Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)

“Sexual assault victims and victims’ advocates testified on the need for Congress to address prevention and handling of such cases in the military. The Senate Armed Services Subcommittee on Personnel convened the hearing and was considering various proposals, including making changes to the military justice system, to address how assault cases are prosecuted.”Sexual Assault in the Military | CSPAN.org (March 24, 2021)

Video:

Senate armed services committee holds hearing on sexual assault in the military
Senator Elizabeth Warren on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
How personal experience is guiding this military corp’s attempt to combat sexual assault
Sen. Gillibrand Pushes For Sexual Assault Reform In Military

Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:

Download Testimony here.

Chairman Gillibrand, Ranking Member Tillis, and Members of the Committee, I thank you for this opportunity.  

My name is Amy Braley Franck I have been working with victims of sexual violence since 2006.  Currently employed as Victims’ Advocate at 416th Theater Engineer Command.  

I am currently being retaliated against for reporting Command for illegally concealing and failing to report 3 violent Sexual Assaults to Law Enforcement.  

I have been on a paid suspension since 20 November 2019 the day after I emailed LTG Charles Luckey the evidence.  I emailed the same evidence to the Chief of Staff of the Army, GEN James McConville on 22 November 2019.  I also sent this evidence to the Chairman of the Joint Chiefs of Staff, GEN Mark Milley and DOD SAPRO Admiral Burkhart and Nate Galbreath.  This evidence mirrors what was documented in the Ft. Hood Report. 

Sexual assaults and violent rapes not reported to CID or Law Enforcement, there was retaliation against victims and reporters of crimes, no Case Management Group or attendance for over a year.  

I have been left in this “suspension” after protecting victims and reporting command for over 16 months completely ostracized and isolated in retaliation.   

This evidence was reported to the Office of Special Counsel and the DOD IG  

The Army’s Internal 15-6 process has impeded justice for my victims and myself.  This internal investigative process does not allow for transparency and should be abolished. 

17-year-old Private in Granite City, Illinois reserve center was raped resulting in broken bones.  She had to stand next to her assailant in formation.  The Command’s illegal 15-6 investigation was documented in a Memorandum for Record. 

For over a year no one assisted her until I was notified in June 2019 but after my suspension, that ended. 

Advocates are continually blocked by layers of Command from protecting their victims.  When Commanders ignore the advice of Advocates, we have no recourse.  There are no consequences for Commanders when they violate law.      

Documented by the number of murders and murders by suicide.  Nicole Burnham’s, Brigade Commander Col John Mountford left Nicole in the same barracks at Camp Casey with her offenders raped and later gang raped tortured for over 82 days before her Transfer was executed.  Nicole is dead. 

Staff Sgt. Morgan Robinson’s first offender is still serving in the Oklahoma Army National Guard.  Staff Sgt. Robinson’s report of 9 Special Forces Soldiers placing a covering over her head, dragging her out of a tent and gang-raping her. Never investigated.  

An outstanding Soldier committed Suicide; she was not protected.  

Lavena Johnson’s brutal murder has never been investigated. The Army still states that it was a suicide.  

16 years later the toxic culture again exposed with the murder of Vanessa Guillen.  

This is not isolated to Fort Hood, documented across all components of the Military.   

Ft. Campbell April 2020 another victim of a gang rape was arrested illegally by CID and denied counsel. 

MG Shadley retired alerted MG Donna Martin.  Nothing was done. 

Never Alone helped Soldier with Suicidal Ideations.  She is still fighting to clear her record.     

Fort Bliss, 31 December 2020 Pfc. Asia Graham was found dead. Asia’s offender is identified as an accused serial rapist.   Walking free no pre-trial confinement.  He continued to live in the same barracks on the same floor with Asia and was moved into Headquarters Company with Asia until her untimely death. 

Asia’s leadership failed to protect her after she reported her rape in February 2020 not June.  

PVT Richard Halliday is still missing from Ft. Bliss. 

When victims and victim advocates speak out about the broken process and illegal actions of commanders.  We face severe retaliation.  

All felony crimes murder, rape, sexual assault, domestic violence do not belong within the chain of Command’s control to investigate or prosecute.   

