Skip to comments.“Three Days in August” how a Special Forces Medic was railroaded by German protection laws.
Posted on 01/25/2012 9:54:29 PM PST by seekthetruth
On August 22, 2008, Army Special Forces soldier Kelly A. Stewart made a huge mistake: he had a one night stand with a woman who was not his wife (who is herself another soldier). Its a mistake hes been paying for over the intervening 3+ years, and will be paying into the future. But was the punishment equal to the mistake? Thats the central question posed by Three Days in August: A U.S. Army Special Forces Soldier's Fight for Military Justice by Bob McCarty.
I actually read this book on my vacation in Cabo all the way back in October, but havent really been able to get thoughts on paper about it until now. I cant say it ruined my vacation or anything, but the book is incredibly troubling on many different levels. Ive tried to get some ancillary information from sources I have within the military justice system, but most folks were either ignorant on what happened here, or happened to be somehow involved, and were thus loathe to discuss it.
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 two days for the panel to find Stewart guilty of numerous sex offenses and another day for them to 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.
(Excerpt) Read more at burnpit.us ...
I read it, including the comments following. IMO any anonymous gal who wants you to bang her after dancing for what, an hour? two? in a disco is probably a couple of sandwiches short of a full basket to begin with. Flame away;)
I get a 403 Forbidden when following your link ... :(
OK, she was crazy. And why didn’t she get in trouble too? Still it seems that for one troop to have a fling with another is a more serious thing than for either troop to do it with a civilian. They are not risking just themselves, but other force members.
http://burnpit.us/2012/01/three-days-august-how-special-forces-medic-was-railroaded-german-protection-laws Also sending a Florida Freeper ping here.
Kelly Stewart’s wife is a member of the military.
Oh, I see. Well that’s Germany for ya, I guess. When in Germany, do as the Germans do.
I have a funny feeling that I am being blocked from Europe ... now on a different PC and a different provider (@work) and I get the same 403 Forbidden ...
Bravo American Legion!
I am so very very grateful to the American Legion for this article!
My comment is below. Please post on this story. My comment hasn't posted yet but hopefully it will soon. This Special Forces Soldier needs our help and our support! Kelly Stewart cannot leave Virginia to be with his family in Colorado unless he admits guilt (that he is a sex offender). He isn't a sex offender, he is a highly decorated Special Forces Army medic who made a mistake!
His wife will deploy to Afghanistan soon and an aunt will stay with the children.
I ask you to please open up your heart and donate and please send Kelly a letter of support. Kelly Stewart needs all the support he can get right now. The destruction of the lives of the good men of our military who voluntarily risk their lives for all of us will continue until the American people raise their voices in outrage!
The Band of Mothers
My post on the American Legion article:
Thank you so very much for your excellent article, your title says it all! Special Forces Soldier Kelly Stewart was railroaded! Since when does a one night stand by consenting adults lead to a conviction and lifetime label of sex offender?!! Since when do the rights of a women with a lifetime mental health history trump the rights of a Soldier with a chest full of medals?!! What happened here is an outrage! When are we going to stop appeasing other governments at the expense of our Soldiers?!! I will never understand this military allowing the sex offender label to stick on this brave Soldier's record. They have deserted this man and aided in the total destruction of his life! This is shameful! This brave Warrior served and sacrificed to protect all of us and we need to stand by him now and raise our voices in outrage until this wrong is righted!
The Band of Mothers
Ft. Belvoir, VA - April 19, 2012
Message from Beverly Perlson of The Band Of Mothers:
The appeal hearing for Green Beret Kelly Stewart was held today at Ft Belvoir,, VA. I was honored to attend and stand in support of this decorated Soldier who has been wrongfully convicted. I will not even repeat the conviction because it is outrageous and is another sad and shameful case of the railroading of one of our own who served voluntarily to protect us all! You can read about Kelly's case at http://www.savethissoldier.com or you can read the excellent book by Bob McCarty “Three Days In August”.
I absolutely hate the circumstances under which I had the honor to meet this highly decorated Soldier and his highly decorated retired Vietnam Air Force Chief Master Sgt Father, and his warm and wonderful mother. My heart breaks for the injustice this Soldier and his family have suffered due to the outrageous lies told by a woman diagnosed with borderline personally disorder. What is so outrageous and downright criminal is that the court was aware of her history but would not allow her medical records entered into the record!
Today the 3 panel judge heard what I believe and hope will turn this case around for Kelly. Mr Cassara, Kelly's lawyer, made the point that the so called “victim” stated to a Police Sgt that if the government saw her medical records they would never believe her! OOPS! I have no doubt this is the only truth that came out of her mouth through this joke of a trial and how crazy is that statement?!! What is crazier is this Soldier was convicted to 8 years in Leavenworth in a German court based on malicious lies told by a vindictive woman with a mental health history! She was protected, that's for sure, at the expense and detriment of a fine American Soldier!! The outrage is who protected this Soldier?!!!! This case is an absolute disgrace and it is my hope these 3 Judges right this wrong and restore to this fine Soldier the honor and respect he deserves!!!
My special thanks to Jeannie and James for coming all the way from Florida to attend Kelly's hearing and as always, my special thanks to Chad and Ron Kirby for always showing up to support their Brothers. You know, we cheer on these Brave Warriors when they sign up to protect us and we darn sure should do everything we can to help them when they need us!
