — home base for his division, the legendary 101st Airborne. Once under the command of former General David Petraeus, the soldiers of the 101st have seen more action than most soldiers in the U.S. Army. It is also where Sgt. Burke will learn if he will continue to serve in the Army, or if he will serve out his life in prison, because military prosecutors in the Army’s Judge Advocate General’s Corps, known as JAG, will court martial Sgt. Brent Burke for double homicide.

“I would say that the tough part of any case like this is the fact that it was four years old … and it was mostly circumstantial evidence and when you put all that together it certainly makes for a difficult case,” JAG prosecutor Lt. Col Matthew Calarco told “48 Hours” correspondent Richard Schlesinger. Lieutenant Colonel Matt Calarco’s mission, after four civilian trials failed to get a verdict, is to finally prove Sgt. Burke shot and killed his wife, Tracy, and her ex-husband’s mother, Karen Comer, on Sept. 11, 2007.

Fort Carson Soldier Christopher Walton Fatally Shot Outside Night Club; Leroy Davis Sentenced to 20 Years in Prison by Military Court (November 21, 1991)

Posted on November 21, 1991 by Administrator

All Hell Breaks Loose In Club Brawl Leaving A Young Solider Dead -Victim Zero, Homicide Hunter (Preview)

Lt. Joe Kenda of the Homicide Hunter series on Investigation Discovery discussed the murder of Fort Carson Army soldier Christopher Walton, 21, outside a night club in Colorado Springs, Colorado on November 21, 1991. What started out as a good night out on the town turned deadly after two rival units started a brawl at a local bar in Colorado Springs. The fight spilled outside of the bar and that’s when Christopher Walton was shot with a gun in the neck. Christopher Walton was getting ready to get out of the Army and move back to North Carolina. He was a described by his friends as a really good guy who took care of people.

As Kenda investigates the case, which is in his jurisdiction, he learns that a few months earlier a couple of soldiers got in a fight over a girl and that’s when everyone chose sides and the rival began. The rival was between the artillery unit and the maintenance unit at Fort Carson. An informant told Kenda that she thought Chris Smith may have committed the murder. Kenda pays Chris Smith a visit and in deed finds a gun similar to the gun they were looking for in his possession. It was later determined by ballistics that this gun matched the bullet recovered from Christopher Walton’s body.

Chris Smith was arrested for the murder of Christopher Walton. He never admitted to the murder and told Kenda that he had given the gun to someone else that night but would not give up the name. While Smith was in custody, the Army’s Criminal Investigation Division (CID) called Lt Joe Kenda to tell them they had a witness to the event and they thought he might have the wrong guy. The witness, Eric Walker, identified Leroy Davis as the actual shooter. Leroy was a member of the artillery unit at Fort Carson which was the rival unit to Christopher Walton’s maintenance unit.

As it turns out, Chris Smith was telling the truth. He did give the gun to someone that night outside the bar after shooting it in the air because he didn’t want it on his person. Eric Walker told Kenda that Chris Smith gave the gun to Leroy Davis who eventually returned the gun back to Smith. Chris Smith refused to implicate his Army brother, even after he was arrested and jailed. According to Walker, Christopher Walton pushed one of the artillery unit members and Leroy Davis acted on emotional impulse, pulled the gun out of his jacket, and shot Walton in the neck causing his fatal injuries.

For some unknown reason, Leroy Davis faced a court martial as opposed to a being tried by the civilian courts in Colorado Springs. Lt Joe Kenda described military discipline as a whole different game, sharing that they are “draconian and ruthless.” The military has its own internal justice system and has been at the center of a controversial debate in Congress for the past few years over the way it handles violent crimes. In this case, Davis was sentenced to twenty years at Fort Leavenworth where he will be expected to do hard, physical labor the entire time. We learned from one of the soldiers present at the scene that fifteen military members from Fort Carson got discharged as a result of their involvement in this incident.

