You can write Kelly at the address below

Below are chronological updates to the situation beginning with the latest occurrences.

Nothing to report. Kelly is still in Mannheim waiting on transfer or something. Who knows?

Let me first apologize for my self-indulgence depression of my last update. It has been a long year and the telephone conversation with my son kinda caused me to reach bottom of the well so to speak. I rarely talk to anyone about his situation and my outlet seems to be this website. Over the past year I have learned many things not only about myself, but other people. Though it is slowly getting around town, we have not made completely public Kelly's situation in our local social system. That is because we found a terrible result from telling friends, close one's I might add, about it. I would estimate that after my wife or I related the story to them we immediately lost 95% of our friends. Some who we had known for over 30 years. Perhaps they do not believe in the innocence, perhaps they do not want to be associated with a family having a convicted felon, that I do not know. We did, however, discover who our true friends were and they have been amazing in their support, However, I do miss the friends we have lost and sometimes that fact, not having many people to talk to about it locally and Kelly's sad phone calls make me go down the well. I'll try not to let it appear here again. I could erase it from the site, but it is what it is.

Some great news! I have been informed by Bob McCarty of www.bobmccarty.com that he has completed a draft of his forthcoming book entitled:

How Justice was Denied Army Special Forces Sergeant First Class Kelly A. Stewart.

You can visit his website to keep up to date on publication status, or watch this one for updates. I hope that you will buy the book and learn the truth about the injustice. Bob has been tremendous in his support and I'll never be able to thank him enough. Another one of those special people in our world.

Neal Riley, a former Special Forces hero and friend of Kelly's, has been in constant contact with us over this past year. A truly, truly super individual that served America with great honor. He is now a civilian out there in the workforce but continues his outstanding service in supporting our troops with volunteer work when he has the time. He has a site at http://www.horsesforheroes.org/ where their organization is located that supports other military heroes. It is called Horses For Heroes, a non-profit corporation. Cowboy Up! is a horse therapy wellness program based in Santa Fe, NM free to Veterans and active military who have sustained physical injuries or combat trauma (PTSD) during their time serving our country. You can learn more about it at his site and donate to their efforts if you wish to do so.

Anyway, Neal sent me a special present recently and I have been holding it back until we received the decision on Kelly. If that decision was too be bad, as it turned out to be, we knew that a civilian lawyer must be hired to defend Kelly in an appeal and that funds must be solicited to help in that appeal process which will be expensive. As I have told you, Kelly and his family are near bankrupt from legal fees, bills, etc. They have no money, whatsoever, for legal counsel for the appeal. We are now in the process of retaining that counsel on some kind of payment plan, but the money must come from somewhere. I now ask for your help. In reality, I beg for your help. I believe, as does civilian counsel, that an appeal will be successful. General Salazar inadvertently, or intentionally as I prefer to believe, did not address the other charges. As such, we will be able to appeal each remaining charge after the General's ruling. With no physical or witnessed evidence of wrongdoing, I believe success is in the future and Kelly will be exonerated. But, again, we need financial help.

Back to Neal Riley. Neal sent me armbands that you see in photos below. I apologize for the quality but am a terrible photographer. Anyway, to those who have sent donations in the past I have mailed an armband to you. I believe I sent one to every person who donated but if you have not received one, it is probably because I do not have a mailing address. Email me and I will get one out to you.

To those who have not donated and wish to help us, I will also send you one. Simply click on the secure Paypal donation button below to do so, or mail it to the following address. Please make any check, money order, etc., out to me so I can deposit them in the account:

Save This Soldier
c/o John Stewart
3979 North Buckhorn Drive
Beverly Hills, FL 34465

If you have others who wish to donate simply do so and make sure I have their address. I will, in turn, mail them an armband. Please understand I have a limited number of them, somewhere around 25 or so. Be the first to donate to ensure you receive an armband. If you do not have funds to donate, that is ok. Simply email me and if any are left I will send you one for supporting us.

I would like to thank Neal for his contribution and support. You can read a truly astounding account of Kelly in combat with Neal in Bob McCarty's book when it is published. Neal describes Kelly's heroism, but as most heroes do Neal neglects to tell his own story of heroism which Kelly has related to me many times. Aren't these Special Forces troops truly wonderful???!!!

