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Approximately 40 minutes prior to reporting for sentencing, Kelly called my wife and me.  He stated that he was completely innocent of the charges and that he would not go to prison for something he had not done.  He would not humiliate his family over something he had not done.  He would not be considered as a sex offender for the rest of his life.  He would not give up his military career, which was the love of his life.  I again begged him to be rational and not do harm to himself or others. 

Kelly told me he loved me.  Kelly told his mother he loved her.  He told me to tell his children he was a good man and then he hung up the phone.  I notified his wife in Germany of the conversation and my concern about his mental state and suggested someone over there should be notified.  Unfortunately nothing could be done fast enough because Kelly disappeared from the hotel.

During the next few days there were news reports containing headlines indicating a dangerous, special forces troop had escaped custody and was hiding in the Black Forest.  First of all he was never in custody.  Secondly, I believe he was simply hiding in a local town and was not hiding in the forest.  Though if he had done so it would be difficult to locate him, based upon Kelly’s training as a Green Beret as stated by the German investigator. 

Kelly's spouse, an active duty Army nurse, was forced to sign a statement in her unit preventing any contact with Kelly under penalty of disciplinary action. 

The fact that he was never placed into custody by military authorities and escaped became a matter of great concern by German authorities and has now initiated a review by the Army.  These subjects can be read on the website within newspaper items by clicking on “News Reports”.

Over the next few days the search continued and finally Kelly called me.  We discussed his situation and I begged him to turn himself in before something happened or someone was harmed.  He stated he would never harm someone else, but he was not going to prison or live with the stigma of being a sexual offender when he was totally innocent of all charges.  He again professed his love for his parents and asked that I ensure his children knew he was a good man.  He said, “Dad I just want you to know I am innocent.  I love you.”  He then hung up.

Prior to this last phone call, or immediately thereafter, Kelly crushed approximately 150 Tylenol pills and 50 sleeping pills and drank them with a bottle of Gatorade.  As a Combat Medic he had the technical knowledge of what could be used for sure death.  Reflecting on that final conversation I firmly believe he had already harmed himself and he believed he was dying at the time we spoke.  His declaration of innocence is in my mind a deathbed statement. 

Not having access to his medical supplies for more potent medicines I suspect he purchased the pills at a local pharmacy.  Later he began vomiting and having other medical problems from the ingested medicines and probably noting it was not going to work he proceeded to a local military sniper range at some point and hung himself with a cat 5 cable.  Fortunately, the cable broke before he died and I understand he laid on the ground that night unconscious.  The next day or some point thereafter I understand Kelly contacted military authorities and turned himself in without revealing his planned death or drugs in his system.  Kelly was taken to the Mannheim jail and sometime after being placed in the jail he began vomiting and passing blood.  I was told he was taken to a German hospital whose staff believed he was diabetic and injected additional drugs causing more problems.  He was then transported to the Army’s hospital and Landstuhl where the reports I was receiving second hand (no notification whatsoever by the Army) was that he was in critical condition with major organ failure possible.  I had no visa or passport but my wife is a German citizen and we immediately made arrangements for her to fly to his side and to help his wife and family.

My wife arrived in Germany but 2 hours prior to landing Kelly was airlifted to Walter Reed Army Medical Center because of his condition.  My daughter and I immediately made plans to go to that hospital from our home in the Midwest.

Arriving at Walter Reed we were told we could only visit Kelly for a maximum of two hours per day.   Kelly was under guard and shackled.  He had improved but physicians were concerned about his liver and kidneys.  He remained extremely depressed and repeatedly expressed that he would not live under his circumstances and would do something to himself given a chance.  I asked a nurse whether he had been visited by a psychiatrist and was told a “behavioral specialist” had come by.  I talked to a newly assigned member of the staff, a Lieutenant Colonel, and expressed my concern about Kelly’s suicidal state of mind.  I was promised the matter would be taken care of, but I know of nothing that was done.