Investigation Discovery:

A massive brawl erupts at a local bar ends with the shooting death of a young army soldier. To unravel the murder, Lt. Joe Kenda must infiltrate a revered military institution, and expose a dangerous vendetta. -Victim Zero, Homicide Hunter (S5,E9)

Army Spc. Tracy Spencer Sentenced to Life in Prison for the Rape & Murder of Veteran Micki Filmore & Nurse Barbara Kramer (December 31, 1986)

Posted on December 31, 1986 by Administrator

When 22 year-old Micki Filmore is found raped and murder in her apartment, detective Kenda focuses his investigation on her activities the previous night. Micki was seen dancing with a man who then paid a late night call to her door. -A Killer Always Rings Twice, Homicide Hunter (S1, E3)

Colorado Springs is the home of five military bases made up of about 40,000 personnel. A lot of them live off-base in local apartment units. On July 19, 1986, as Army Spc. Tracy Spencer was walking by, he noticed his neighbor Micki Filmore was laying lifeless on the floor in her apartment. He was alarmed and ran to his wife Lisa to seek help. She claims she went through the window of the apartment because of her own concern for Micki and discovered that she was in fact dead. They called the police. Lt. Joe Kenda of the Homicide Unit at the Colorado Springs Police Department was assigned to investigate the case. Kenda deduced from the observation of the crime scene that there did not appear to be any struggle, the victim’s wallet and cash were present, and she was naked with her legs open and bruising around her neck. He suspected Micki Filmore was raped and strangled in a quick and brutal attack.

Joe talked about the crimes of rape and murder for a bit. He talked about how rape is unfortunately a very common crime but he also noted that rape and murder is not that common. Lt. Kenda educated the public about the fact that rape and sexual assault is mostly a punishment of women. And in this particular case, the perpetrator surprised Micki Filmore while she was in bed. His only purpose was to rape and kill her. While Joe waited on the results of the autopsy, he tried to figure out the modus operandi of this particular offender because he would strike again. Joe wondered why it was so important for this person to get in and out of the apartment quickly. Was he a local and making sure that nobody saw and recognized him? Neighbors Lisa and Tracy Spencer reported they saw Micki the night before; she was happy, eating pizza, and nothing appeared out of the ordinary.

Joe canvassed the neighbors in the apartment complex and learned that Micki was having troubles: he heard from neighbors that her fiancé left her, she was pregnant, and broke but nobody knew who the father of the child was. One neighbor told Lt. Kenda that he went to a night club with her the night before. He claimed that while they were there, she saw someone she knew. She left the club with her neighbor around 2 a.m. but she did give a piece of paper to the friend she ran into at the club. The neighbor claimed they talked for a little bit and then went their separate ways. After lying down, the neighbor heard knocking on her door. He looked out briefly and saw the same man from the club standing there. Another neighbor said she was awoken by a loud scream and then a thumping noise around 3:45 a.m. She assumed whoever it was they were fighting. Joe still had little evidence to go on but the autopsy helps tell a story.

The autopsy revealed that Micki Filmore’s last moments were met with violence, anger, and rage. And she had engaged in sexual relations within the last twelve hours. Despite what her neighbors said, she was not pregnant and there were no drugs or alcohol in her system. Lt. Kenda learned Micki was twenty-two years old and originally from a rural community in North Carolina. She joined the Army straight out of high school, did a three year tour of duty, traveled the world, and her service ended in December 1985. She was looking forward to leaving to be with her fiancé in a few weeks. Lt. Kenda contacted the fiance and learned that he had not abandoned Micki. The fiance was finalizing a divorce so he could marry Micki and he could verify his whereabouts at the time of the murder. The fiance shared he asked his friend Frank Lynch to look out for Micki while he was gone; but now he had concerns that maybe he was involved. This gave Kenda a new lead and potentially a new suspect.