To update you, as of yesterday Kelly was still in Mannheim but I suspect they will move him this week. It is rumored he will be going to Fort Lewis, Washington. He will be filing for parole and I do not know when that board would occur but I am told success depends upon many factors, particularly in having family members being present. As does the appeal hearing that will occur one of these days. We will have to fly there and somehow come up with funds for that too but it must be done. Whatever it takes we will do it.

To those who have sent donations in the past, which is only a small amount of our projected total costs, rest assured that money sits in an account and has not been touched. I have paid out of pocket all expenses to date. After selling our house last month I was able to pay off the expenses for our visit with Kelly at Walter Reed hospital, which was unbelievably expensive, and other costs that have occurred.

Again, below is the Paypal donation button and you can be assured it is secure. It also provides me an excellent audit trail of monies received. I reiterate, should we not use all funds I will refund the amount remaining prorated to the amount of donation received in an even split as best as possible. I wish we did not have to do this but there is no way we can afford everything and I do not want Kelly's spouse to endure such expense and possibly harm her military career too.

Hopefully, I will hear some news regarding Kelly's transfer soon and it will be posted here along with a new mailing address. Those of you sending him mail, magazine subscriptions, money orders, etc., please hold off until we receive a valid address. I want you to know that he is so appreciative of those who have supported him. I, too, join in that appreciation.

I began this morning by putting in some plants and trees to cheer up my lady. She is still quite ill and physicians have not determined the problem entirely. It is not her heart, thanks to God, but her illness appears to be caused by multiple sources that have placed her in extreme discomfort these past few weeks. I think many of the problems are derived from pressure of Kelly's situation. She has developed ulcers and other serious stomach problems, along with an unknown problem causing fainting, numbness in her arms, and other symptoms. Tests are being conducted to determine what is wrong.

So, I tried to cheer her up. While digging a hole for an orange tree I struck a large rock with my pickaxe and probably fractured the same wrist I broke after falling during my stroke in March. Needless to say I did not cheer her up much with this action. Think I will leave agriculture to those with a wee bit more experience.

I received official transcript copies of General Salazar's clemency review and it pretty much follows what I provided in yesterday's report. Two year reduction of sentence for Charge II being dismissed. Three year reduction of sentence for clemency. Upgrade discharge from Dishonorable to Bad Conduct. Kelly is now eligible to apply for parole. If not approved he will have to serve two more years. It'll probably take half or more of that time to get thru a parole board.

It was a long night for all. I spent it trying to determine fairness of the military justice system and it is a difficult decision when you spent most of your life serving in uniform while totally believing in our military court and review system. Thinking long and hard about it, perhaps the General did the best he could. I've heard numerous rumors of "undue command influence" on Kelly's situation. Of course, I hope the decision was made fairly. But, how could it be? Total exoneration would have brought hell from the German press, our own news outlets, etc. Could the General and his command chain accept such pressure? Who knows? I know that an innocent soldier sits in jail with a life totally ruined because of a conviction without any evidence being presented. I know a wife and two children now face a life of living hell. That I do know.

Our next step is to hire a lawyer to being the appeal process. We are in initial stages of doing so. More on this later.

Kelly called me a few minutes ago (2 pm est) and it was very difficult. We discussed what has happened over the past 24 hours and he was as depressed as I have ever heard him throughout this ordeal. We talked about his family and when I asked where he thought his wife would be stationed next tour, the conversation began to become very emotional. Kelly began to cry and he said he had nothing. His career was gone, one that he loved. He said he would now have to register as a sex offender and he did not want his family to have to go through more distress with a situation like that. We talked about it at length and I tried to comfort him as I heard him cry in the background. I, too, broke down but tried to keep it quiet so he would not know. He said that once, people looked up to him, but now all would look down upon him. We talked about that and I described the many people who have come on the website and sent me emails of encouragement. I tried to explain that he had tons of people who still believed in him and his innocence.

We talked about the future and, frankly, neither of us know what it holds for him. Where will he go once released, how will he find a job, how can he support his family, can he even live with them if the area will not allow a registered sex offender. We cried some more.

I am seriously concerned about his wellbeing. The depression must be completely overwhelming. He told me that in his entire life, even during all the horrible experiences of war, he had never been completely down. Now he was down and he did not know how to get up, nor did he know if he would ever be able to do so.

