Two young women are shot and left for dead on a beach in Texas. After one miraculously survives, she is determined to find out who the attacker is. When a young man is eventually convicted, the long road to justice seems to be complete until a stunning twist raises a question – could the wrong man be in prison? Josh Mankiewicz reports. -Dateline NBC (June 7, 2019)
Enrique Costas comes from four generations of dignified and recognized military service. His grandfather’s name is in the history books as one of the first soldiers to join the Puerto Rico National Guard to serve the United States. His father defended this country for 32 years, earning an Air Medal for heroism in Vietnam; his nephew will be commissioned as an officer in the next week and will be going on active duty.
Costas enlisted in the Puerto Rico National Guard in 1988. In 1999 he volunteered to be assigned as a Recruiter, earning top awards and commendations throughout his almost 14 years as the Senior Non-Commissioned Officer in Charge (NCOIC) of the Puerto Rico Army National Guard Recruiting and Retention (RR) Command office in San Juan. He was also selected and participated for seven years in the Puerto Rico National Guard Honor Guard, the team responsible for carrying our Nation’s and Army Colors in the highest of the Government’s activities and celebrations.
He was responsible for achieving monthly production for the three main tenets of the Guard recruiting office: Recruiting, Retention and Attrition Management • Staff resourcing for two Army battalions covering 13 cities • Supervising and mentoring up to 10 recruiting and retention non-commissioned officers.
Costas was a champion in mission accomplishment with the highest integrity and ethics. His walls are filled awards and photos with the Guard’s top-ranking officers, including General Clyde A. Vaughn, who personally commended Costas for his service and integrity. Costas retired in 2014 after Honorably serving our Nation for over 26 years.
The biggest mistake Costas made in his career was simply being on duty during the Guard Recruiting Assistance Program also known as G-RAP, a cash incentive opportunity for civilian soldiers to bring in new recruits. With no direction from Washington D.C.’s Strength Maintenance Division, General Vaughn’s recruiters were supposed to intuit the 60 changes in the G-RAP rules over a seven-year period, while also working to fill the dwindling ranks of Guard troops.
Just before dawn, on an early October morning in 2015, Costas’s home was stormed by six Federal agents and two State police officers, in full tactical gear. Costas thought his family was under attack, and it was – by the Government he had served. Costas was arrested and taken to a Federal Courthouse where he was charged with “crimes” dating back almost ten years, during the days of G-RAP.
Costas is one of hundreds of General Vaughn’s recruiters who have been held responsible for not knowing the G-RAP rules that were never sent to them. And not just held responsible — charged with criminal intent to commit fraud against the Government. General Vaughn, who created and administered G-RAP, and who was administratively sanctioned for poor management, is enjoying full retirement in Virginia and Arizona.
Costas is going to prison.
The government’s “evidence” against Costas and other recruiters does not even meet the standard of circumstantial. In his case, the government admitted during trial to having no actual evidence, but only a “reasonable inference” that a crime could have been committed.
As a recruiter, Costas could not and did not participate in G-RAP. There were no Army regulations that governed G-RAP because the program was run by a private Alabama-based contractor called Docupak. Docupak was essentially incentivized to run a sloppy program, earning a 17% markup on every new enlistment, on top of their contract fees and administrative expenses. This lack of training stands in sharp contrast to how the Army usually operates, with manuals and rules on almost every action and procedure.
The one rule that the prosecution seized on to brand soldiers and veterans as felons regarded the relationship between the Recruiting Officer and the Docupak civilian contractors known as Recruiting Assistants (RAs). When G-RAP began, those contractors were regarded as assistants to the Recruiting Officers. The Recruiting Officers might use the RAs to give that extra push to a potential applicant considering enlisting. The Recruiting Officers were encouraged to ask the RAs to attend recruiting events and help with the finding of potential candidates. The original program outline stated that the Recruiting Officer would provide specifics for each possible enlistment to the RA, including legal name, birth date and social security number. That information was used by Docupak to verify enlistments and process payments to their RA contractors. In later descriptions of G-RAP, the social security number would go from the new recruit to the RA contractor, bypassing the Recruiting Officer, which not a single RA contractor reports ever seeing or any evidence has ever been produced by Docupak that verifies it.
This procedural change has resulted in hundred of indictments and scores of convictions for identity theft and wire fraud. Soldiers and veterans are in prison. Costas, sadly, is on his way.
After the government filed more than 50 felonies against Costas, his defense team could not overcome the wrath of the United States and he was convicted by a jury who felt that with so many felonies filed, Costas certainly had to have done something wrong.