Kenda met with Frank Lynch who denied any involvement in the murder and could account for himself on the night in question. As a result, Kenda closed out Lynch and in the meantime got a phone call from DiCarlo Dowden. DiCarlo was the man at the club that Micki gave a piece of paper to and the same man suspected of showing up at her apartment the night of the murder. DiCarlo admitted that he ran into Micki at the club, they chatted, they danced, she told him she was not ‘with’ her neighbor (he was an escort), and then gave him her number. She also gave him her address which to him was an invitation so DiCarlo dropped by her apartment but no one answered the door so he left. DiCarlo noticed that a neighbor did see him after looking out their window, which also matched the neighbor’s story. DiCarlo denied any involvement in the crime and there was no probable cause to arrest him, he did volunteer to provide biological evidence for testing.

It takes several weeks for the comparative analysis testing to be completed at the labs. Joe reiterated that DiCarlo was not off the hook yet. On August 12, 1986, another body was discovered in the same apartment complex. Lt. Joe Kenda knew this was not a coincidence. The victim was twenty-four year old Barbara Kramer who was a nurse at Eisenhower Hospital in Colorado Springs. She didn’t show up to work so her sister and a friend went over to her apartment to check in on her. They discovered the newspaper outside her door, signs of a struggle in the apartment, and the friend found Barbara Kramer dead in her bedroom. The family was devastated because they were already worried about her safety after the first murder in that apartment complex but they reported that Barbara was cautious and playing it safe. Kenda was horrified by what he saw at the crime scene because he immediately knew it was the same guy.

The modus operandi of both crimes was exactly the same aside from one woman was black and one woman was white. Both were displayed with their legs open after they were murdered; both were attacked in the middle of the night between the hours of 4 and 7 a.m.; both were single females living alone; both were strangled; and both were living in the same apartment complex. Lt. Kenda was feeling an even more heightened sense of urgency because this guy was a serial killer and was not going to stop; he wanted to prevent a third victim. He also deduced that the killer probably lived in the area and he was carrying on as if nothing mattered. He questioned DiCarlo about his whereabouts and DiCarlo was cleared as a suspect because his girlfriend could alibi him. Kenda knew DiCarlo wasn’t his man because the person he was looking for killed Micki Filmore and Barbara Kramer.

Lt. Kenda knew these murders were similar offenses; they were the same crime, different targets. He wondered how many more had to die before the Colorado Springs Police Department could stop him. Kenda theorized that the perpetrator most likely stalked his victims before the attacks. He did not feel that these crimes were random and he believed that the perpetrator surveilled his victims. This offender simply waited for the right place and right time. Kenda noted that these guys are not as intelligent as one would think but they are cunning. He knew the guy made mistakes and he had to be the one to find them. After interviewing more neighbors about the night before, Kenda learned that one neighbor was awakened to screams around 6 a.m. and another neighbor saw Tracy Spencer banging on Barbara’s door with a piece of paper in his hand around 6:25 a.m. She saw the door open, Spencer enter the apartment, and then the door slam.

This new information intrigued Lt. Kenda because now Tracy Spencer not only found Micki Filmore’s body but a witness saw him knocking on Barbara Kramer’s door around the time that she died. Kenda looked into his criminal history and found only minor offenses, nothing to indicate a propensity for violence. But Kenda was going to apply for a warrant regardless and arrest Tracy Spencer based on the evidence he had. But first he wanted to talk to Tracy’s wife. Lisa was still claiming that Tracy was with her the night of the murders so Kenda told her that a witness saw him and she began to cry. Kenda did not understand why she would protect him and told her she could be arrested next. She told him she did lie and that Tracy was not with her all night. As a matter of a fact, she admitted that he left the apartment in the middle of the night often and went for walks. She claimed Tracy told her he kept finding Barbara’s mail on the ground and wanted to return it to her, despite locked mailboxes at the apartment complex.