Kamisha Block’s death deemed friendly fire, she was murdered due to Domestic Abuse. 

The Abuse of Power is real. 

In Italy the Provost Marshal,LTC Michae Parsons Army Garrison filed an espionage charge in Italian Court against an Army Spouse, Michela Morellato.  Retaliation for exposing Gen Harrington resulting in his firing and demotion.  This retaliation was reported to GEN Milley and IG.  Nothing was done.    

Illegal internal 15-6 process.  Ability to redact investigations. None of us will ever know the truth or get justice.   

Just this week my own sexual assault by a 2-star general still under investigation was improperly released to be weaponized against another sexual assault advocate during an unrelated court martial. The military has no checks and balances.    

I was raised in the military and a proud mother of a Veteran.  I will not stop until our Military is a safe.  “Sexual misconduct is an abuse of power and force protection issue.  The inability of commanders to execute essential command functions of “protection” is a significant threat to the United States Military’s ability to protect this great Nation.”  Soldiers should Never be Alone.

Other Witnesses:
Ms. Amy Marsh, Military Spouse
Mr. Quinton McNair, Former SARC/SHARP Victim Advocate
Ms. Brenda S. Farrell, Director, Defense Capabilities And Management, GAO
Mr. Eugene R. Fidell, Senior Research Scholar, Yale Law School Adjunct Professor Of Law, New York University Law School
Colonel Don M. Christensen, USAF (Ret.), President, Protect Our Defenders
Colonel Lawrence J. Morris, USA Ret. (No electronic testimony submitted)

Honoring the Fallen:

Related Links:
Sexual Assault in the Military | C-SPAN.org
SASC Sexual Assault in the Military Hearings Press Release (March 24, 2021) 
Senate armed services committee holds hearing on sexual assault in the military
Senate panel holds hearing on sexual assault in the military | FULL HEARING
Senate Armed Services Committee hearing on sexual assault in the military
How personal experience is guiding this military corp’s attempt to combat sexual assault
Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
Gillibrand renews push for military sexual assault reform
Gillibrand launches new push to punish sexual predators in the military
Pentagon leaders have opposed plans overhauling the military system for trying sexual assault for years. Has the time come for change?
‘Just heartbreaking’: Sen. Gillibrand pushes for sexual assault reform in military
Editorial — Military injustice: Independent prosecutors should handle sexual assault cases
Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)
“They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says
Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)
Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)
Report of the Fort Hood Independent Review Committee (November 6, 2020)
New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation
Search Continues for Fort Bliss Soldier Reported Missing Over 200 Days
Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Find Richard Halliday | Facebook

Fear Thy Neighbor Premiered ‘Night of the Machete’ on ID: Veteran Twain Thomas Flipped Out on Loud Neighbors After VA Cut Off Monthly Benefits (June 7, 2016)

ID Go: Two young couples in an Idaho apartment building walk on eggshells around a neighbor who can’t stand the one couple’s music and the other’s dog. Tensions keep rising between all parties until finally hell breaks loose and a violent rampage erupts. -Night of the Machete, Fear Thy Neighbor (S3, E10)

“Thomas Twain, an Idaho man with a machete, kicked down the door of home of Kaila Gearhart and James Cvengros and attempted to attack the couple. Upon hearing the shocking sounds of the door coming off its hinges, Cvengros ran the front room, screamed at Twain to leave, and ultimately shot the intruder.

The Idaho machete attacker survived the gunshot wound, and faces up to 15 years in prison for the home invasion. Idaho prosecutors claimed that Thomas Twain’s years of military service meant that he was a danger to the public.”

Read more here: Idaho Machete Attack: Veteran’s Military Service Used By Prosecutor In Attempt To Garner Longer Prison Term (The Inquisitr)

In the News:

Man with machete breaks into apartment; victims tell all. -KAKE News (January 15, 2015)

February 2014, Twain N Thomas was shot three times after he kicked in a neighbors door and came at the occupants with a machete. -Idaho State Journal (January 16, 2015)

Twain Thomas sentenced. -KIFI Local News 8 (January 16, 2015)

Interview with Bannock County Prosecutor and footage of Thomas being shot after knocking down neighbor’s door. -Idaho State Journal (January 16, 2015)

An attempted murder is caught on camera, along with a confession. CNN’s Brianna Keilar reports on the Idaho machete attack. -CNN (January 28, 2015)

Watch as a man with a machete hacks into a neighbor’s apartment – not realizing he brought a knife to a gun fight! -True Crime Daily (September 26, 2018)

Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the 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. Download the ID Go app and binge away. 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 $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.