He did not. G-RAP was a tangle of mismanagement; the soldiers who were on duty during its tenure are paying the price of administrative failures by their command. In an internal investigation done by the Puerto Rico National Guard pertaining to G-RAP in 2012, the Investigating Officer admitted that “Recruiters had no formal training on how G-RAP operated.”
Costas and his family had their hearts broken when the prosecution opened with statements calling him a “cheater, stealer and a liar.” He said these words, “pierced the core of his soul.”
Presumption of Innocence or even the “benefit of the doubt” was never given. In the end the Government spent an estimated $100,000 prosecuting Costas and the jury found Costas guilty on three charges amounting to $3,000. Although never having a criminal record and an impeccable military career, the judge sentenced Costas to prison. In the end “reasonable inference” and circumstantial evidence weighed more than 26 years of honorable service willing to sacrifice life and limb.
Recently the United States Court of Appeals for the 6th District reversed and vacated a conviction of an accused soldier involving G-RAP and determined, that the “Government did not retain a revisionary interest in the funds and that it did not exercise supervision or control over the funds”. This decision cannot be applied to Costas unless the United States Court of Appeals for the 1st District, the Supreme Court, or Congress rules on it.
“Extraordinary claims require extraordinary evidence.”
― Carl Sagan
The claims were extraordinary. The evidence was missing. And yet, a United States military hero and veteran has been sacrificed.
We respectfully request that Congress or the White House appoint a commission to review the G-RAP investigation, to identify Soldiers that have been unjustly stigmatized by it, and to recommend suitable cases for clemency and pardon.
About the Film: When feminist filmmaker Cassie Jaye sets out to document the mysterious and polarizing world of the Men’s Rights Movement, she begins to question her own beliefs. Jaye had only heard about the Men’s Rights Movement as being a misogynist hate-group aiming to turn back the clock on women’s rights, but when she spends a year filming the leaders and followers within the movement, she learns the various ways men are disadvantaged and discriminated against. The Red Pill challenges the audience to pull back the veil, question societal norms, and expose themselves to an alternate perspective on gender equality, power and privilege.
Learn more about Cassie Jaye & The Red Pill Moviehere.
Males are victims of crimes and perpetrators of crimes
Males are victims of exploitation, sexual abuse, domestic violence, attempted homicide, homicide, physical assault, hazing and bullying
Males are the perpetrators of most crimes committed in the military
What percentage of males has post traumatic stress?
What percentage of males is considered a domestic abuser?
Need to differentiate between disassociation/abuse & escalation in violence
More then half of victims of sexual assault are male, they are not reporting.
1 Active Duty suicide a day, most cases not attributed to serving in combat zone.
High rates of domestic abuse, alcohol use, assault, & getting into trouble.
Males guilty of domestic violence, child abuse, physical assault, sexual assault
Majority of perpetrators are males, although women are perpetrators too
Both male & female perpetrators exhibit signs of narcissism, sociopathy
Perpetrators do not discriminate, they target the most vulnerable male or female
Perpetrators are targeting males because male dominated career, opportunist
Male on male crime tends to be more violent, victim may have been threatened
The stereotype that perpetrators are always male is false, female perpetrators tend to be more sociopathic, manufacture evidence, create narrative, and elicit the help of others to commit the crimes usually because of financial motive
Financial benefits, medical benefits, & life insurance make solders vulnerable, targeted by sociopaths for financial gain, mostly males in Army targeted
Domestic abuse perpetrated by female spouses minimized, false accusations common
Fear of losing security of steady paycheck if anyone reports abuse to command
Red flags missed because the abused do not want to report, violence escalates to a point of no return (careers ended, someone gets hurt or dies)
Males fear reporting to command, perpetrators may be higher ranking, exploitation
Commanders are single investigators, may not realize being manipulated by sociopath who is out to get revenge because the other party rejected them
Servicemen’s Group Life Insurance is a common motive for murder, mostly males targeted, soldiers motivated to get married quickly for financial benefits
Males think they can’t become a victim of crime, anyone can whether violent criminal or manipulative spouse exploiting soldier financially, target when alone
If abusive spouse lives on federal military base, no one has jurisdiction over them, can’t court martial or NJP, soldier held responsible for behavior of family
Where can soldiers turn to for help to safely end a marriage? Are they provided with an attorney? Do they have to pay out of pocket? Command’s involvement?
Who is tracking behaviors/red flags of both perpetrators & those with PTSD?
What services are offered to assist a soldier with PTSD? Is it a career ender?
Is toxic leadership responsible for soldiers choosing suicide? Betrayal?
