Skip to comments.A U.S. ARMY SPECIAL FORCES SOLDIER'S FIGHT FOR MILITARY JUSTICE
Posted on 10/16/2011 6:22:52 PM PDT by seekthetruth
"Three Days In August" by Bob McCarty
U.S. Army Special Forces Sgt.1st Class Kelly A. Stewart admitted to having a one-night stand with a 28-year-old German woman the night of Aug. 22, 2008. She did, too. Both knew sex was part of the plan when they left the discotheque near Stuttgart. Two months later, however, her story changed and the highly-decorated combat veteran found himself facing rape and kidnapping charges.
During court-martial proceedings one year later, Stewart faced an Army court-martial panel comprised of soldiers who had recently returned from a 16-month deployment with the Army attorney serving as Stewarts lead prosecutor.
Despite a lack of both physical evidence and eyewitnesses to the alleged crimes, it took only three days for the panel to find Stewart guilty of numerous offenses including aggravated sexual assault, kidnapping, forcible sodomy and assault and battery and sentence him to eight years behind bars.
Incredibly, the conviction was based almost entirely on the testimony of Stewarts accuser, a one-time mental patient who, with the backing of the German government, refused to allow her medical records to be entered as evidence.
When several witnesses came forward during a post-trial hearing to reveal startling proof that the accuser had lied several times during the trial, their words were largely ignored by the court and Stewart remained behind bars.
(Excerpt) Read more at threedaysinaugust.com ...
Their duty to their membership should not include authority to cancel and or freeze accounts of their customers because they don’t “meet our standards.” As of October 14th, it was reported by Kelly’s father that Kelly’s wife was told by a rep at USAA that they had kindly released half of her money!! It is her money and let me reiterate, she currently serves this country!!
I question their standards!
Narrative on Bronze Star Awarded to Kelly Stewart:
THE BRONZE STAR MEDAL WITH VALOR DEVICE
STAFF SERGEANT KELLY A. STEWART
Staff Sergeant Kelly A. Stewart, United States Army, heroically distinguished himself by exceptionally valorous conduct in the face of the enemy of the United States as the Senior Special Forces Medical Sergeant, Operational Detachment Alpha 062, Baghdad, IRAQ, on August 7, 2006 during Operation IRAQI FREEDOM. During Operation STINGRAY inside the Jaysh Mahdi stronghold of Sadr City, SSG Stewart distinguished himself as a Special Forces Medical Sergeant (18D) with Bravo Company, 1st Battalion, 1st Iraqi Special Operations Forces (ISOF) Brigade. Bravo Company was tasked with providing outer cordon blocking positions as the Iraqi Counter-Terrorism Force (ICTF) conducted a raid to capture high-value targets. SSG Stewart was assigned to the rear of the vehicle third in the order of movement and was armed with his M4 carbine, an M79 Grenade Launcher, and his aid bag. During the mission, SSG Stewart would expertly use all three of these tactical tools. Upon infiltration, the convoy was nearly struck with an improvised explosive device which detonated less than thirty meters in front of the lead vehicle and since the ingress routes to Sadr City are extremely limited, the enemy undoubtedly had clear early warning of the forces approach. Thus, immediately upon SSG Stewarts vehicle establishing its southernmost blocking position nearest the ICTF raid location, the U.S./Iraqi force came under enemy fire. SSG Stewart dismounted the vehicle and immediately established a good firing position oriented down an alley running to the southwest. Within minutes, he began engaging a few enemy gunmen down the alley. The hardened fighters, although possibly wounded, sought cover behind vehicles and alcoves in the alley and continued to return fire. SSG Stewart calmly transitioned to his M79 to effectively suppress those fighters firing from defilade. He continued to suppress this general vicinity throughout the forty-five minute firefight as additional enemy converged on the danger area. As the blocking force loaded the vehicles in preparation for exfiltration, one U.S. Soldier was shot as he climbed into the rear of SSG Stewarts vehicle. With total disregard for his own safety as enemy fire continued just over his head, SSG Stewart immediately assumed the role of medical provider and would be instrumental in saving the soldiers life. The projectile entered to the rear of the casualtys right shoulder, almost completely severed the upper portion of his right lung, broke a few ribs on the left side of his chest and finally came to rest just under the skin. Displaying extreme calmness in the heat of combat, SSG Stewart initiated two intravenous (IV) lines into the casualty while under fire in the moving vehicle. For much of the exfiltration, SSG Stewart had one leg outside the vehicle on a jack-stand strapped to the rear to provide the casualty more room while holding two IV bags in one hand and returning fire with his M79 in the other hand. His actions are in keeping with the finest traditions of military heroism and reflect distinct credit upon himself, the Special Operations Command Central, and the United States Army.