Lisa Spencer also admitted to finding an empty envelope with Barbara’s name on it so she threw it away. She observed Tracy get angry when he couldn’t find it but she never told him she threw it away. She also confessed that she did not go through the Micki’s apartment window like she originally shared with the police; she went into the apartment to help Tracy cover up the crime. When Kenda asked her why, her response was that she loved him. Kenda learned that Tracy was on the move so he made a decision to arrest and take him to the station before he hurt someone else. Kenda got a search warrant for his apartment and found the letter he couldn’t find right in the trash where his wife said she put it. And it did in deed have Barbara Kramer’s name on it. Kenda questioned Tracy at the station and even after he was told there were witnesses, Spencer stuck to his story. Eventually he folded some and admitted to taking mail to Barbara but said he didn’t go inside her apartment.

Kenda realized Tracy Spencer was a prolific liar. He denied everything. Kenda confronted him with the semen he said matched him (which was a lie) and then Tracy admitted that he was lying to him because he was having an affair with Micki and did have consensual sex with her that night. He had an explanation for everything. The bottom line was that he was going to commit the crimes regardless of the consequences and then lie about it. That’s what they do. The lab results came back and showed that both Tracy’s blood and hair samples matched those at the crime scenes. Tracy Spencer was arrested for the first degree murders of Micki Filmore and Barbara Kramer. On December 31, 1986, Tracy Spencer was found guilty and sentenced to life in prison plus twenty-four years. He is eligible for parole in 2032. Lt. Kenda ended the show with the fact that Spencer overpowered, raped, and killed two girls he didn’t even know for no real reason. Two women paid the price for his crimes and there could have been more, and that scared him.

Source: A Killer Always Rings Twice, Homicide Hunter, Investigation Discovery

Fort Carson Army Soldier Nolly Depadua Killed Air Force Spouse Lourdes Riddle to Silence Sextortion Threats; Sentenced to 14 Years in Prison, Out in 7 (March 26, 1985)

Posted on March 26, 1985 by Administrator

ID Go: After Lourdes Riddle in found strangled to death in the trunk of her car, homicide detective Joe Kenda follows the trail through a twisting maze of military and cultural secrets. Just what was Lourdes doing behind her husband’s back? -Secret Life, Homicide Hunter (S1, E5)

Investigation Discovery featured back to back episodes of Homicide Hunter with Lt. Joe Kenda. Kenda is a retired detective from the Colorado Springs Police Department. Colorado Springs is also the home of US Army base Fort Carson and Peterson Air Force Base. As a result, Lt. Kenda worked closely with investigating authorities at both bases throughout the years when one of his murder cases involved a member of the military or their dependents. If a crime against a military member or their dependents occurred off-base within the jurisdiction of Colorado Springs, Lt. Joe Kenda had the legal authority to investigate the strangling death of an Air Force wife found in the jurisdiction of Colorado Springs.

Construction workers found an abandoned car that had been set on fire on their property on March 26, 1985. The scene looked suspicious so they contacted the police to investigate the situation. The police found Air Force spouse Lourdes Riddle strangled to death in the trunk of her own car. Lt. Joe Kenda was called to the scene to investigate the crime further and determined that whoever killed Lourdes also tried to cover up their crime. They found that an accelerant (gasoline) was used to burn the car and a brick was on the driver’s side floor of the car (as if it was used to hold down the gas pedal). As Kenda was processing the crime scene, two Air Force Office of Special Investigations (AFOSI) personnel showed up and claimed they were taking charge of the investigation. They informed Kenda they had the husband, TSgt Mark Riddle, who worked at NORAD, Cheyenne Mountain, in custody on Peterson AFB.