I did everything in my power to cut through his sadness and provide positive statements but I doubt I was successful. At the end of our telephone call he said, "You know dad. I have just realized I have lost everything. I served this country with honor and I have lost my career. I have the most wonderful wife and children and I have lost them. I have lost my future. Dad, I want you to know that I am totally innocent of these charges. Please tell that to everyone. I am innocent and I am so sorry for what has happened. I just do not know what to do now."

Nor do I know what to do now. I have to think about it. If I could only stop crying.

I have received preliminary news regarding the General's decision. Kelly called me and let me know what had occurred. Basically:

His sentence was reduced from 8 years to 3 years. With current time served of one year he will be eligible to apply for parole.

I was advised that civilian legal counsel indicated he was in one way happy but the other very unhappy that all charges were not dropped because of lack of evidence. He believed the General thought something was fishy in the entire process but this was the best he could do and that further action would be taken upon an appeal.

Kelly has contacted civilian counsel to hire for an appeal. He nor his family have money to pay for it so it will be up to us have the funds. Once the contract his signed and amount officially known we will begin asking for everyone's help.

In order for Kelly to even be considered for parole he must have a commitment from someone for a job. Also, location of that job must be a major consideration. Many states are horrendous in having convicted felons, particularly when related to a sexual nature. Florida, where we live, is one of the worst. Too, place to work is a problem. For example, he could not be employed by McDonalds because that company is contracted with the government at military bases and under those provisions cannot hire a convicted felon. It is going to be tough for him to get a job, find a place to live, etc., etc., until we can achieve a successful appeal and get the charges thrown out. He will not be able to be with his family in Germany if on parole because of the felony conviction.

Kelly was obviously unhappy about the decision but we talked for a long time about the fact that at least we made some progress and there remains hope. He was extremely depressed about the loss of his career but I did my best to convince him it was time to move on and try to get another life started.

As soon as I get the official word/paperwork and more information it will be posted here. Thanks to everyone who had supported us during this ordeal and I pray that you will stay with us during the upcoming events that are going to be extremely difficult.

Need I say more. Not much to report. Unbelievable. I talked to Kelly this afternoon and he said that he had talked to his civilian lawyer and the JAG about how long this is taking. Kelly indicated the civilian lawyer said that in his 35 years of practice he had never seen a review take this long. His JAG indicated that in the past year, with exception of Kelly's, every one of his cases had been cleared or a decision made long before the period of time this one has taken.

I only hope and pray this unusual delay is not because of rumored "command pressure" and is determined by a thorough investigation of facts. Facts that will clearly exonerate Kelly of all charges.

I would ask that everyone suspend any funds being sent to him at this time. They are now being placed in an account in Mannheim, where he can only use them for purchasing phone cards. At Leavenworth he was able to use the funds in their small commissary to purchase toiletry items, underclothes, etc. I am paying for his phone card time at the moment, which is limited to only a few minutes per day anyway. If he is released, as he should be, then we will return whatever has been put into the account. I still maintain the donations from the past year sent to me via Paypal and would return them also to you. I hope we are given the opportunity to return them. However, if he should return to Leavenworth, your donations will be used and further help will be needed. If an appeal is granted, it would necessitate hiring of civilian defense.

My wife has been discharged from the hospital but we do not know cause of her medical problems. We are awaiting for her to be scheduled for an MRI, etc. Thanks to those who sent messages of support.

Nothing to report. I've heard the General may be in the States for some reason or another. I am writing this from my palm at the moment because I have been in the hospital the past 24 hours with my wife who is having chest pains. In the next few hours they will be doing a stress test and cath to see what the problem is. She has been under tremendous stress this past year with Kelly's situation and it finally caught up with her. She is one to keep things to herself and I think her body just gave up. I ask for your prayers for her and our son. I will post again when I hear something, but for now will be attending to my wife.

Yep, we still wait. Kelly has been in that rat hole for 120 days or so now. He is allowed limited time to call out and receives one hour per day out of the cell to exercise. Unfortunately, when he was transferred from Leavenworth to Mannheim all personal possessions were taken away from him including books, paperwork with his friends addresses, a radio, etc., etc., etc. As each day passes he sounds more and more depressed. I only hope the delay is because further investigation into this travesty has been initiated by General Salazar. If any proper investigation had been done these charges would never have been brought forward. Total lack of evidence, no witnesses and people who have come forward to dispute testimonies should have been found by a proper CID investigation. Too, a fair trial would have discovered the same. Reading trial transcripts I cannot see how any investigation was even conducted that was not prejudiced to conviction of an innocent soldier.