I have pictures which I will forward when I get home. We will stay in the area so that we can attend lst Lt Michael Behenna’s CAAF hearing on Monday at 9am at 450 E Street NW, in DC. If you can make the hearing, we could sure use your support.
God Bless Our Troops. Please pray for these Soldiers and their families. They deserve our prayers and our support.
Maryland Freeper ping to post # 10
PA Freeper ping to post #10 in hopes folks who live close enough to DC can join us in support of Michael Behenna on Monday, April 23rd!
Standing in support of our heroes whenever we can.
Jeannie & James St.Pete,FL
Intend to see you there
Maryland PING to #9 and #10.
Here is Kelly's dad's write-up about the hearing of yesterday and today's update too.
Those of us present at Michaels hearing today felt the defense had a much better day than the government. The defense argued that the government didnt meet the burden of proof to sustain Michaels conviction. I have felt all along that Michaels conviction set a very dangerous precedent with regard to our Soldiers brandishing weapons in this war. It seems some of the judges felt the same way. Now let me say, seems is a key word. The last appeal hearing I attended for Michael seemed to go his way and that court rendered a decision to uphold the conviction. However, this is a civilian court and the standard seems more reasonable. Seems is the key word!
The decision will be rendered anywhere from 30 days to one year. Please, keep the prayers up for Michael and please send this video to all your lists and ask folks to play this beautiful and haunting song on the radio! And remember please, Michael NEVER Left His Men!
The Ballad of Michael Behenna
If there are requests for a CD, let me know, I will get them to you! My very special thanks to all the folks who came to the hearing: Jeannie and James, Pat, Chad, Ron, Cindy, Dana and Phil.
A very special thank you to Kelly Stewarts dad, John, who left at 2am to make the trip in to attend the hearing. It breaks my heart to see the turmoil the families of these brave Warriors are going through. It shouldnt be!!! God Bless you folks, with all my heart, thank you!!!
And to all of you on this email list, thank you for your prayers for Michael! I made a promise I will never give up until Michael is at home with his family. He is a Hero and if I could, I would trade places with him in a heartbeat.
So, please keep the prayers up for SFC Soldier Kelly Stewart and lst Lt Michael Behenna. Two brave young Heroes who deserve our support, our gratitude and our utmost respect. My family is forever grateful for all they have done to keep us safe!!!
With a Mothers Heart,
THE FATE OF A NATION
Michael Behennas civilian hearing for appeal took place yesterday in DC. I was privileged to attend thanks to the thoughtfulness of my hosts Bev Perlson of the Band of Mothers and Jean Morris and her husband James.
We are there to support Michael Behenna, a young Lieutenant being wrongly incarcerated in Leavenworth for killing an Al Queda terrorist. We are there to support the Behenna family and all of the families of all the patriot soldiers being held in Leavenworth. If not for their willingness to serve, they wouldnt be there. Their families were prepared for many outcomes for their sons as a result of their service, but being a number in prison was surely not one of them.
Learn more about Michael Behennas story here. http://www.defendmichael.com/
As we go through the security screening in the courthouse lobby where a mans fate will be decided, I pray. As we walk up the stairs to the anteroom of the courtroom, I pray. As we gaze into the hopeful but anxious eyes of the family members, as we greet each other, I pray. I pray for Michaels spirit and that of his fiancee Shannon and of course for everyone who loves him.
Yet each conversation held between family and friend at this meeting is in itself a prayer, a prayer that our hopes for Michaels freedom will not only be heard, but that we will see his smiling face out and among the free people he has sacrificed so much to protect.
So many appeals have been denied in the military court, for reasons that mere mortal citizens cannot fathom, dare we believe that this time, in civilian court, reason and righteousness might prevail? We are united in our fear of believing that it might be so, lest Michaels hopes be dashed again.
The courtroom is full but quiet and orderly, the military on the right and the family and friends on the left. The imposing government architecture does its job reminding us of our place in the world, or at least in this court. The atmosphere is positive yet still.
As the trial begins, we are all frustrated by the acoustics of the marble-encased room. We can hear the judges questions, but not the responses of the attorneys. The family and friends of Michael are so well versed in the details of the shooting, that it almost doesnt matter. In a strange way, hearing only the judges questions helps concentrate our minds as to where their prudence might be taking them. We sit hanging to their every word, every pause, every nuance as we struggle to be objective observers in a way that can never be.
I am relieved that the panel of 5 judges seem to have their questions lasered on the cruxes of the matter at hand. They know exactly where to place their legal scalpels. I am relieved that they seem to drill in on the many flaws in the governments case. The judges questions appear to support the belief in the quite unusual and specifically American concept that is the burden of the government to prove its case, not the burden of the accused to prove his innocence.
The questions of the judges are wise, and provoking focusing on matters of the law. They frequently send both the government and the civilian attorneys scrambling for precise references. I find comfort that through the precision of their disciplined and relentless approach to the dissection of the conduct of Michaels trial, that they will see through the flawed government conviction of a patriot and set him free.
Lets all pray that justice will be done as Michael is set free and faith in our justice system can be as well.
hank you for everything
Tune in! Not sure of the time but Dennis Miller is great listening all the way through! Please forward!
My hubby and I have had the honor of meeting Kelly and his parents and we continue to pray for the outcome of his last hearing to be in Kelly's favor. I am 71 and retired, but if I were in a hiring position I would hire Kelly in a heartbeat! Thanks for reading below and helping Kelly in any way you can. Learn more about Kelly here: http://savethissoldier.com/
Jean Morris, St. Petersburg, FL.