Kenda’s response to the Air Force Office of Special Investigations personnel was priceless and proves that he truly is a fierce detective that all law enforcement should emulate. He was not intimidated by the feds in the least bit when the crime occurred in his jurisdiction. He shared that even it was their house, how dare they walk into his crime scene. Kenda was absolutely shocked when they shared they had enlisted soldier, Mark Riddle, in their office at Peterson AFB. Their attitude was that it was obvious who did it because in most cases it was the husband or boyfriend. When in fact, Kenda was disappointed that they may have tainted the case by initiating an ‘immediate arrest’. He was afraid that this outside agency, who had no jurisdiction, had advised Mark Riddle of his rights and he would want a lawyer now. His guilt was not obvious to Kenda who did not automatically assume that the husband committed the crime. He simply wanted to talk to him, not accuse him. Kenda felt that their actions may prevent him from doing an interview which could really damage the case. Kenda admitted to making mistakes in his lifetime but he also shared that he gets really upset when someone else makes them for him. If all investigators operated like Kenda and made assumptions based on fact finding, we could better protect the due process rights of individuals.

Kenda gains access to Mark Riddle and learns that Lourdes is a 31 year old from the Philliphines who has been married to him for nine years. There was in fact trouble in paradise and Mark admitted that his wife had been spending time with and maybe even sleeping with other men. They were not happily married. He claimed he was home the night of the murder and had no alibi. Mark asked for a polygraph test to prove his innocence and passed it, then let the investigators search his home. Although adultery is a motive for murder, Kenda determined that Mark Riddle was honest, credible, and was no longer considered a suspect. This case was not a sex crime but it was a personal and angry crime as evidenced by the ligature strangulation. Kenda felt that this person wanted to punish her and wanted to feel her die. This person was deemed the “Pantyhose Strangler” in the media. After talking to Lourdes family, Kenda learned that Lourdes was threatened by more then one person. Kenda wasn’t sure if she was a target because of Mark’s work at a secret military base or if it was because of her own secret life.

The Air Force couple lived on Peterson AFB. Kenda learned that Lourdes went to night clubs that soldiers frequented. She was into the nightlife, partying, and dancing. Her neighbors reported that she was in and out of the house all the time, usually dressed up with high heels, short skirts and make-up. During Kenda’s investigation into the circumstances of Lourdes secret life, rumors began to circulate at the enlisted men’s club on Fort Carson that she was extorting Army soldiers. In the meantime because of media coverage, an eye witness came forward with a description of a suspect that was found near the scene of the crime that night. He was a black male about 6’8. Kenda asked those who frequented the enlisted club on base if she was dating anyone matching the description. He learned that she only dated Phillipino men and wouldn’t give any other guy the time of day. The rumor was that she draws soldiers in like a Venis flytrap. She specifically sought out Phillipino soldiers. She would have a relationship with them, claim that she was pregnant, and threaten to go to their military Commander if they did not give her money for an abortion.

Lt. Kenda learned of blackmail accusations involving Nolly Depadua, a Phillipino soldier stationed at Fort Carson. Nolly had a friend named Brian Hawkins, also a Fort Carson soldier, who matched the description of the suspect described near the scene of the crime the night Lourdes was murdered. Kenda spoke to Brian with the approach that the facts would give him a theory. Initially Hawkins denied any involvement but Kenda believed that he was lying based on his body language during the interview. He requested he undergo a polygraph test and Hawkins failed miserably. When confronted with the results, Hawkins begins to cry. Hawkins told Kenda that Lourdes wanted money from Nolly Depadua. She claimed she was pregnant and was going to contact the Commander if he didn’t give her money. Nolly was concerned that his family would be ashamed of him if he got kicked out of the military. Nolly strangled Lourdes with the pantyhose.

Nolly Depadua, U.S. Army

Kenda arrested Nolly and learned from him that they had sex, and she wanted $1000 for an abortion. According to Nolly, Lourdes took his Army dress uniform, used it as ransom, and threatened to burn it if he didn’t give her the money. His career and that uniform meant everything to him. The night of the murder, Nolly asked Lourdes to meet him and give him back his uniform. Lourdes showed up without the uniform. He snapped and strangled her to death in an effort to solve his extortion problems and save his career. Nolly elicits the help of Brian to help him get rid of the body. Unlike in the movies, the car did not explode in a ball of flames like the pair was expecting. The evidence at the scene of the crime was mostly unharmed. According to Kenda, both of the soldiers appeared to show remorse for the crime. Although Lourdes Riddle was a participant in her own death and her behavior caused this reaction, she did not deserve to die. Nolly Depadua made a decision to take a life and you can’t do that. Due to the circumstances surrounding the homicide, he was found guilty of second degree murder and sentenced to fourteen years in prison. He was released after seven. Lt. Kenda ended the show with: “saying she got what she deserved is not fair.”

