Posted on 11/06/2004 9:30:29 PM PST by Former Military Chick
CHERRY HILL, N.J. (AP) - A lieutenant in the New Jersey National Guard - sent home after she was allegedly raped on a Mississippi base - has been declared absent without leave in an attempt to force her to return to her old unit, her lawyer charged.
Attorney Frederick Klepp said the Army has not responded to his proposal that the lieutenant be allowed to report to a New Jersey base to avoid prosecution. She would then begin the process of leaving the Guard, Klepp said.
The woman told The Oregonian newspaper she met the alleged attacker Aug. 8 at a bar at Camp Shelby, where she was stationed. The man also is an officer in the 278th Armored Cavalry Regiment.
She refused an invitation to his quarters and turned down his request to go home with her, she said.
He persisted, she said, and followed her home and turned up in her room, where he allegedly raped her.
She said the Army initially did not want to grant her convalescent leave. A base chaplain, however, helped persuade authorities to let her return to her New Jersey home. Klepp said she has been in counseling.
"I completely do not trust anything military at this point," she told the newspaper.
But she has since learned that until she returns to her unit, she can be prosecuted in military court for being AWOL. "That's just out of the question," Klepp said of her return.
Capt. Brett Carter in the judge advocate general's office at Camp Shelby refused to comment to The Oregonian, which first reported the story Friday. "She is being processed for being AWOL" while the investigation continues, he said. "We're diligently working on it as quickly as we can."
A spokeswoman for Camp Shelby did not immediately return a call Friday from The Associated Press. (PROFILE (COUNTRY:United States; ISOCOUNTRY3:USA; UNTOP:021; APGROUP:NorthAmerica;)
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October 26, 2004
An Act of Betrayal: The Rape of 1stLT Jennifer Dyer
By: Jack Dalton
On August 8th 1st LT Jennifer Dyer was attacked and raped and has stated it was 1st LT Michael Hall of the 278th Regimental Combat Team at Camp Shelby, MS. This is where LT Dyer along with her unit, the 250th Signal Battalion, N.J. National Guard had been sent for pre-Iraq deployment training.
Jennifer could be your daughter; your sister; your fiancée; your wife; your neighbor. A degree in Political Science, working for a career in law enforcement and serving her country in uniform, she is without a doubt, the “all-American girl” so to speak. All of that has been turned up-side down because of an animal posing as a man, 1st LT Michael Hall, stands accused of her rape. Jennifer is as much a casualty of war as anyone can be—only she was “wounded” by what was supposed to be one of her own, someone wearing the same uniform.
After reporting the rape the Army took Jennifer to a civilian Hospital emergency room for treatment, after which she was held in seclusion by the Army for three days. During this time military CID agent Eric Barreras informed Jennifer of her Miranda rights and then proceeded to threaten her with criminal prosecution for filing a false report. Further victimize the victim, that’s the Army way. And this nation has the audacity to talk about the “rule of law.”
The Army took her to the Hospital and now the Hospital is billing her for the charges as the Army has refused to pay the bill according to Jennifer in a previous conversation. Additionally, the Army told Jennifer she was to take a lie detector test which she agreed to readily. When Michael Hall refused to take the same lie detector test, the Army told Jennifer her test would not be necessary, but, I’m getting ahead of myself.
It wasn’t until Jennifer’s fiancée, Edward, who is a New Jersey police officer, arrived at Camp Shelby on August 13th and took her off base was she finally able to get some semblance of counseling and additionally medical treatment. The Army had given her none and had not set any appointments for her even with the base medical people. And it’s a good thing Edward did get her some additional medical care—it turns out that her accused rapist, Michael Hall, is Herpes Type 2 positive, and unfortunately, now, too, is Jennifer.
Under pressure, the Army gave Jennifer two weeks leave to go home and “get over it.” In a phone conversation with Edward a couple of weeks ago, he told me how when Jennifer called Camp Shelby to request an extension of her leave, so she would be able to continue with the counseling and medical treatment she is now receiving, Lt Col. Powell, the base psychiatrist, she told Jennifer that “two weeks was a generous amount of time for leave” and that “it was enough time for the victim of such a crime to be recovered and returned to duty.”
Right now Jennifer is listed AWOL. Her attorney, Fredrick Klepp, klepplaw@aol.com, is being stonewalled by the Army about Jennifer. The Army has demanded Jennifer return to Camp Shelby, the place where she was not only raped but where her accused rapist, Michael Hall, is still running around as if nothing ever happened. There is something terribly wrong with this picture!