Thank you all for the kind comments. Throughout this ordeal I have been honest and forthcoming and not hiding behind my Regiment or the Law. There is ZERO physical evidence. I was convicted SOLELY on the accuser’s statements. There are no witness to the accusation. All the new evidence came post trial. These are German Nationals who live/work with the accuser as well as a government employee. The majority were all female. I have never met any of the German nationals who came forward in my behalf, and had only seen the Government employee for she worked for the prosecution. Bob wrote the book which has the the record of trial in it. I encourage you to read it, then make your own assessment based off of facts. For the question to why I cheated on my wife, I have no excuse. I came clean with my wife prior to me ever being under investigation. I slept with the accuser on Aug 20th. I was consumed with guilt told my wife on Nov 25th. The accuser didnt go to the police until Dec 7th, and I wasnt notified until mid Jan that I was under investigation. Mind you the accuser admitted under oath that she had sexual relations with at least one mail after the alleged rape and before she reported the alleged rape some 4 months later. This evidence was not available to me during the trial on came to light post trial from her best friend of ten years. Read the book to see how the Army flew me back to Germany 15 months into my prison sentence because so many people came forward with EVIDENCE to prove my Innocence. I am not afraid of negative comments for everyone has the right to speak and voice their thoughts. I again ask read the book get informed. Get angry, Get inspired. Stand along side and fight. I am not the first and not the last. I admitted adultery and was never charged with. I am Guilty of it! but the crimes for which I am convicted of I am INNOCENT.
De Oppresso Liber
Welcome to Free Republic. If this is really you, I pray that justice is served. Thanks for your service.
Many years ago, at the urging of my retired Air Force father, I opened a car insurance policy with USAA. I kept the policy for three years (I’m a veteran) and dropped them because I felt their service was crappy and they didn’t live up to what they had promised.
My home and cars are insured by Nationwide and have been for over a decade. I’m very happy with them and have no qualms about recommending them to you.
Re: Kelly Stewart. He is the new Lt. William Calley (see My Lai Massacre; Vietnam). Military “justice” is often an oxymoron and they are very slow to reverse decisions like this. IMO, because there are two different nationalities involved (German and American), Sgt. Stewart is more a political prisoner than anything else. He is the scapegoat the Army is using to appease the Germans.
It is going to be very difficult to reverse his conviction, but it can be done. One of the things the US military hates is adverse publicity, ESPECIALLY with things like this. The more light that you can shine on this fire and the more embarrassment that can be brought to bear against the Amy, the sooner his case will be “reviewed” against the new facts and his conviction overturned. But, it will take some very high profile folks to bring this to the nation’s attention.
Best of luck.
Assuming she had sex with a "male" how does that affect a rape case? "She deserved it?"
And he pumps the book twice. If he's trying to sell a book, he should proofread his advert.
Yes this is me. You are welcome to follow and contact my father who runs the web site. I am still active duty due to me being on parole and in the first level of appeals. I do not wear a uniform or report to any base but I do carry a Active Duty ID and I am covered by the Army until me appeals are terminated. That being said, I have to be careful on how I approach the media. Thus why Bob McCarty and my father are a filter. I do see ALL matters sent to them.
Thanks you all,
Kelly A. Stewart
De Oppresso Liber
Perhaps folks who have questions might want to learn more by listening in to these upcoming interviews:
MARK YOUR CALENDARS!
Tune in Thursday morning 10/20 at 10:00AM central, 11:00AM eastern for talk about an Army Special Forces soldiers fight for justice!
Be sure to listen live Thursday, Oct. 20, at 10:00 a.m. Central, 11:00am eastern as Bob McCarty will make another guest appearance on Commonsense Coalition Talk Radio http://www.csctalkradio.com/ a program hosted by Beth Schoeneberg.