A couple issues come to mind when it comes to the way the military handles investigations of felony crimes. Why did the Air Force Office of Special Investigations want to take jurisdiction of this case? Why did they do an ‘immediate arrest’ instead of investigating the circumstances and basing their decisions on fact finding? Why don’t they realize that their actions actually hinder the thorough investigations of cases. Research does in fact support that most spouses are murdered by their significant others but we have this thing called due process in the civilian world. The way Kenda felt about OSI interfering and possibly damaging the case was legitimate. And Kenda approached the investigation of the case in the way that detectives should move forward. He simply wanted to talk to the spouse, not accuse of him of the crime. So far there was no evidence to prove that Mark Lourdes had committed the crime. The way the Air Force OSI handled this case is part of the reason that the military justice system is under fire. They have been accused of overreach to include not affording due process rights to both victims of crime and those accused of a crime. They have been accused of railroading military members with an iron fist and as Joe Kenda would say ‘draconian and ruthless’ tactics. They have been accused of making a victim fearful of coming forward if they were involved in a military crime, like adultery or drinking underage. Nolly Depadua is yet another example of a crime involving the motive of fear when someone threatens to go to a military commander.

This is the heart of the military justice system debate. A commander hears each person’s story and determines who is guilty and who is not guilty based on that evidence alone usually. Commanders make the decision whether to prosecute someone in the military. If felony cases were handled by prosecutors who understood the modus operandi of sociopaths, psychopaths, and predators, would our soldiers feel more comfortable reporting a crime without the fear of damaging or losing their own career. It’s a theme that comes up over and over in military cases and needs to be examined. Are soldiers hesitant to report crimes perpetrated against them to their Commander if they have engaged in illegal behavior of any kind to include drinking under age and adultery? If this is the case, we must remove this barrier so that our soldiers feel safe to report felony crimes perpetrated against them without fear of losing their careers because they committed a misdemeanor.

If Nolly had a safe place to report that Lourdes was extorting him despite the adultery issue, could we have prevented this murder? We don’t want our soldiers to feel like they have nowhere to turn if they are targeted by those who know how to manipulate unsuspecting Commanders. It’s important to recognize that both male and female soldiers can be targeted by male or female sociopaths and predators. Reporting crimes to your commander is currently a battle of whose story is more believable and what they feel or don’t feel like dealing with. Commanders hold the key to moving forward with a case or not in our current military justice system. Do they have the skills necessary to investigate and determine who should be prosecuted for crimes? Commanders may not realize that they could tip people off who need to be questioned simply by prematurely inquiring into something which creates an opportunity for collusion.

In the civilian world, you most likely will not lose your career for adultery. Yet in the military, adultery is treated like any other crime in the courts martial process and soldiers can and do lose their careers. It’s not worth a life when people feel that they have to take matters into their own hands to protect what should never been taken from them to begin with. This is why the reporting of felony crimes needs to be moved away from the Commander and to a trained investigator who can help the prosecution determine whether a crime has been committed or not. Prosecutors cannot win cases if the defendants are not afforded due process rights. And this is what gives civilian law enforcement the advantage because they are forced to work within a justice system that protects the constitutional rights of the accused. We want to respect those rights in our pursuit of justice because that is how we will get justice. We should ensure our soldiers that if a felony offense is committed against them that they can safely report the crime without the fear of losing their career.

Source: ‘Secret Life’ Homicide Hunter, Investigation Discovery

MILITARY JUSTICE FOR ALL

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