We have now settled in Florida in our new residence. My wife and now are experiencing some fairly serious health problems and are getting medical help now. The move was difficult and I am glad it is over but you have to do what you have to do.

We've frequently heard from Kelly's wife and she is doing the best as she can under the circumstances. I know that financially it must be a nightmare. Kelly told me today that she was able to visit him this past weekend and he was so happy to see her.

I have received a pretty unique item from one of Kelly's fellow soldiers that served with him in Iraq. There will be more info about it here in the next few days and I think you will find it interesting.

I periodically receive an email from one of Kelly's fellow soldiers or friends. But, as time goes on they reduce in quantity. As the prisoners told us at Leavenworth, the first month everyone visits. The third month some visit. After one year, nobody visits. Kelly has now been incarcerated for about a year.

We still wait but I have heard rumors that a decision is near. Hey, it has only been nearly 4 months. Doesn't mean much when you are sitting in a jail in Mannheim. Or, does it???

As soon as I hear anything, it will be posted here. Please remember Kelly in your prayers.

We are still waiting on General Salazar's decision. Looking back on this clemency operation it has been many months since it began. Unbelievable system.

Letters were sent to the officer who preferred original charges (Colonel Sorenson) by myself, Kelly's wife and others informing him of the new evidence that should clear Kelly of the charges. He refused to take any action, using the canned response I've received from Obama's office down to him of "it's a military judicial matter." It is called passing the buck and having no "things" to step forward and take action.

We are in Florida now after having moved this week. We sold our house in Nebraska and are able to use some of the equity to help Kelly's defense. Hated to give up our home but it is what it is (that hs become Kelly's favorite line now as he sinks further into depression). Plus, I have what appears to be a serious medical problem and am in an area where really great treatment is available. Finally, my wife has many friends here who can take care of her in the event I have some difficulty.

I haven't received much email lately from the website other than hate mail. It is probably as Kelly said in the prison. After about 6 months nobody even visits or calls the inmate. They are forgotten.

Sorry that I have not been doing any updates, but have been quite ill for the past couple weeks. Plus, there is not much to update. We are still waiting on General Salazar's decision. I don't think anyone in the family is getting much sleep as we worry whether the General will see truth and justice in this travesty. As soon as we hear anything it will be posted here. Kelly is still confined in Mannheim and I ask for your prayers in his release.

Nothing to update at the moment. Still waiting on decision by General Salazar, though Kelly was informed by his civilian attorney that it probably will not be a good decision by the General. Kelly very depressed by that news, as we all are.

This will be quick as I am on the road using my palm to do the update and it is difficult to do so with the small keyboard.

We received the findings on our request for a new trial based upon false testimony given by the accuser in the pre-sentencing phase. Everything appears to be denied and basically over for Kelly chances for a retrial. The Judge, a Major Kuhfahl, refused to believe the witnesses brought forth by the Defense, people that did so without any personal gain, who provided testimony contradicting the testimony of the accuser. A question posed to the accuser (by the Judge I understand) was if she had given false testimony during the court-martial because she misinterpreted the words "contact" and "relationship" and that she believed the jury would think less of her if she told the truth. That was, of course, answered in the affirmative. The Judge seemed to declare that it was ok to lie in this instance. If that question was, indeed, posed by the Judge I fail to see any other response by the accuser. Her only other answer could have been, "No, Judge, I fully understood and lied to hang SFC Stewart." Seems to be a bit biased in questioning.

The Judge states that if the the jury had known about other sexual activity by the accuser he did not think it would have caused a change in findings.

The Judge stated he believed the sentence of Kelly of 8 years was more than justified considering the possible maximum sentence for the accused crimes.

Though testimony was given regarding other sexual activity, contradicting the testimony of the accuser, the Judge deemed it to be simply "a one night stand" and basically it was acceptable for lying on the stand. I understand there may have been testimony about other events but nothing is in the report.

Once again the defense was trashed for only providing minimal witnesses during the court-martial. But, case in point, if there was no crime committed where do you get witnesses???