Everyone involved with her care all say the same thing, it would be an un-mitigated disaster for her to have to return to Camp Shelby. A compassionate transfer request by Jennifer was denied by the command of the 278th Regimental Combat Team, to which Jennifer is still attached. Anyone in their right mind and with just a modicum of compassion would understand that a transfer out of the 278th is warranted.
She should not be in this position in the first place as she had resigned her commission in October of 2003. But due to a failure on the Army’s part, her paperwork had not been completely processed and she was called back to active status in March of 2004.
What compounds this situation Jennifer now finds herself confronted with is the “Feres Doctrine” which VERPA—the Veterans Equal Rights Protection Advocacy, Inc.—has been fighting for over ten years. This has turned all military personnel into second class citizens as it prevents those in uniform, and veterans, from bringing action against the military for harm done—you may find detailed information on the Feres Doctrine at VERPA’s web site http://www.verpa.org/
According to Byron Holcomb, an Oregon attorney, it was his case “Buckmiller v. U.S.” “in 1983 that first brought to the attention of the public the problem of rape in the military. The Army relied on [the] Feres [Doctrine] saying that rape was one of those incidents of military service. Until congress repeals Feres and particularly this abomination, rape will continue to be a significant problem of our military.” He goes on to say, “this will change when congress changes the laws and every congressman should be made aware of this.” I am in total agreement with Mr. Holcomb on this.
In the meantime we need to give our support to this young woman, we must become the “cavalry to the rescue.” We can help her by making calls and sending letters—actually as many as needed for as long as needed. What has happened to Jennifer is an outrage, what the Army is now doing to her is a complete act of betrayal. Something is terribly wrong when citizens have to try and force the military to treat a victim of a crime, rape, with the respect, compassion, and just treatment she deserves.
When considering this, ask yourself this, what if this were your wife, your sister, your fiancée, your daughter—what would you do to help her, to protect her, and then take it from there.
Below are some of the numbers that should be called. If and when calling be sure to be as polite and courteous as possible, but be firm in expressing your opinion at the treatment Jennifer is receiving. This is an opportunity to truly support the troops by rallying to Jennifer.
Also, as this is on-going, there will be updates made public on a continuous basis until this is resolved. Jennifer’s full statement may read at the following link http://oldamericancentury.org/jennifer.htm All available information will be located there as well as my own web site www.ommp.org
I would start with Capt Price that is who Mr. Klepp has talked with to no avail. Col. Powell’s number is listed also. At the end of the list of names and numbers, is Jennifer’s statement about what happened and this whole sorry chain of events.
Capt Price, Staff Judge Advocate Office Camp Shelby, MS 601-467-1990
I gathered as many numbers as I could. If I am able to get any more, I will send them to you. Thanks for your time and efforts, I hope this is helpful. • Jen
278th Regimental Command: Regimental Commander: Colonel Adams (Unable to get a direct extension, but can be contacted via administrative staff) (601)558-4196 Regimental Executive Officer: Lieutenant Colonel Honeycutt (601)588-2782
278th Regimental Headquarters Headquarters Company: Company Commander: Captain Ray (601)558-4501
Camp Shelby Medical Facility: Psychiatrist: Colonel Sara Powell (601)467-1107 (601)558-2547
Medical Deployment Officer: Major Sullivan (601)297-4229
Senator John H. Adler, Democrat District Office: 1916 Route 70 East, Suite 3, Cherry Hill, NJ 08003 (856)-489-3442
And here is a listing of New Jersey newspapers if you would care to write or call them as well.
The Star Ledger 1 Star Ledger Plaza Newark, N.J. 07102 1-888-782-7533 This is the paper of record in New Jersey
The Courier Post 301 Cuthbert Boulevard Cherry Hill, N.J. 08002 (856)663-6000
The Burlington County Times 4284 North U.S. Highway 130 Willingboro, N.J. 08046 (609) 871-8000
The Gloucester County Times 309 South Broad Street Woodbury, N.J. 08096 (856) 845-3300
Philadelphia Inquirer 53 Haddonfield Road Cherry Hill, N.J. 08002 (856) 779-3840 New Jersey Office
The Press of Atlantic City 11 Devins Lane Pleasantvill, N.J. 08232 (609) 292-4935
Jack Dalton is a disabled Vietnam veteran very involved with military and veterans affairs. He can be reached at jack_dalton@ommp.org additionally all info on Jennifer will be posted on his web site www.ommp.prg
An now, for the rest of the story:
This alleged rape victim, 1st Lt. Jennifer Dyer, is quite a celebrity among antiwar--antimilitary--activists. When Dyer reported the alleged rape and even named an alleged rapist, she was taken to a civilian hospital for a rape exam. I don't know if there is a base hospital at Camp Shelby or not, but a friend who is a retired AF JAG officer said that there is a distinct possiblity that the civilian hospital was set up with a rape exam unit, where specially trained nurses and doctors collect and preserve DNA and other evidence to be used in court.