How do Commander’s hold military spouse accountable for domestic abuse?
How do Commander’s hold soldier accountable for escalating domestic abuse?
Is it possible that male soldiers do not report because don’t want to be seen as weak?
Penny Brummer, a military vet, is accused of murdering her ex-girlfriend’s best friend in a jealous rage. However, Penny was so drunk that night she was in a blackout state. Can Chris and Melissa help fill in the gaps of her memory to prove her innocence? -Reasonable Doubt, Investigation Discovery
Air Force veteran Penny Brummer was convicted on October 1, 1994 of murdering her ex-girlfriend’s best friend 21-year-old Sarah Gonstead in Madison, Wisconsin. On March 14, 1994, after a night of heavy drinking with Penny, Sarah was shot in the back of the head execution style and found three weeks later in a secluded field. Detectives theorized that Sarah most likely trusted her killer. On this episode of Investigation Discovery’s Reasonable Doubt, Penny’s mother, Nancy Brummer, turned to Detective Chris Anderson and criminal defense attorney Melissa Lewkowicz to help her prove Penny’s innocence. Nancy believes the prosecution had no concrete evidence except for circumstantial evidence and she also believes the the jury was biased and led to believe that lesbians are inherently violent. Detective Anderson and Melissa Lewkowicz worked with Nancy Brummer by taking a second look at Penny Brummer’s case featured in the ninth episode of Reasonable Doubt aptly titled ‘Failure to Remember’. It’s their job to investigate the cases that family members swear are wrongful homicide convictions and in the end the duo share their assessment of guilt or innocence based on meticulous investigative work.
Nancy Brummer has been fighting to free her daughter for twenty-two years. She told Detective Anderson and Melissa that they were her last hope. The two learned that Sarah Gonstead left her mother’s house to go out for a night of drinking to celebrate her 21st birthday with her friend Penny but Sarah never came home. Twenty-five days later, Sarah was found in a secluded field in Madison. Sarah had been shot execution style in the back of the head and Penny was the last known person to see her alive. Eight days later, Penny was arrested and charged with first degree murder. Penny claims she pulled over to clean up some beer that spilled in her vehicle and Sarah exited the vehicle to walk half a block to her best friend Glenda’s house. But prosecutors painted a darker picture. They theorized the two got drunk and Penny drove Sarah out to a empty soy field and murdered her. Prosecutors believed the motive was jealousy because Glenda had just broken up with Penny and Penny blamed Sarah for the break-up. They claimed Penny wanted revenge and the jury bought it. Penny Brummer is currently serving life in prison and her first opportunity for parole is in 2045.
Detective Anderson and Melissa met with the Nancy Brummer first to hear her plea for justice. Nancy stated that she wanted to find the person who committed the crime and free Penny so she can come home. Nancy confirmed that Glenda and Penny were dating and broke up about a month prior to Sarah’s disappearance. Sarah was Glenda’s best friend and the three of them would hang out and party together. Penny was in her early twenties at the time of the homicide so her behavior was typical of most young people at that stage in their life. Nancy Brummer described Penny as very social and happy-go-lucky. She said Penny was really into sports and she was on the softball team and volleyball team in high school. Nancy opined Penny was a typical teenager and started drinking around the age of seventeen. After high school, Penny joined the Air Force and shared with her mom that it was hard being in the military because of the secrecy she had to maintain regarding her sexual orientation. Nancy Brummer believes that the jury was biased and led to believe that a lesbian is more prone to violence. She referenced a questionnaire that Melissa agreed was inflammatory and would need a second look.
The prosecution painted a picture that Penny was jealous of the friendship between Glenda and Sarah. The two were strictly friends and Sarah was straight. Nancy observed that Penny was sad and disappointed about the break-up but not what one would consider obsessive. She reminded Detective Anderson and Melissa that the prosecution had nothing: no physical evidence, no DNA, no blood evidence, nothing that tied Penny to the murder. The prosecution said the gun that was used in the commission of the crime was a 22 handgun that belonged to Penny’s father. Nancy admits that her husband’s gun did go missing and was never recovered. When Sarah’s body was found, Nancy said a witness came forward to the police and said that he had driven by the scene of the crime a day or two after the murder and saw a suspicious vehicle along the side of the road. He saw a man standing behind the vehicle with what looked like a pink and purple duffle bag and as it turns out, Sarah’s jacket was the same pink and purple color. Nancy said this evidence was ignored. Nancy informed both Detective Anderson and Melissa that even if they don’t find Penny innocent, she will keep fighting for her release.