Related Links:
Machete man smashes door in ‘Shining’ attack
Homeowner shoots machete wielding home invader
Man sentenced for attempted murder
Twain Thomas machete attack: man kicks down apartment door before being shot by homeowner
Dramatic Moment When Machete-Wielding Attacker Breaks Down Door
Man with a machete shot 3 times… and the entire thing was caught on video (VIDEO)
Video shows man use machete to hack through door, get shot by tenant
Terrifying moment machete attack man smashes through door like in horror film before being shot
Machete-wielding man chops through neighbor’s door before being shot: VIDEO
WATCH: Machete-wielding Idaho man tears through neighbor’s door before being shot
Machete-wielding Idaho man chops through apartment door before tenant shoots him to end ‘Shining’-style rampage (VIDEO)
Man Relives Bone-Chilling Moment When a Neighbor Kicked Through His Door and Came at Him With a Machete: ‘It Was Like ‘The Shining”
Machete-Wielding Suspect Shot As He Breaks Through Door In GRAPHIC VIDEO
Terrifying footage shows man kicking down apartment door wielding a MACHETE just moments before he is shot by the homeowner
Pocatello man who was shot while breaking into neighbors’ apartments to threaten them with machete is sentenced
Idaho man sentenced for attempted murder with machete
Man sentenced to 15 years for machete attack
State v. Twain N. Thomas (Idaho Ct. App. 2016)
Idaho Machete Attack: Veteran’s Military Service Used By Prosecutor In Attempt To Garner Longer Prison Term
Fear Thy Neighbor: 23 Veteran Cases Featured on Investigation Discovery

Video Links:
Man with machete breaks into apartment; victims tell all
Machete wielding intruder shot on camera
Machete-wielding Idaho man breaks through door before tenant shoots him
‘The Shining’-esque machete attack caught on camera
Prosecutor discusses video of intruder shot on camera
Twain Thomas sentenced
He brought a machete to a gun fight
Night of the Machete | Fear Thy Neighbor | Investigation Discovery (S3, E10)
Night of the Machete | Fear Thy Neighbor | Investigation Discovery (website)
Night of the Machete | Fear Thy Neighbor | Investigation Discovery (Amazon)

Senator Kirsten Gillibrand Leads Bipartisan Coalition to Reform the Military Justice System: Introduced the Military Justice Improvement Act (2013)

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System
Senator Susan Collins Leads Effort to Reform Military Justice System to Address Sexual Assaults

Washington D.C. – During a news conference today, U.S. Senators Susan Collins and Kirsten Gillibrand (D-NY), along with a bipartisan group of their colleagues in the Senate and House, announced new legislation that would reform the military justice system by removing the prosecution of all crimes punishable by one year or more in confinement from the chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. 

Senators Collins and Gillibrand were joined by survivors of sexual assault in the military, including Jennifer Norris of Maine, and by representatives from organizations who assist victims of Military Sexual Trauma. The Military Justice Improvement Act would for the first time remove the decision whether to take a case to special or general court-martial completely out of the chain of command and give that discretion to experienced military prosecutors for all crimes punishable by one year or more in confinement, except crimes that are uniquely military in nature, such as disobeying orders or going AWOL. 

“To be sure, the vast, overwhelming majority of our military personnel are honorable, conscientious, and respectful individuals, not rapists or harassers. It is for their sake that the pattern of covering up, blaming the victim, and failing to provide even the most basic protections that has been all too common for far too long must end,” said Senator Collins. “What does it say about us as a people, as the nation, as the foremost military in the world when some of our service members have more to fear from their fellow soldiers than from the enemy? This epidemic of sexual abuse cannot stand. We must ensure that justice is swift and certain to the criminals who have perpetuated these crimes.”