Apparently, there was no evidence that the lieutenant had been raped. And, in spite of her accusing a fellow Army officer of raping her, there was no evidence to arrest him.
It appears to cynical me that Lt. Dyer was willing to do or say anything to keep from being deployed--even if by doing so, she dragged the name of another military officer through the mud.
The lack of evidence hasn't deterred the antiwar, antimilitary activists from making Lt. Dyer into a victim of the Big Bad Army Establishment, however.
I hope the Army fights this case.
Here's and example of the information that is being circulated by the Army-hating group: Correspondences - News By the People For People: An Act of Betrayal: The Rape of 1stLT Jennifer Dyer.
There is always more to the story than meets the eye.
Let me guess... she is a leftist activist who joined the military for the purpose of attacking it? When did she join?
It sure looks like someone has an agenda here.
This is also not a Company or Regimental Commander issue, but a flag rank issue to be resolved in other fashion. She's an officer so she is also aware of Sexual Harrassment laws and IG processes.
No reason for direct phone numbers to be posted to antiwar group websites other than providing more ammunition for any prosecutor to shed more doubt on her veracity.
I don't see any defense being present to avoid the charge of AWOL. Let it brew towards desertion.
When these little tw*ts do this sort of stuff it makes it very hard for women who have really been assaulted. This is the kind of story you get from the infection of liberalism.
She's had no problem running to various leftist media outlets and spilling her guts. If it is such a tramatic time for her, why does she insist on reliving it by granting unsolicited interviews?
During times of war, convicted deserters are to be put to death by firing squad.
Unfortunately we do. As a result of the declining birthrate (you pick the cause but there are 40,000,000 dead) there is not the pool of young men there used to be. Unlike the US labor market we can't fill it with illegal aliens.
That said, there are jerks out there and anything can happen.
I said this very thing to my mother yesterday after reading an article about the Kobe Bryant accuser. The article said she discussed the award she hoped to get from a civil suit, but she said that while she was waiting for the criminal case to come to trial. She was looking ahead even then to big $$$ and had plans to spend the $$$. She was going to get herself and a friend breast implants and also give another friend a live koala bear.
The women are a danger to us, they cry wolf and God forbid we're ever raped, it will be harder for us to prove it.
GRRRRRRRRRRRRRRRRRRRRRRR
Actually the top or first story is AP, the bottom one is from another source just putting a web page to the info passed along from my friend.
"She should not be in this position in the first place as she had resigned her commission in October of 2003. But due to a failure on the Army’s part, her paperwork had not been completely processed and she was called back to active status in March of 2004."
Hmmmm. This says it all to me. Plus, IMO, if the CID agent decided to not pursue rape charges and pursue false witness charges against the alleged victim I'm thinking they had good evidence she was lying. Do the math - which is a bigger fish to fry - a rapist or a liar? If the CID agent had any evidence of rape the other 1st Lt. would be rotting in a holding cell until trial.
Hippies...Make...Me...So...Mad...
Well she had to have an explanation for her fiancee for having sex with someone else. However, it does sound like not going to Iraq is certainly a motive to consider. Through all these articles there is nothing from the alledged rapist. We should have ALL the facts before making a judgement on something this serious.
It is all about entitlement. At least that is my impression. The chick involved with Kobie had never held much credibility but I was waiting to pass judgement until I had heard all the facts. Well, they dropped it and now we learn through drips and drabs what she really wanted and it was not justice just a free ride. I am sure she is a democrat.
When I was an OSI agent with the Air Force, at least 40% of the rape allegations that came in were false. Rape was the easiest thing to claim in a variety of situations to either avoid the consequences of missing a formation, explaining poor performance, or indulging regret after an act of infidelity. We investigated all allegations with an open mind, but were always cognizant of the possibility the claims of the victim may not be valid. Then Pat Schroeder decided to make military rape allegations her pet cause, and waved around some bogus statistic that only two percent of rape allegations turned out not to be true. Anyone who ever investigated such crimes knew such a statistic was ridiculous, but the Inspector General of the Air Force made the rounds and told us we were basically no longer allowed to consider the possibility of a false allegation. Instead, we just had to amass as much evidence as we could for our report and pass it along to the JAG. It was the scariest thing I ever experienced. Even though just a young captain, I spoke up to the TIG about how dangerously wrong such a policy was. He more or less said his hands were tied because it had become a political issue. I'd be very suspicious of this case.
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