Detective Anderson and Melissa began their investigation. Detective Anderson started with the man who was the eyewitness. This man told Detective Anderson that he did in fact see a vehicle by the side of the road near the location of where Sarah’s body was found in the field. He claims he made eye contact with the man in question but that was about the extent of it. He said after the man made eye contact with him, he put his head down. The eyewitness was concerned that this man was trying to move the body, after all it was only a couple days after she had gone missing. He said the police informed him that they already had a suspect in the case and he felt that his testimony was largely discounted and ignored. Melissa investigated the prosecutors jealousy motive. One of Penny’s close friends described her as a great friend and a someone she went bar-hopping with. Penny’s friend believes that she was a binge drinker and most likely an alcoholic because she would drink until she blacked out. Penny’s friends said she hoped she would get back together with Glenda but certainly didn’t act like a jealous ex-girlfriend. Penny’s friend Mary believes she is innocent.
Detective Anderson met with a forensic expert to go over the physical evidence or lack there of. The two examined the crime scene photos and other evidence available. The forensic expert didn’t see any signs of struggle and it appeared Sarah’s body fell forward after she was shot in the head. There was no sexual assault and no beating. It was an execution style killing and Sarah most likely knew and trusted the person who shot her. Sarah was walking in front of the perpetrator when she was shot in the back of her head. Detective Anderson visited the last known location of both Penny and Sarah, a local bar in Madison. A witness said Sarah and Penny were celebrating Sarah’s birthday because she had just turned twenty-one. The two had been drinking prior to their arrival at the bar but the witness didn’t think either appeared to be drunk. She said they showed up at the bar around 10:30 p.m. and left a couple hours later; they had a couple drinks while they were there. The witness observed they were both in great spirits and having fun and they were both able to carry on a conversation. On the night in question, Sarah was kind of quiet while Penny appeared to be enjoying herself with others at the bar. Neither of them were agitated or upset; they both appeared to be in a really good mood.
Sarah Gonstead
Penny Brummer
Detective Anderson interviewed Penny via the telephone. Penny said she dated Glenda for 8 or 9 months and admits she fell in love with her. She also claimed to have a nice friendship with Sarah. She shared that Sarah never did anything bad to her and never meddled in her relationship with Glenda. Penny said Glenda just decided one day to end things and told her she was going back on birth control. Penny assumed Glenda wanted to go back to guys. After the break-up, Penny was heartbroken. She admitted she got physical with Glenda one time; they pushed each other during an argument. On March 14, 1994, Penny said she got out of work around 7:30 p.m., got some beer, and went to Sarah’s house. Penny said they stopped at a couple bars and drank more beer. Penny said she doesn’t remember being at Jakes (the bar where the eyewitness last saw both Penny and Sarah at around midnight). Penny admitted she was an alcoholic then and was very intoxicated. Penny and Sarah were on their way to pick up Glenda when Penny spilled some beer in her car and stopped to clean it up. Penny said Sarah wasn’t feeling well so she started walking to Glenda’s house which was about a half a block away. Penny told Detective Anderson she doesn’t know why she didn’t take Sarah to Glenda’s house but she went home after cleaning her car. Penny reminded Detective Anderson that she isn’t the type to kill anyone, she didn’t have a weapon, and she had absolutely no reason to hurt Sarah.
In the meantime, Melissa looked at the questionnaire that was given to the jury asking them about their thoughts about lesbians and violence. Melissa said, as a criminal defense attorney, she would insist that the jury not be subjected to or see the questionnaire because it is inflammatory. Melissa also spoke with Glenda who was the glue that held the case together. Glenda claimed she dated Penny for about a year but wasn’t necessarily in love with her. Glenda claimed Penny drank a lot but could still function; she just wouldn’t remember it. Glenda described Sarah as a shy, soft-hearted, and loyal friend. Glenda believed that Penny was jealous of her friendship with Sarah. Glenda admitted that Penny did in deed find her birth control pills and assumed that she was breaking up with her so she could date men again. Glenda admitted she broke up with Penny because she was way too controlling. Glenda also claimed Penny was pissed that she broke up with her. When Glenda ended it, Penny shoved her and she shoved her back and kicked her out of her house. Glenda said the look in her eyes scared the crap out of her and she began to cry. Glenda believes they have the right person and is still grieving the loss of her friend.