Bob McCarty will be sharing details of his soon-to-be-published book, Three Days In August: A U.S. Army Special Forces Soldiers Fight for Military Justice, which highlights the story of former Army Sgt. 1st Class Kelly A. Stewart and his fight to clear his name after being wrongfully convicted by an Army court-martial panel. You wont want to miss it!
FYI: The book will be available in ebook and print versions at booksellers everywhere Wednesday, Oct. 19th.
Tune in Friday evening 10/21 at 8:00PM central, 9:00PM eastern for an exclusive interview on the Andrea Shea King Show! http://www.blogtalkradio.com/askshow
Bob McCarty, author of “Three Days In August: A U.S. Army Special Forces Soldiers Fight for Military Justice” and John Stewart, father of Army Sgt. 1st Class Kelly Stewart will appear for a live interview with Andrea. You won't want to miss this informative interview with also the chance to call in and ask questions.
I hope this clears things up. I am the one in question here. My wife and I have Banked with USAA for over 12 years. We have our Home/Auto/Savings/Checking accounts with USAA. Now that is two separate accounts each. My family has made each and ever payment without missing a date throughout this legal ordeal. During the time in Prison My account was active no issues. I got out on parole in March and two months ago I added a Auto insurance policy with USAA. During the phone call I was told that USAA was terminating ALL my accounts. They gave no notice other than when trying to insure my vehicle. They put an underwriter on the line in a three way call and asked the security questions to verify that it was me. Once established the under writer asked if I had been in Prison. I asked what does this have to do with banking. They went on to read the articles from the Stars and Stripes and stated that I do not meet the core values of USAA. Now for 5 months there was no issue while out of prison or the last 2 1/2 years in prison, so why now?? So I talk to my dad about it, who in turn sent a email. Their response my father has explained. Last week my wife’s money was frozen. Now she just moved back from Germany and all the travel money that a soldier pays upfront and is to be reimbursed later was paced on credit cards until travel vouchers are filed. On top of the money that my wife receives for housing and our children was frozen. My wife could not use her debit card. Checks were written for bills (daycare for two children), and utilities. All Bounced. No warning on the account was going to be frozen. Now USAA being a Coop business it has few actual offices. After my wife contacted my father again, and 10 calls to USAA, my wife finds an actual office in Colorado and then they only give HALF of her money and send the rest in a check. Not to her through the postal system. I am sure you are intelligent enough to realize, that a business who is run by former Military personnel should know I have right to due process. Is a bank a judge? I challenge anyone to show me one document you sign as a customer with USAA that tells you I will terminate your banking if it doesnt jive with our core Values. My wife has a separate account so why attack her? I ask what you would do if this was your wife, mother, daughter? My father did not attempt to access my account merely to get someone to contact my wife or I to explain their actions. My wife has never been notified either in writing or verbal. I thank USAA for what they have done. They have ensured that my two daughters will go to college on their dime. I await a civilian law firm who ensure no other family endures from a bank what my family has. The blood sweat and tears of our forefathers was for nothing if this is not corrected. Again I appreciate all comments. I say this always, I hope my story angers you! I hope it inspires you! And I pray the truth will set my family and I free!
De Oppresso Liber
Sir this story is about my life. While goggling my name you will generally only see stories written over a 2 week period after the court marital. Why is that? I have not been convicted of escape, or AWOL. Remember just because someone wrote something doesn’t make it true. I will tell you I have made two interviews throughout this only to Bob McCarty. In that I gave detailed information. I ask that you get informed from someone who has actual record of trial transcripts who wrote the book to get facts, not some journalist they hasn’t commented on the story since then. You wont find and article when the Convening Authority in May 2010 flew me back to Germany to conduct a fact finding investigation in the perjury allegations against the accused. Then shortly after dropped two of four of my charges, upgraded my discharge and took 5 of my eight year sentence away. But Sir that is true. I hope you get angry, I hope you get inspired, I hope the truth will set me FREE!
