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My son met a 29 year old woman at a disco and that night she offered, as stated in the trial according to Stars and Stripes, to “take him home for a one night stand”.  Sometime later the destination was changed and they took a taxi to the hotel room of my son where, as admitted by my son in the trial,  “I had consensual sex with the woman.”  Sometime thereafter, the lady departed for home via taxi.

 Three months later the woman filed criminal charges outlined below and a general court martial was held nine months later.

 The charges are as follows and ach count was pled not guilty by my son: 

a.       Engaged in sexual intercourse with violence and prevented the accusers escape. 

b.      Engaged in two separate sexual acts with violence and prevented the accusers escape. 

c.       Engaged in a sexual act that including biting of the accuser. 

d.      Communicated a threat to “Do what I say and nothing will happen to you, otherwise you know already”.

e.       “Willfully and wrongly inveigle and hold [the accuser] against her will.” 

f.       Committed sodomy without the accusers consent, two counts.  .

g.      Unlawfully struck the accuser about the body and face. 

Let’s take a look at the charges.  An accuser makes extremely controversial and serious charges without physical evidence or witnesses to substantiate the accusation and for some reason the Court Marital Board is convened as a result of those accusations.  I offer the following comments: 

a.    There is no physical evidence and the findings appear to be achieved on a "she said" and "he said" basis. 

b.   The accuser waited over 3 months to file the charges.  Obviously no DNA evidence is possible.  Why were the accusations not reported in the early hours after departure, or the next day, or the next week?

c.   Why did the accuser issue a charge of being held captive when, as reported by my son's lawyer in Stars and Stripes, she had every opportunity to leave the room and hotel while my son was showering?  Why did she fail to use a telephone in the room to call for help while he was showering?  Why did she leave her telephone number with Kelly before departing? 

d.   It was reported to me that “she visited a physician a few days later for another matter" and there was no report of marks, bruises, bites, etc. despite those accusations of physical abuse being introduced at the trial, without evidence, which become a major point in the trial.

e.   Why was a previous history of psychiatric care for the accuser  not allowed to be introduced as evidence , particularly when you consider reported emotional outbursts inside and outside the trial area as described to me by an observer?   Did the Board become influenced by this behavior rather than actual facts?

f.   Why were guilty charges implemented in some areas where it would not have occurred without being found guilty in other areas where he was found not guilty? I use the charge listed in findings as Chg I, Art 120, Spec 1 as example where a not guilty finding for the accuser being held captive was issued; however, a guilty finding is issued for Chg II Art 134, Spec 1 finding Kelly guilty for holding her captive.  It makes no sense.

g.   I have been told the guilty finding for being held captive was because he used “Antonio” as his nom de guerre that evening at the disco.  What is apparently unknown in the trial is the fact that Antonio has been a derivative of his middle name “Anthony” used for many, many years.  I can provide statements that would confirm Kelly used that name throughout his childhood, high school, post high school employment, and even upon entering the military during social activities.  Especially when dating.  Why was this fact not considered at the trial? 

h.   If the acts described were as physical as described by the accuser, it is quite obvious some noise must have occurred.  Why did every interviewed hotel resident near their room, including American servicemen,  fail to hear anything to indicate the reported physical abuse?  Why did the accuser not scream, hit a wall, or yell for help?

i.    I have been told a taxi driver described her condition upon leaving the hotel to go home as being disheveled.  If, as my son described, a night of drinking and consensual sex occurred into the late hours, someone may not look normal upon departure in the morning.

j.    Why were there initially appointed members to the Board who reported, or had reported to a senior member of the Board?  I have been told two members were let go.  Were these the subordinates to the Board member, or did one or more remain on the jury that could have been influenced by the senior member?  More importantly, who could possibly even be considered as unbiased when making a decision to appoint multiple people to a trial, knowing they had these personal or professional connections that in all probability could not provide a fair, impartial decision in the trial?  I understand from the defense lawyer that only one additional member of the board needed to find Kelly not guilty to obtain acquittal.  Who were the people that found him guilty?  Were they the aforementioned jurors reporting to a senior officer on the board?

k.   The accuser freely admitted she was taking Kelly home for a “one night stand” after meeting him at a disco on Aug. 22 last year, but when plans changed she instead accompanied him to the hotel room via taxi.  The board found him guilty because he “inveigled (to win over by wiles, according to the Merriam-Webster on-line dictionary) and held her against her will?”   When being transported by taxi to the hotel why did the cab driver fail to note she was in distress from doing so against her will?  Upon arrival at the monstrous hotel complex, why did she not say something to anyone in the lobby, hallway, elevator, etc., that she was being taken against her will?

l.    Why were there no Board appointees from Special Forces?  Why were there no women?  Each being able to relate to the situation and parties involved.

m.  Why was a delay in trial not granted, as requested by the unit, because all personnel were on block leave for the month of August and those who could testify in Kelly’s behalf were on leave?

n.   Why was the new unit commander told to stay out of the ongoing investigation and subsequent trial?

o.   Even after sentencing and transport to the hospitals there were some strange occurrences.  As example, when we went to Walter Reed Medical Center to visit Kelly we were informed he would be transported to Leavenworth in a few hours and we were denied permission that day to see him before departure.  This occurred despite the fact that I, my daughter, Kelly’s spouse, and Kelly’s child had spent a small fortune to travel to the hospital.  When I queried the head guard, an Air Force Tech Sergeant, I was told that someone with “very high authority” had ordered them to not let us see Kelly.  When pressed the guard to identify this individual the request was refused and we were prevented from saying goodbye in a rush that can only be described as cruel.  Here is a human being, nearly dying two days prior, still very ill, with IV’s in his arm which are removed about 5 minutes after we asked to see him, and then he was rapidly whisked away in a wheel chair covered by a blanket to an awaiting car.  Despite the fact I told the hospital staff, including a senior officer, that my son was completely suicidal, having attempted to do so twice in the previous week, and stated his intent to end his life when given the chance.  If this is not what could be described as “higher authority” involvement, then I don’t know what it could be!

p.   Were the trial findings based upon pressure from the host nation after numerous high profile news items around the country?  After reading statements by German police officials and newspapers I have no doubt pressure was placed upon all involved.  Even our own newspaper, Stars and Stripes Europe, refused to print a letter I sent them that pointed out the many trial and printed discrepancies in rebuttal to news stories by them and German newspapers..

q.   I have been told time and time again by active duty and their family members that as a Special Forces soldier with an going Army program regarding sexual harassment, it led to my son being railroaded into this conviction as a beacon for the program.

Was this a fair trial?  Are the charges valid without actual evidence other than a personal statement?  Was all evidence presented that should have been?  Was a fair judgment possible with the pressure being applied by the ongoing military sexual harassment program that is constantly promoted in military media?  Was a correct verdict even possible when you consider the extreme pressure being applied by the host nation law enforcement officials and media?