Detective Anderson and Melissa met with Nancy Brummer to share the results of their investigation. Nancy claimed the jury was bias because of Penny’s sexual orientation and Melissa believes she was absolutely right. Melissa said the questions asked of the jury were highly prejudicial. Penny’s close friend felt that the motive of jealousy was crap but Glenda was 100% convinced Penny was the killer. Glenda claimed the motive in this case was vengeance. Glenda declared that if Penny gets out of jail, she is moving to another state because she is scared of her; if Penny did this once, who is to say she won’t do this again? Nancy doesn’t believe Glenda and said she is a good actress. Detective Anderson told Nancy he followed up with the eye witness at the scene of the crime and said this was a problem because each and every lead needs to be taken seriously. He also shared that only one of the detectives was alive and he refused to meet with him. Melissa confirmed that there is no physical evidence tying Penny to the crime. Detective Anderson addressed the gun they believed was used in the commission of the crime and Nancy confirmed the 22 they owned had indeed gone missing. Detective Anderson addressed the autopsy photos and shared that the forensic expert did not observe any signs of struggle. It was a cold night and if someone ran towards Sarah, she definitely would have heard it. Detective Anderson deduced Sarah was shot by someone she knew or was led into the field at gunpoint.
“Circumstantial cases are a series of little things that add up until they point in one direction.” -Detective Chris Anderson, Reasonable Doubt
Nancy Brummer said there was no way her daughter would have shot Sarah in the back of the head. But Detective Anderson had some serious issues with the fact that the only person who claims Penny was in a black out that night is Penny. He spoke with a bartender who claimed that Penny appeared to be functional. Jake’s bar is significant because it is less than two miles from where Sarah’s body was found. Detective Anderson noted that Penny said she couldn’t remember being at Jake’s that night but she remembered very specific things earlier and later that night. Detective Anderson felt it was suspicious that Penny remembered everything really well that night except being at this bar. Is this a form of convenient amnesia? Melissa empathized with why Nancy felt a sense of injustice all these years. The biased questionnaire, the ignored witnesses, and the overall investigation had major problems; the evidence was highly circumstantial. Penny was the last known person to see Sarah alive that night; Penny was last seen at a bar with Sarah which is located less than two miles from where Sarah’s body was found; Penny said she can’t remember being there but does remember a lot of details earlier and after Sarah went missing; Sarah was killed with a 22 and Penny’s father owned a 22 that was now missing; Penny was a military vet who was trained to shoot guns; and Sarah wasn’t trying to run away, she didn’t struggle, and she most likely knew and trusted her killer.
Why would Penny do this? Melissa shared that she read through the police reports and noted that Penny admitted she was heartbroken when things ended with Glenda. Penny also admitted that after the break-up she wondered who Glenda was with, where she was, and what she was doing. Penny also said Glenda was in her head 24 hours a day (obsessed) and that she resented Sarah because she assumed Sarah was trying to drag her back into the straight world. On the night of March 14, 1994, Penny did what she always did. Melissa explained Penny got really drunk, the break-up was fresh, her feelings were raw, and she spent the entire night with the person she believed came between her and the woman she loved. Melissa asked, “did Penny plan to walk Sarah into the woods or was it just a horrific idea fueled by fifteen drinks?Did she remember shooting Sarah, does she remember her falling to the ground, or does she not remember anything at all?” Ironically, Penny admits that prison saved her life. Penny believes she would not have made it to thirty had it not been for prison. Penny said she turned her life around behind bars. Based on the leads Nancy provided and an independent investigation, Detective Anderson and Melissa revealed there was nothing new in the investigation that would bring Penny home. They both suggested Nancy ask her daughter the tough questions and then she will know, even 22 years later.
“The problem is that the things Penny remembers are the things that will help her and the things that she can’t remember are the things that would potentially hurt her.” -Melissa Lewkowicz, Reasonable Doubt
Twenty-one years ago a jury found Penny Brummer guilty in the murder of Sarah Gonstead. The family of Brummer has spent those 21 years working to prove her innocence. Dave Delozier reports. -Channel 3000 | News 3 (December 14, 2015)
About the Film: When feminist filmmaker Cassie Jaye sets out to document the mysterious and polarizing world of the Men’s Rights Movement, she begins to question her own beliefs. Jaye had only heard about the Men’s Rights Movement as being a misogynist hate-group aiming to turn back the clock on women’s rights, but when she spends a year filming the leaders and followers within the movement, she learns the various ways men are disadvantaged and discriminated against. The Red Pill challenges the audience to pull back the veil, question societal norms, and expose themselves to an alternate perspective on gender equality, power and privilege.
Learn more about Cassie Jaye & The Red Pill Moviehere.
Guest Post by Liz Ullman:
MILITARY JUSTICE FOR ALL 