Senate Armed Services Subcommittee on Personnel: Hearings on ‘Sexual Assault in the Military’ (March 13, 2013)

Senate Armed Services Subcommittee on Personnel: Sexual Assault in the Military (Photo: C-SPAN)

Senator Gillibrand’s Opening Statement at Armed Services Subcommittee Hearing Examining Sexual Assaults in the Military

Hearing is Gillibrand’s First As Chair Of Senate Armed Services Subcommittee On Personnel – Has Been Leading The Fight To End Sexual Violence In Military

Washington, D.C. – U.S. Senator Kirsten Gillibrand released the following prepared remarks of her opening statement at today’s Senate Armed Services Subcommittee on Personnel hearing examining sexual assault in the military:

“It is an honor and privilege to Chair this hearing of the Personnel Subcommittee this morning. I want to thank the Ranking Member of this Subcommittee, Senator Lindsey Graham, for his support and working with me to move this hearing forward as quickly as possible.

“I know that all of our colleagues on the Armed Services Committee share our deep commitment to improving the quality of life of the men and women who serve in our all-volunteer force on active duty, or in the National Guard and Reserves, their families, military retirees, and Department of Defense Civilian personnel. 

“And that is why this hearing today is so important to me personally…and to thousands of servicemembers…and their families across the country.

“The issue of sexual violence in the military is not new. And it has been allowed to go on in the shadows for far too long. The scourge of sexual violence in the military should be intolerable and infuriating to us all.  Our best, brightest, and bravest join our armed forces for all the right reasons – to serve our country, protect our freedom, and keep America safe.

“The United States has the best military in the world and the overwhelmingly vast majority of our brave men and women serving in uniform do so honorably and bravely. But there is also no doubt that we have men and women in uniform who are committing acts of sexual violence and should no longer be allowed to serve.  

“Too often, women and men have found themselves in the fight of their lives not in the theater of war – but in their own ranks, among their own brothers and sisters, and ranking officers, in an environment that enables sexual assault. 

“And after an assault occurs, an estimated 19,000 sexual assaults happened in 2011 alone according to the Defense Department’s own estimates…some of these victims have to fight all over again with every ounce of their being just to have their voice heard…their assailant brought to any measure of justice… and the disability claims they deserve fulfilled. Congress would be derelict in its duty of oversight if we just shrugged our shoulders at these 19,000 sons and daughters…husbands and wives…mothers and fathers…and did nothing. We simply have to do better by them.

“When brave men and women volunteer to serve in our military they know the risks involved. But sexual assault at the hands of a fellow service member should never be one of them.  

“Because not only does sexual assault cause unconscionable harm to the victim — sexual violence is reported to be the leading cause of post-traumatic stress disorder among women veterans — but it destabilizes our military, threatens unit cohesion and national security. Beyond the enormous human costs both psychologically and physically, this crisis is costing us significant assets – making us weaker both morally and militarily.   

“Already, this Committee and the Pentagon took some first steps on this issue as part of last year’s National Defense Authorization bill that President Obama signed into law. While obviously our work is not done, I am hopeful that we can build on these initial changes which include:

Ensuring that all convicted sex offenders in the military are processed for discharge or dismissal from the Armed Forces regardless of which branch they serve in;

Reserving case-disposition authority for only high-ranking officers in sexual assault cases;

Pushing the Pentagon to lift the combat ban that prevents women from officially serving in many of the combat positions that can lead to significant promotion opportunities. By opening the door for more qualified women to excel in our military, we will have increased diversity in top leadership positions, improving response from leadership when it comes to preventing and responding to sexual violence;

And an amendment introduced by my colleague Senator Jeanne Shaheen and based on my legislation, the MARCH Act, means that troops who become pregnant as a result of an act of rape no longer have to pay out of pocket to have those pregnancies terminated. 

“Concerning our first panel of witnesses, I want to salute each of you for your courage today in telling your very painful and personal stories. It is my hope and belief that by committing this selfless act you are encouraging others to step forward and are also helping to prevent other crimes from going unpunished.

“We have a duty to you, and the thousands of victims you represent, to examine whether the military justice system is the most effective and fairest system it can be.  

“Despite some very dedicated JAG officers, I do not believe the current system adequately meets that standard.  The statistics on prosecution rates for sexual assaults in the military are devastating.  Of the 2,439 unrestricted reports filed in 2011 for sexual violence cases – only 240 proceeded to trial. Nearly 70 percent of these reports were for rape, aggravated sexual assault or non-consensual sodomy.