De Oppresso Liber
Sir, She testified under oath that after the alleged rape that she couldn’t be with a man anymore. She went on to testify under oath do you have any contacts with men. She stated no I couldn’t I am afraid. When asked if she has been on any dates she stated no I stay at home because what has happened to to me. This all had a affect on the Jurors. She gave a very detailed story of abuse and markings all over body. Other than her statement there is NO evidence such abuse happened. I didn’t know until I was convicted when stories hit the papers and her friends who had no clue came forward after reading portions of the record of trial my father posted online. Then they realized she lied. Not just once but the whole thing she lied. The prosecution knew she went a wedding 2 hours after the alleged crime. Did they interview anyone there to validate her claims or to verify maybe a picture of the abuse she claims? No they didnt. Was the defense informed that she was a wedding where pictures were taken? NO. Did the prosecution tell the defense that 5 days after the alleged rape that the alleged victim went to a scheduled well women exam with the same family doctor since she was 13 who performed a well women exam and did not note the markings or any negative findings? No they didnt. Did the Government interview her best friend of 10 years who was also her employer and roommate who’s wedding she went to to see if they noticed anything? No they didnt. But this Married German national did come forward while I was in prison. She provide a cell phone text the morning of in question stating she was running late because of good sex with me. Her words not mine. She also provide names of who the accused slept with after the alleged rape prior to her going to the police four months later. She had sexual relations 2 weeks prior to the hearing. She also provided pictures she took of the accuser naked to send to one of the theses men. She provide 10 other witness based off of the accusers statements in the record of trial. All the new evidence came post trial. The Convening Authority 15 months later brought me back to Germany. She was asked again under oath in May 2010 the same questions. The rest of the story get the book. As far as my grammar I am sorry, but if you are blinded by it and can see the injustice then I I wish you well.
De Oppresso Liber
What is a travesty is the fact that Kelly Stewart was not allowed to defend himself against the false charges made by his accuser.
I haven’t a doubt this is true. I could care less about adultery.
What I am sick of is all the worthless crap in this country. All the people who want to talk it over. All the ones who sit back and run their mouths knowing full well the demise of this free country is well at hand. But are not willing to face the absolute truth that the ONLY WAY anything is going to change is to shut up, lock and load, and fire away.
As a Florida Freeper I welcome you to FreeRepublic. I am sure your sharing of the truth will help folks who visit and post on this forum to learn about the injustice you have had to endure.
I will continue to help spread the truth to all who will listen. My husband James and I are committed to doing everything we can to bring attention to many issues facing our military. And we will continue to stand for justice in your case and that of Michael Behanna who remains in Leavenworth.
Hey seek. You know Evan Vela Carnahan is my nephew???
Yes, and I am sorry I was in a hurry and did not add “and others” to my previous post. I meant to say “Michael Behanna and others in Leavenworth.”
I am working with Beverly Perlson from The Band Of Mothers and others to bring attention to Michael Behanna and the other soldiers who are serving time in Leavenworth for doing their job...killing Islamic terrorists!
This Government is letting terrorist go free yet our own soldiers remain in Leavenworth. That will not stand when the American people learn about what is happening!
For the record to all I was charged with four charges Rape, Sodomy, Kidnapping, and Assault. I was not found guilt of Rape. I found guilty of Sexual Assault a lesser charge of rape. I was found guilt o f a lesser charge of kidnapping called Inveigling. and two counts of Sodomy. 15 months later I was flown to Germany for a Fact finding hearing or Dubay hearing by General Salazar. He Dropped the Kidnapping/Inveigling charge and took two years off my sentence. He gave me Three years Clemency. Which totals 5 years of my eight year sentence. He upgraded my Dishonorable Discharge to Bad Conduct Discharged. 3 of four of my original charges carried LIFE sentences and one carried a 30 year sentence. I got eight years, then a General reduced it more and upgraded my discharge. I ask you how sure are they that I am guilty? Why if someone you believe to be a rapist scum would you on give 8 years when the max or Average is 25 years? Why Then would a One Star General reduce it more and add benefits for my discharge. How sure do think they are? You want more read the book, read the facts! Get angry! Get inspired! I have opened my life and actions up for all to make a informed decision to act. Either for or against. You choose. Thanks for the opportunity to write.
De Oppresso Liber
FreeRepublic has always been the place where folks can learn the truth through Freeper research, sorting out the “spin” from “facts”, and bringing the truth to all who visit FR.