This Military Judge recommendation will now go to General Salazar for approval.

You will note I have also avoided putting the accuser's name, etc., up here. I never believed that was important to do so nor is it relevant to trash her on-line. I present facts of the case and testimony only. I would rather blame the military justice system for its' total failure, not only in this case, but many others in accepting facts, truth and conducting a thorough investigation. Those facts will become evident to the public shortly, that I promise.

Kelly is still in Mannheim awaiting court-martial for the attempted suicides and leaving the hotel.

Needless to say we are devastating by this decision. Kelly called and completely broke down during our conversation. I am seriously concerned about him and his state of mind. I know he does not want to live and pray he does nothing.

I will put more up when I can and I apologize for not putting up more but just can't talk about it right now.

Below is update regarding Kelly that I received from a friend. Also, I did talk to Kelly twice in the past week and he is not feeling confident about the upcoming decision. He was, however, extremely happy to be able to see his family.

I have heard the decision is delayed because one of the people in the chain of decision (Judge, Prosecutor, or someone along the way) took leave this week. I hope they are enjoying their damn vacation.

The Prosecutor filed the new charges against Kelly regarding his leaving the hotel before sentencing and attempted suicides in a typical manner. He found some Captain somewhere, not in the normal chain of unit command, to sign the charges. They were filed one day prior to the hearing, obviously meant to discredit Kelly in front of the Judge. All I can say is that the Prosecutor is a piece of **** as far as I am concerned. Doesn't care about justice it appears.

I've been having tests run on me all week and it appears they may have found the cause of my stroke and the ones occurring about 9 years ago. Hopefully, a new drug being administered will stop it.

If husband and wife go together, Freija does not need to go. But all females must accompany their husbands.

There is a limit of 3 people at one time. (and I believe only 2 adults at one time.)
Kelly has to know when people intend to come to get authorization.
He needs and address and approximately 10 days to get the authorization for non-American military.
Please make sure that Freija knows when you are going. Since the limit is three visitors at a time, she will not go on that day.

The information number for the corrections facility is DSN 382-5119, civilian 0621-779-5119.
From Stuttgart it takes about 1h20m. The IKEA address across the street from Coleman Barracks gets you very close and then you can just follow the signs. (Frankenthaler Strasse 123, 68307 Mannheim)
Dress code: No see through/low-cut tops or outfits, no open toed shoes.

Visitation is 1300-1600 all weekends and US Federal Holidays.

Kelly has to request to use the phone each time and is restricted to 20 minutes per call, unlike Leavenworth where he could use it as often and as long as he liked. For the moment, he stated that he does not want to put more minutes on his phone card because he will not be able to take them if he gets transferred somewhere. But if he starts to run low, I will send out the information to recharge the card. You do this over the phone with your credit card.

If he still does not have your phone number, let me know and I will get it to him to put on his list. If you want to visit him, it is probably best to talk directly with him on the phone first so having your number is very important. We have absolutely no idea how long he will stay in Mannheim or even in Germany, so visiting sooner than later is a good idea.

More stuff filtering in from various sources, including telephone calls with Kelly.

Kelly was transferred from a Level 5 security at Leavenworth to a Level 1 in Mannheim. As a result of them it is obvious they don't know what the hell to do with him. At the moment he is in solitary confinement and will be there until a decision on custody classification is made next week on whether he will be moved into a less restrictive area. If not, he cannot have any visitors. This includes his wife and children. Bullcrap!

"The prison is on Coleman army barracks and is behind the gate so non-military will have to be on the gate access roster or go with someone who can get them on base. Freija (Kelly's wife) said that she is more than willing to carpool with anyone who would like to meet her in Stuttgart.

1) he can have no more than 2 adult visitors at one time. so this means that any female will have to be with Freija. any male or 2 males can go without her. if you go with more than 2 people, the extras will have to wait in the parking lot.
2) currently, he has to ask for specific times and dates for visitation. he is waiting on his custody classification which will hopefully happen by Monday. if he is put into a better custody level, you will only need to get on his visitation list and then you can show up during any visiting hours. (again, Saturday, Sunday and U.S.. holidays from 1300-1600 or 1p-4p)
3) if you were on the accepted phone call/visitation list at Leavenworth, you are still on the list.
4) he is still unsure about German numbers but i assume landlines may be cheaper for him. if you do send him money to call you, include both numbers in your letter."