“A system where less than 1 out of 10 reported perpetrators are held accountable for their alleged crimes is not a system that is working. And that is just reported crimes. The Defense Department itself puts the real number closer to 19,000! A system where in reality less than 2 out of 100 alleged perpetrators are faced with any trial at all is clearly inadequate and unacceptable.

“My view is that emphasizing institutional accountability and the prosecution of cases is needed to create a real deterrent of criminal behavior. The system needs to encourage victims that coming forward and participating in their perpetrator’s prosecution is not detrimental to their safety or future, and will result in justice being done.  Because currently, according to the DOD, 47 percent of service members are too afraid to report their assaults, because of fear of retaliation, harm or punishment. Too many victims do not feel that justice is likely or even possible.

“We need to take a close look at our military justice system, and we need to be asking the hard questions, with all options on the table, including moving this issue outside of the chain of command, so we can get closer to a true zero tolerance reality in the Armed Forces. The case we have all read about at Aviano Air Base is shocking, and the outcome should compel all of us to take the necessary action to ensure that justice is swift and certain, not rare and fleeting.   

“I had the opportunityto press Secretary Hagel on the issue of sexual violence in the military during his confirmation hearing. Secretary Hagel responded by saying, ‘I agree it is not good enough just to say zero tolerance. The whole chain of command needs to be accountable for this.’

“I could not agree more. I was very pleased with the Secretary’s public statement earlier this week that he is open to considering changes to the military justice system as well as legislation to ‘ensure the effectiveness of our responses to the crime of sexual assault.’

“It is with this spirit as our guide that I look forward to hearing from our witnesses.

“After Ranking Member Graham makes his opening remarks, we will hear testimony from my colleague from California, Senator Barbara Boxer who has been a leading voice on this issue. In last year’s Defense bill she successfully included an amendment that prohibits any individual who is convicted of a felony sexual assault from being issued a waiver to join the military.

“We will then have the following witnesses who have either been the victims of sexual assault while serving in the military, or are very knowledgeable advocates for addressing the issue of sexual assaults in the military:

Anu Bhagwati is Executive Director and Co-Founder of the Service Women’s Action Network. Anu is a former Captain and Company Commander, she served as a Marine officer from 1999 to 2004. While serving, Anu faced discrimination and harassment as a woman in the military, and has borne direct witness to the military’s handling of sexual violence.

BriGette McCoy, former Specialist in the U.S. Army. BriGette served in the U.S. Army from 1987 to 1991. She was just eighteen years old when she signed up to serve her country in the first Gulf War. While stationed in Germany from 1988 to 1991, she was sexually assaulted by a non-commanding officer. 

Rebekah Havrilla, former Sergeant in the U.S. Army. Rebekah served in the U.S. Army from 2004 to 2008. She was the only female member of a bomb squad in eastern Afghanistan and was attacked by a colleague at Salerno Forward Operating Base near the Pakistani border during her last week in the country in 2007.

Brian Lewis, former Petty Officer Third Class, US. Navy. Brian enlisted in the U.S. Navy in June of 1997. During his tour aboard USS Frank Cable (AS-40), he was raped by a superior non-commissioned officer and forced to go back out to sea after the assault. 

“I encourage you to express your views candidly and to tell us what is working and what is not working.  Help us to understand what we can do to address this unacceptable problem of sexual assaults in the military. 

“Later this afternoon at 2:00 p.m., we will have a third panel of witnesses from the Department of Defense, and the military services, including the Coast Guard. I want to acknowledge that many of those witnesses are here this morning to listen to the critically important testimony from our first and second panels and I would like to thank them for their participation.”