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System (Full Video)

With tears streaming down her face, Jennifer Norris, a former Technical Sergeant in the Air Force, describes her harrowing experience with sexual assault and the difficulty she had in seeking justice within the military chain of command, saying, “The system is rigged against the victims” and in favor of the “often higher-ranking perpetrators.” [VIDEO]

Norris, who did not serve in Hawaii, said she’d been reluctant to report the rape because, “in the Air Force, I witnessed first hand what happens to those who stepped forward to report their assaults. I did not want to be stigmatized for reporting my assault — as I tried to move forward with my career. Instead, the best option for me was to try and endure it, to suck it up and try and make it until I could get transferred somewhere else — only to have it happen over and over again, like a recurring nightmare.”

She never did get justice, she said, even when she did come forward. “My perpetrators were allowed to resign in lieu of Administrative Hearings, which would have become a matter of public record. My command never offered the chance to proceed with a court martial.”

She said, “If the chain of command had been removed from handling sexual assault cases before I was attacked I believe justice would have been served or perhaps it would have been prevented in the first place.”

-Jennifer Norris (Civil Beat, May 16, 2013)

Gillibrand: “I’m Distressed That The Victims’ Voices Aren’t Being Heard In This Debate

Gillibrand: “I’m Distressed That The Victims’ Voices Aren’t Being Heard In This Debate

Related Links:
Sexual assault victim: “The system is rigged”
‘A Place to Begin’ by Jennifer Norris, USAF Retired [Video]
Air National Guard Recruiter Drugs and Rapes New Recruit (1996)
Sexual Assault and Abuse of Authority at Keesler Air Force Base (1997)
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
House Armed Services Committee Initiatives Regarding Military Sexual Assault (2011)
Combat Military Rape, Jackie Speier Introduces Legislation and Campaign (2011)
Air Force TSgt. Jennifer Norris Testified Before the HASC in Washington DC (2013)
Defense Department Rescinds Direct Combat Exclusion Rule; Services to Expand Integration of Women into Previously Restricted Occupations and Units (January 24, 2013)
Pentagon battling military rape “epidemic” (2013) – CBS News
Now That Women Are Cleared For Combat, How About A Rape-Free Workplace? (2013)
Senator Collins Leads Bipartisan, Bicameral Effort To Reform Military Justice System (2013)
Military sexual assault victim Jennifer Norris discusses new bill – Democrat & Chronicle
Bill would take sexual assault cases out of commanders’ hands – Democrat & Chronicle
Legislation Aims to Strengthen Prosecution of Sexual Assaults in Military
Senators Lead Push To Change Military’s Sexual Assault Policy – NPR
Senators Lead Push To Change Military’s Sexual Assault Policy – NPR
Bill attacks ‘epidemic’ of military sex assaults – Portland Press Herald
Hawaii Delegation Backs Reforms Against Military Sexual Assaults
Changes proposed as military struggles with sex assaults
Military cracks down on rampant sexual abuse – CBS News
Obama, lawmakers tackle military sexual assault – The State
Gillibrand Builds Bipartisan Support for Change of Military Justice Code (UPDATED)
US Military Officials Call Sex Abuse In Ranks Serious Problem
The Deep Cultural Roots of Military Sex Abuse – CT Mirror
Military sex assault victims get aspirin: Our view – USA Today Editorial Board
Sexual assault victims say military’s promises of reform don’t go far enough
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Senator Collins speaks in support of efforts to address military sexual assault (March 7, 2014)
Gillibrand turns empathy into political stock in trade (Poughkeepsie Journal)
The Modus Operandi of Social Justice Warriors (2016)
Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)
Trends in Active-Duty Military Deaths Since 2006 | Congressional Research Service (2020)
“Veteran Advocates” Use Defamatory Newspaper Article & the Small Town Cops Who Created the Narrative to Bounce Medically Retired Service Members Out of the Advocacy Game (2024)
Military Injustice: Nowhere to Turn, Nowhere to Run, Nowhere to Hide; The Story of Kamisha Block and How U.S. Army Leadership Contributed to Her Death