I have began receiving mail forwarded from Kelly's address at Leavenworth. When he was sent to Germany he had to pack up all belongings and mail them to me to include photos, letters, shoes, etc., etc. And, the mail had to be forwarded to me. Plus his phone account was terminated. We have no idea what happens if he has to return to Leavenworth and hopefully that will never occur. Be assured that anything you have mailed to him that comes to me, will be redirected to him. I have already began doing so.

I am told the Judge asked the accuser why she lied in the court-martial and she said she was afraid it would influence the jury if she told the truth. Hello! Maybe, just maybe the influence would have been a non-conviction. The biggest problem was that the hearing was only for the sentencing portion, as determined by General Salazar, and very important evidence could not be presented. If, however, the General decides to order a new trial then we would have the opportunity to do so. Kinda does not sound like true constitutional rights.

General Salazar is the Commander of 7th Army's Joint Military Training Command (JMTC). Headquartered in Grafenwoehr, Germany the 7th Army JMTC is the largest training command outside the continental United States. It provides a full spectrum of training for U.S. forces, NATO allies and multinational partners in Europe, Africa, and Asia. He can be contacted at:

Thanks to all of you who have sent supporting emails and support sent to Kelly. I may not post a lot this week, as I have numerous Doctor's appointments and medical tests scheduled. If there is anything important, of course, it will be posted.

I have been performing military funeral services for veterans since 1989, now numbering into the thousands after services around the country including a number of years at the Bushnell National Cemetery. Today I was privileged to hold one locally for a World War II gentleman. Though not as elaborate as Bushnell, each one I do here in a small Nebraska town continues to put into perspective how short life is and home much we must take care of our veterans and their families. If I could ask anything else of you out there, it would be to remember our heroes and volunteer to help them. More and more our government is turning her back on our veterans and it will be up to us to take care of our own. This surely includes veterans falsely imprisoned by the "system" that I have grown to hate. If you are not volunteering, please consider it. A simple trip to your local American Legion, VFW, DAV, etc., organization with an offer of assistance to the Post Commander will be received with heartfelt thanks. As an officer in veteran's organizations for many years, including multiple times as a Post Commander, I know just there were many thousands of times I wished I had help in taking care of our veterans and their families. You can be that help.

I don't know where to start. A lot of info is being filtered in from several people and I will try to summarize it. Also, I talked to Kelly via phone today and some of his comments will be included below.

I am sending emails to everyone that I have an email address for and requesting their mailing address for Kelly so he can write. Every single thing in his possession was taken away when he left Leavenworth and boxed to mail to me. He has no phone numbers, addresses, etc. If you wish to have him call you please email me your number. Remember, however, cost of the calls for him. At Leavenworth a 30 minute call was about $28. I have no idea what it costs to call from Mannheim. If you receive a call from him it will show up as a call from a 900 area code. Also send me your mailing addresses again, as he does not have any of them now. He is going to call tomorrow or next day to get the info.

If you have mailed something to the Leavenworth address it will be forwarded to me and, in turn, I will sent it to Kelly. I did receive a forwarded letter and money order from Daniel and will send it on. Thank you so much Daniel. May God bless you.

If you wish to visit Kelly the visiting hours are 1300-1600 Saturday, Sundays and holidays. He is at Coleman Army Airfield and for your to visit you have to provide him as an American your full name and full address. If you are a foreign citizen he will need your full name, full address, passport/id number, and date of birth. We are unsure at the moment whether you must be on a list, or can simply show up during visiting hours. More on this when we get it. If you are female, Kelly's wife must be present during the visit. Now there is a stupid requirement.

Ironically, I spent months and months in field conditions (C-rats and tents) at Coleman during my career doing training exercises with combat units and special operations units. What goes around, comes around, I guess.

I received an email response to my email thanking her for stepping forward and testifying in support of Kelly. It follows, though I removed references to whom the person is for her protection, and I must say it made me completely break down. This person has already been busted down 2 grades in her civil service position and removed to a lesser job because she came forward to speak the truth. Read her email and you can well understand that there are truly very, very special people in this world.