Sexual Assault in the Military Senate Hearing:

Senator Gillibrand’s opening statement at the SASC Committee Hearing on Sexual Assault in the Military (March 13, 2013)
Survivors Share Sexual Assault Experiences in the Military (March 13, 2013)

Related Links:
Sexual Assault in the Military, Part 1 (C-SPAN)
Sexual Assault in the Military, Part 2 (C-SPAN)
Senator Gillibrand’s Opening Statement at Armed Services Subcommittee Hearing Examining Sexual Assaults in the Military
Gillibrand Opening Statement at SASC Hearing on Military Sexual Assault
Survivors Share Sexual Assault Experiences in the Military [Video]
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Defense Department Rescinds Direct Combat Exclusion Rule; Services to Expand Integration of Women into Previously Restricted Occupations and Units (January 24, 2013)
CBS News: Sexual assault victim, “The system is rigged” (May 16, 2013)
Stars and Stripes: ‘White House, Congress bear down on military sexual assault’ (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)

SOTT: PTSD is an epidemic for military vets and their families (2013)


Is PTSD Contagious? -Mother Jones

“Brannan Vines has never been to war. But she’s got a warrior’s skills: hyperawareness, hypervigilance, adrenaline-sharp quick-scanning for danger, for triggers. Super stimuli-sensitive. Skills on the battlefield, crazy-person behavior in a drug store, where she was recently standing behind a sweet old lady counting out change when she suddenly became so furious her ears literally started ringing. Being too cognizant of every sound – every coin dropping an echo – she explodes inwardly, fury flash-incinerating any normal tolerance for a fellow patron with a couple of dollars in quarters and dimes. Her nose starts running she’s so pissed, and there she is standing in a CVS, snotty and deaf with rage, like some kind of maniac, because a tiny elderly woman needs an extra minute to pay for her dish soap or whatever.”

Learn more from SOTT here.

Related Links:
Is PTSD Contagious?

Ice Cold Killers Premiered ‘Frozen Carnage’ on Investigation Discovery: Army Veteran Michael Silka Went on Killing Spree in Alaska (January 8, 2013)

Manley Hot Springs, Alaska is a remote mountain hide-a-way known for simplicity and solitude. But, that innocent existence is shattered when a newcomer goes on rampage and guns down residents one by one, ultimately taking out one tenth of the town. -Frozen Carnage, Ice Cold Killers (S1,E5)

This week we focus on a heinous & horrific crime as well as the killing spree committed by a wandering “mountain man”. Get ready for scary mysteries Twisted Two’s. -Michael Silka, Scary Mysteries Podcast (July 4, 2018)

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.

Related Links:
Frozen Carnage | Ice Cold Killers | Investigation Discovery (S1,E5)
Frozen Carnage | Ice Cold Killers | Investigation Discovery (website)
Frozen Carnage | Ice Cold Killers | Investigation Discovery (Amazon)
Twisted 2s #33 Damon & Devon Routier & Michael Silka | Scary Mysteries Podcast
Book: Murder at 40 Below: True Crime Stories from Alaska by Tom Brennan
Army Veteran Michael Silka Died After a Stand Off with Police; Silka Murdered Eight Manley Hot Springs Residents & Trooper Troy L. Duncan (May 19, 1984)
Ice Cold Killers: Five Military & Veteran Homicide Cases Featured on Investigation Discovery

Ice Cold Killers Premiered ‘North Pole Slay Ride’ on ID: Five Victims Found Murdered Near Eielson Air Force Base in Alaska (January 1, 2013)

The tiny town of North Pole, Alaska is a quiet, safe haven best known for Santa Claus. But when the bodies of young women begin turning up one by one, investigators slowly piece together the clues and discover the unlikeliest of killers. -North Pole Slay Ride, Ice Cold Killers (S1,E4)

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.

Related Links:
North Pole Slay Ride | Ice Cold Killers | Investigation Discovery (S1,E4)
North Pole Slay Ride | Ice Cold Killers | Investigation Discovery (website)
North Pole Slay Ride | Ice Cold Killers | Investigation Discovery (Amazon)
Air Force TSgt Thomas Richard Bunday Died By Suicide in Texas on Day of Arrest; Bunday Confessed to 5 Murders Near Eielson Air Force Base, Alaska from 1979-1981 (March 15, 1983)
Ice Cold Killers: Five Military & Veteran Homicide Cases Featured on Investigation Discovery

Homicide Hunter Premiered ‘Mr. Violence’ on ID: Ex-Marine Kicked Out for Violence Commits Murder in Colorado Springs (December 11, 2012)

29-year-old Chris Devoy is shot in cold blood outside a neighborhood bar. Faced with a trio of suspects, Kenda trusts his gut and makes a controversial decision. The case hits a dead end, but Kenda gets an unexpected tip that proves his instincts right. -Mr. Violence, Homicide Hunter (S2,E10)

Christopher Devoy Find A Grave
Christopher Devoy (Photo: Find A Grave)