I know many patriots who visit and post here on FR will want to listen in tomorrow morning to Bob McCarty's interview on Commonsense Coalition Talk Radio at 10:00 a.m. Central, 11:00am eastern at:
http://www.csctalkradio.com/. By doing so they will learn more details about the injustice you and your family has had to endure. The truth will be made known.
It is going to be very difficult to reverse his conviction, but it can be done. One of the things the US military hates is adverse publicity, ESPECIALLY with things like this. The more light that you can shine on this fire and the more embarrassment that can be brought to bear against the Amy, the sooner his case will be reviewed against the new facts and his conviction overturned. But, it will take some very high profile folks to bring this to the nations attention.
Best of luck.
I couldn't agree with you more!
I am sure that Freepers and other American patriots will join us in spreading the truth when they learn the facts about Kelly Stewart's trial in the US Army courtroom.
Bringing the facts to the attention of some very high profile folks will also be done through the help of other Freepers here on FreeRepublic. There are several “high profile folks” who happen to be Freepers, and they are always willing to spread the truth!
The “e-book” and “Kindle edition” was out earlier, but I am a bit too old fashion to give up having a book in my hands.:)
I have much younger friends who read “Kindle edition” books often, and here is a review I received from a friend just this morning.
This review is from: Three Days In August: A U.S. Army Special Forces Soldier's Fight for Military Justice (Kindle Edition)
First there was Haditha, then a court-martial for heroic Navy SEALS for giving a terrorist a fat lip, and now the military is turning their back on Staff Sergeant Kelly A. Stewart for a one-night stand!! Outrageous!! I couldn't put this book down. Bob McCarty writes a gripping account of Stewart's unbelievable fight for freedom in this meticulously researched story. This is a must read for every person who is deeply concerned about what the politicians and an increasingly politicized military brass are doing to America's brave warriors. If you are not concerned, you should be. Buy this book! Thank you SFC Stewart for your service and thank you Bob McCarty for shining a bright light on this travesty.
An aside, you should “try” a kindle. I didn’t think I would like it either, but adore mine, it goes everywhere with me, with many books.
Thanks for the info. I am sure I would enjoy a Kindle, but rught now I am STILL learning how to use my I-phone! I just recently ordered an “I-Phone Book For Dummies”. I need one, for sure!:)
Hi Friend, Looking forward to November when we will get to meet up again! Here’s hoping weather is being nice up there and for your trip!
Oh... not complicated at all... my son has an Android, and I get so frustrated with it... but the Kindle is just about 4 buttons you use, for the most part. Back, forth, and home and the arrow keys to go up and down to select what book to open.
Thanks very much, seekthetruth!
Your screen name is most fitting, huh?
Miss you a lot, sweet and dear GF!
As I mentioned earlier, it appears that you got unjustly screwed by the Army, but I’m NOT convinced that you also got screwed by USAA. You asked how was it that USAA kept you in good standing for some years after you were convicted. I’m guessing that no one there was aware of your problem, and after they became aware, they took action. The passage of time is irrelevant. You are, after all, a convicted felon with a prison record and for now you remain so. The whole story on USAA’s take on this is not yet known, but I wouldn’t bet on you winning any big judgment.
Good luck in your appeals process.
Just adding another Freeper ping here to bring attention to Kelly Stewart's story.
Also a reminder that Bob McCarty, author of “Three Days In August: A U.S. Army Special Forces Fight For Military Justice, will be appearing live for an interview on Commonsense Coalition Talk Radio tomorrow 10/20 at 10:00AM Central, 11:00AM Eastern. Folks can tune in to listen here:
Sorry, I replied to you by mistake. Forgive my old eyes and me.
If anyone happens to read this who has an account with USAA, please let me know if you found the USAA standards clients must meet. Would think those who have USAA accounts would know what they are since they must also meet the standards.
Forgive this reply if I missed the USAA standards for their clients being posted.