Kelly’s spouse and baby flew in the next day and were able to visit Kelly once and it somewhat helped Kelly’s state of mind, but he continued to adamantly state he would not accept life in this manner when he was innocent.  Meanwhile his condition improved, though he was weak and remained ill while physicians were concerned about his liver and kidney functions.  It was difficult dealing with the guards throughout our ordeal but I understand they were simply following orders.  One in particular, an Air Force E-6, was extremely disrespectful towards me during phone calls when we were trying to set up visitation and I assumed he thought I was simply a civilian.  I finally had to inform him at a subsequent call that I was a retired E-9 and afterwards I was treated a bit more civilly.  I wonder, however, if this is typical of treatment towards civilian family members during such situations.  If so it is unacceptable considering the circumstances of the family.  I remember his final comment when they wheeled our son away that was loudly expressed in front of our family and hospital staff that he was “very good at his job.”  It was nearly comical at the moment and the statement should be considered as a matter of personal opinion and mine should not be included here.   I guess the services have changed since my departure when an E-6 can now be disrespectful to an E-9.  As has the military justice system changed for the worse.

On our third day we were informed that Kelly was going to be moved to a confinement center.  I expressed my concern about this because of his medical condition and mental state, but no action was taken by the medical staff or guards.  Family members and I went to the hospital in the early hours of that third day for the daily two hour visit and we were told he could no longer be seen because he would be moved in a few hours to Quantico, where a Marine jail was located, pending transfer to Leavenworth Federal Prison.  We asked permission to see him, or at least say goodbye, but our requests were denied by the hospital staff and guards.  I was told by the guards that we could not see him because of orders by a “higher authority.”   Someone, somewhere was placing emphasis on ensuring my son and family would continue to be treated badly and unfairly.

Within a few minutes of that conversation Kelly’s IV’s were removed, he was placed in a wheelchair, covered with a blanket, and wheeled out of the hospital to an awaiting car while looking extremely ill and frail.  The "moving in a few hours" suddenly became a few minutes.  We were only able to wave to Kelly from a distance.  It was the last we ever saw of him as he was moved to Quantico, Virginia.  Approximately two days later he was flown to the Federal prison at Leavenworth, Kansas.  We had had no further contact with him nor word of him despite being promised a call would be received once he was safely there. 

Throughout this entire episode we have never been contacted by military authorities to inform us of Kelly’s status, including his medical condition, which at one time was considered critical.  Usually parents of a soldier will be notified when such a condition exists, or at least that procedure was followed when I served in the military.  Our only contact outside of friends was a unit representative sent to accompany Kelly who diligently tried to keep us abreast of happenings.  We understand it will be weeks before any visitation can be obtained and after reading reviews on the internet about visitation I can see it will be truly a nightmare in doing so.

I repeat, this is not the military I served in for 27 years.  We had fair justice.  We took care of our own.  When I asked about an appeal, I was told by the military and legal system that one could be filed but it would take “one or two years to do so.”  Meanwhile an innocent man sits in prison.  It is sad to experience this type of action from the system I loved with all my heart and served honorably.  As a military retiree, I am embarrassed by the entire episode from start to finish, particularly the Board appointed to hear the accusations.

How can anyone, in the military or as a civilian, be found guilty of a crime without specific evidence?  Is this the American justice system we are supposed to have in place?  It is a dark spot on military justice and one that needs thorough investigation.

The future.  My son will be incarcerated for up to 8 years.  He is bankrupt from legal fees, etc.  His wife and children are without a father.  He will be a convicted sex offender and will never even be able to take his children to school.  Finding a job afterwards will be near impossible.  His military career is gone, one in which he served with honor for 11 years, including heroic service in Operation Iraqi Freedom and the war in Kosovo.  I remember one of his sergeants, for example, calling me from Iraq and telling me how Kelly had saved his life while in battle.  He said it was the bravest thing he’d ever seen.  That is my son.  A man of honor, not a criminal nor sex offender. 

Meanwhile, we press on.  We cannot file an appeal according to legal support for at least 1-2 years.  We must simply wait as my innocent son rots in prison.  We fully expect him to take his own life given the chance.  His spouse and myself are near bankrupt over expenditures to this point.  Our daughter even spent her entire children's Christmas savings to go to Walter Reed Medical Center.

We need your help.  Click on the main page link to find out what you can do.  Thank you for doing so.

May God help us.  Those sitting on their asses doing nothing to rectify this injustice are the true criminals.