In a random act of violence, ex-Marine James Shackelford decided to steal a Mitsubishi Eclipse outside a bar and ended up fatally shooting the driver of the car Christopher Devoy on May 31, 1996 in Colorado Springs, Colorado. James Shackelford was kicked out of the Marine Corps for punching a sergeant in the mouth. He turned to a life of crime robbing banks, stealing cars, and then eventually murder in the course of a robbery. Ultimately three individuals were held responsible for the murder of Christopher Devoy. James Shackelford was arrested for first degree murder. Jeffrey K. and Jeremy Kirby were convicted of murder and their combined sentences totaled more than fifty years behind bars. The ring leader of the murder got off with the lightest sentence. James Shackelford got sixteen years in prison. Shackelford never even got convicted of murder.

Source: Mr. Violence, Homicide Hunter, Investigation Discovery

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.

Related Links:
Christopher Paul Devoy | Find A Grave
Homicide Hunter: Lt. Joe Kenda (Season 2), Mr. Violence (Preview)
Mr. Violence | Homicide Hunter | Investigation Discovery (S2,E10)
Mr. Violence | Homicide Hunter | Investigation Discovery (website)
Mr. Violence | Homicide Hunter | Investigation Discovery (Amazon)
Mr. Violence | Homicide Hunter | Investigation Discovery (Hulu)
The BEST Episodes of Homicide Hunter: Lt. Joe Kenda
Homicide Hunter: 10 Active Duty Military and Veteran Murder Cases Featured on Investigation Discovery

Deadly Women Premiered Mommy’s Little Helpers on ID: Hilma Marie Witte Manipulated Children to Kill Family Members (November 24, 2012)

Preview: Growing up, Eric Witte’s father taught him to protect his family. But when his father became increasingly violent, Eric realised that his father was the evil his family needed protection from. -She Made Me Do It, Evil Lives Here (S2, E2)

As a boy, Eric Witte’s father taught him to protect his family. But as his father grows increasingly violent, Eric realizes that he is the evil his family needs protection from. -She Made Me Do It, Evil Lives Here (S2, E2)

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.

Related Links:
Mommy’s Little Helpers | Deadly Women | Investigation Discovery (S6, E15)
Mommy’s Little Helpers | Deadly Women | Investigation Discovery (website)
Mommy’s Little Helpers | Deadly Women | Investigation Discovery (Amazon)
Mommy’s Little Helpers | Deadly Women | Investigation Discovery (Hulu)
Eric Witte | Evil Lives Here | Investigation Discovery UK (Preview)
She Made Me Do It | Evil Lives Here | Investigation Discovery (S2, E2)
She Made Me Do It | Evil Lives Here | Investigation Discovery (website)
She Made Me Do It | Evil Lives Here | Investigation Discovery (Amazon)
Eric Witte Manipulated by Mother Hilma Witte to Murder Abusive Father at Age 15; Joined Navy to Prevent Grandmother from Dying (September 1, 1981)
Evil Lives Here Premiered ‘She Made Me Do It’ on Investigation Discovery: Eric Witte Kills Abusive Father for Mother Hilma Witte (January 9, 2017)
Deadly Women: 30 Military and Veteran Homicide Cases Featured on Investigation Discovery

Georgia Army National Guard Spc. Miranda Nichols Murdered in Apparent Domestic Dispute; Army Spc. Samuel Tellu Died by Suicide (November 24, 2012)

Miranda Nichols National Guard
Spc. Miranda Nichols, Georgia Army National Guard

Georgia Army National Guard Spc. Miranda Nichols, 28, was shot and killed outside of her mother’s home in Vidalia, Georgia two days after Thanksgiving on November 24, 2012. It is believed that her boyfriend of six months Army Spc. Samuel Tellu shot Miranda in an apparent domestic dispute. After Tellu shot Miranda, he jumped in his vehicle and took off. Tellu was later found in his vehicle with a fatal gunshot wound to his head. Tellu was assigned to the 3rd Combat Aviation Brigade, 3rd ID, as a petroleum specialist. Nichols served in the 3rd ID and the Georgia Army National Guard. They had both deployed overseas. The Fort Stewart Criminal Investigation Division (CID) informed the public they were assisting local authorities with the apparent murder-suicide investigation.