Sir, I failed to mention that during the conversation, prior to the reading of the articles by the USAA employee I was asked if I was in prison, I asked what does this have to due with this. The USAA employee stated the have a documented call from my wife who has a power of attorney, and my wife told them I went to prison and the call was from AUG 2009, and needed all info about my account. I then stated well I am not in prison now. This is when the under writer read the articles from the stars and stripes paper. As far as judgment against USAA. If they can produce a contract that I signed stating I am aware at anytime they can do what they have done to me then no problem, but I will say that I have legal counsel, I will say I have grounds that USAA made mistakes for which they are liable for. Now this is well above me. For me it isnt the money. I think about some PVT with a spouse and children being in this financial situation. I am fortunate that my father and others have helped out. I thank you for your well wishes on appeals.
De Oppresso Liber
It may come as a surprise to you all, but USAA is under no obligation to provide insurance or any other services to anyone whether you agree with their standards or not and whether they are posted or not. That contract “thingy” that you didn’t sign goes both ways, eh? Like I already said, the whole story isn’t out yet but the more I hear about this, it is starting to look like a search for “deep pockets”. Besides, even if the company treated you harshly, they did not cause your problem, nor convict you, nor imprison you, nor otherwise screw up your entire life! All of that is between you and the Army.
Reminder: If folks want to listen in this morning to the author of “Three Days In August” tune in here at 10AM Central, 11AM Eastern:
SHOW JUST STARTED! Bob McCarty on now!
Anyone listening? Wish to comment back and forth as we listen?
Bob mentioned Michael too!
IF ANYONE IN FREEPER WORLD BELIEVES KELLY STEWART RECEIVED A FAIR TRIAL, PLEASE TELL ME HOW YOU CAME TO THAT CONCLUSION?
Let me see if I can understand your accusation of deep pockets. USAA freezes this couple’s funds, cancels accounts, becaue SFC Soldier Kelly Stewart doesn’t “meet their standards”. This couple did not instigate any action here, USAA did! Now you accuse this couple of searching for “deep pockets?!”
Kelly Stewart’s wife is an active duty Hero, getting ready to deploy to go and fight to keep people like you safe! She has two daughters she is trying to provide for and this company torments her with this kind of action! And this company actually advertises “they care!!!”
I think USAA’s actions here are callous and extremely uncaring and I can certainly understand SFC Soldier Kelly Stewart’s anger. If i had accounts with USAA I would cancel them. I don’t believe in kicking a family when they are down!
I suppose Cracker, you think this man should just roll over and accept any further injustice leveld at him and his family, no matter what. I get the creepy feeling you enjoy seeing people get kicked when they are down.
Keep fighting Kelly! Never give up!
As always, if you wish to be removed from my ping list just let me know through FreepMail. If you asked before and was pinged here, please forgive this ping as I lost my updated list. Just request to be removed again. Thanks!
Tune in on line Friday evening 10/21 at 8:00PM central, 9:00PM eastern for an exclusive interview on the Andrea Shea King Show! http://www.blogtalkradio.com/askshow
Bob McCarty, author of “Three Days In August: A U.S. Army Special Forces Soldiers Fight for Military Justice” and John Stewart, father of Army Sgt. 1st Class Kelly Stewart will appear live for an interview with Andrea. You won't want to miss this informative interview!
Thanks so much for the info. I really didn’t know anything about the company so welcomed info. Just seemed their keeping Kelly’s wife from her bank account was wrong, as she certainly was not guilty of anything!
Having just come across this story
(and all I know about Bickle is from that website) Im beginning to think these guys are all being set up. Couldn’t imagine why that would be... in a lawful society.
One of the commentators of this story claimed those who testified against Bickle were of less than sterling character and plea bargained out for testimony.
Mighty peculiar a Green Beret and a Seal getting trampled on like they did. And there was little publicity about either case as I recall. I’m wondering now how many others there might be that we haven’t heard about.
Yes, the bank part is insane. The insurance part is no surprise to me, but how the hell can they freeze her money? That part makes no sense at all.
Thank you so much for sharing.
I agree with you totally! To convict a person on the testimony of a bad character witnesses is terrible, and to do so by not allowing the person to bring the “character” of their accuser into the court proceedings or even witnesses to refute the accuser!
Here is another question. Say they had paid their year premium on their home and car. Then USAA cancels their insurance before the year is up. Wouldn't USSA pro-rate and issue the Stewart family a check for months they paid for but didn't get to use because they were not insured?