Related Links:
3rd ID veteran killed in domestic dispute, suspect also dead
2 soldiers dead in Ga. domestic dispute
Apparent murder-suicide claims soldier, vet
Shelter counselor: Abuse victims are not alone
History: The Military And Domestic Abuse (January 28, 2009)
Rep. Mike Turner Says New Military Legislation Closes a Loophole & Includes Domestic Violence Victims in the Expedited Transfer Policy Law (May 1, 2018)
House Armed Services Subcommittee on Military Personnel: Hearings on Domestic Violence in the Military (September 18, 2019)
30 Domestic Abuse Cases in the Military That Ended in the Murder of Female Partners

Air Force Major Melissa Birtzer Found Dead at Eglin Air Force Base Range in Florida; No Foul Play Suspected (November 20, 2012)

Melissa Birtzer
Major Melissa Birtzer, U.S. Air Force

Air Force Major Melissa Birtzer, 42, went missing from the Fort Walton Beach area in Florida on November 17, 2012. A few days later on Nov 20th, Major Birtzer was found dead at the Eglin Air Force Base range. The Air Force reported that the case was under investigation and then updated the public with the announcement that there was no foul play suspected. The official cause of death is unknown but was not ruled a homicide. Co-workers shared she may have been ‘depressed’ prior to her disappearance. Major Birtzer served honorably for 18 years first as an enlisted Intelligence Specialist and then as a Nurse. She also completed two tours in Afghanistan. Melissa is survived by a spouse and two children.

Related Links:
Melissa Birtzer Obituary
Tribute for Melissa Ann Birtzer
Missing Hurlburt Major Found Dead
Body of missing woman found; no foul play suspected
Melissa Ann Birtzer Discovered Three Days After Disappearance from Fort Walton Beach Home

Army Veteran Patricia MacCallum Murdered Husband Christopher for the Children, Social Security Benefits, and Life Insurance; Sentenced to Fifty Years in Oregon Prison (2012)

Chris-2
Christopher MacCallum (2012)

Christopher MacCallum was discovered dead at the bottom of a cliff in Oregon on November 20, 2012. Christopher was reported missing by his wife Patricia and her step-sister after disappearing while they were camping at the Applegate River campsite. Investigators could find no one who had motive to harm Christopher so they started digging into his relationship with Patricia. Christopher and Patricia met in 2008. Patricia joined the Army in January 2011 and five months later in December 2011, she was medically discharged. She moved back to Oregon with the children and left Christopher behind; he was waiting until the lease on their San Antonio, Texas apartment was up. It turns out they separated and reconciled a couple times throughout the course of their relationship. Christopher moved back in with Patricia again in September 2012 and she immediately began plotting his murder with her step-sister. Christopher was dead the next month. From all accounts, Christopher was a good man who loved his children and simply wanted to be with them.

Eventually Patricia MacCallum admitted to shooting Christopher multiple times while he lay asleep in his tent. Patricia’s step-sister Amber Lubbers admitted to assisting with the cover-up of the crime. Together they dumped his body off a cliff and told police that he had gone missing. Prosecutors revealed that the motive for the crime was the custody of the children, social security benefits, and life insurance. Patricia admitted to intentionally getting her husband drunk so that once he passed out, she could kill him when he was most defenseless. Christopher’s father Mike MacCallum shared that he believes that Christopher wanted to save the marriage to prevent the kids from going through a divorce and this desire turned out to be a fatal error. Patricia MacCallum was found guilty and sentenced to 50 years in prison. Amber Lubbers was charged as an accessory after the fact, found guilty, and sentenced to 16 months in prison. She served about half her sentence and was released early because of good behavior.

Related Links:
Obituary: Michael Christopher MacCallum
MacCallum’s Mother Speaks Out; Donations Accepted for Children
Oregon woman to be tried for husband’s murder
Prosecution: MacCallum did it for ‘money, kids and insurance’
Medford woman guilty of murder
Jury finds MacCallum guilty of murdering her husband
The Trial of Patricia MacCallum Convicted of Murdering her Husband, Michael Christopher MacCallum
Woman admits helping cover up murder
Woman sentenced as accomplice in camping trip killing of Medford man
Accomplice in Siskiyou County murder is freed early
Patricia MacCallum, Christopher MacCallum: ‘Snapped’ Spotlights Applegate Creek Campsite Murder of Oregon Husband Found Dead at Bottom of Cliff
Life Insurance Fraud is a Common Motive for Murder in the Military


Sheriffs show up to a campsite where Patricia MacCallum’s husband went missing. -Oxygen Media