John:

Thank you John, I did what I had to do, and I feel right about it. Yesterday I was able to shake hands with Kelly and hug him like I had wanted to hug him in the final hours of the day of sentencing after he had fled and no one knew where he was and I feared he had taken his life.

In dire need to speak with someone, that was the time when I approached (Name deleted) with tears in my eyes, sobbing, telling him that this is such a horrible injustice, and that I wished I could be Kelly's mother for only a few hours, to be there for him, to hold his hands like I would hold my son's hands, if this could bring him back. I just could not stand seeing this young man's life go wasted because of this unbelievable verdict.

It was such a terrible feeling of helplessness that I will never forget as long as I live. Seeing him yesterday walk in in hand-cuffs brought back that very feeling and it was overwhelming. His wife Freija and I hugged each other, and we were both crying. It was such a mixture of feelings finally meeting everyone, yet still this uncertainty about more decisions and more waiting.

I wanted to tell you this, so you too can take part, at least a little, in how we all met yesterday and the feelings involved, strangers at first most of us but ending up as a strong group of supporters for each other.

Pretty amazing stuff. Others have been just as amazing during this ordeal. Of course there have been some out there that I'd like to get a big stick out because of their stupidity, complete lack of concern about their fellow soldier, and hatred towards our family without considering the fact my son is innocent. I've received some hate filled emails that are truly sad and hateful. I trashed them with as much memory as possible. I never made this a blog for comments because of it. I did go up on a couple national blogs asking for help and the feedback was devastating. I did not want that on this website.

Ok, back to the hearing. Everyone, including Kelly, thinks it went well. The accuser admitted to lying at the court-martial and it appears that more than one witness substantiated it. Mr. Court and Capt Gleich, were outstanding. The Prosecutor has been described to me by many, many people as a totally unbelievable. I don't have time to write here all the outlandish statements and actions he has done during this ordeal. Many of those are completely unprofessional and as far as I am concerned violate his supposed role as an unbiased Military prosecutor. I am compiling a list of those events and once this episode is finished they will be sent to every judicial chain of command member in the Army. Maybe they will deservingly "counsel" him. As example, despite the Judge ordering that Kelly would not be in handcuffs during the hearing, the Prosecutor ordered it be done anyway. That matter was rectified and it was much easier, mentally, for Kelly's wife and older daughter. The Prosecutor's actions were unnecessary and biased to influence the Judge as far as I am concerned.

Kelly has been treated much better by his security detail out of Mannheim. Particularly at the hearing when they allowed Kelly to visit with his family. I commend them for their actions. At Coleman, however, there are problems with the Commander who is, I assume, the ordering authority for the fiasco at Walter Reed when Kelly was whisked away in a wheelchair, with only a hospital gown on and no underwear, to Quantico where he received no clothing, toiletry items, towels, shoes, etc. while in confinement and transport later to Leavenworth. He used bed sheets for towels. Plus he was quite ill and received to medical treatment. If the Coleman confinement Commander was, indeed, the ordering authority for that situation you can be assured that once this thing ends it will be addressed to the proper chain of command. At the moment, however, he is hassling Kelly about how he should be confined. In general population as he was at Leavenworth except he would be in uniform, or in isolation in orange prison clothing. The latter making no sense when he was not confined in that manner at Leavenworth. It would also probably limit visitation by his family in addition to other problems associated with isolation. We have no idea how long he will be confined there. The Judge sends his recommendations to General Salazar and he makes his decision. We wait.

Two more charges were filed by the Prosecutor against Kelly for the escape and the attempted suicides. First of all, it can't be considered an escape when you are not under arrest nor under guard. Simply living in a hotel. Secondly, attempted suicides under the conditions he faced have to be considered temporary insanity. Not permanent, vindictive, biased, insanity as it seems being performed by the Prosecutor.

There are many things I have learned that occurred during the hearing regarding the testimonies by witnesses and the accuser but this is not the place to comment on them. Many are sexual in nature, many are simply unbelievable.

It is my unbiased opinion that the hearing proved innocence of Kelly. Our hope and prayers are that the Judge also determined the same and will ask General Salazar to order a new trial. I can see no way that he cannot do so.

As soon as I get any more updates I will post them here.

Rather than my attempting to summarize it, below is an email I received from an eyewitness at the hearing:

"We had a very impressive show of support yesterday. Over 20 family and friends attended the hearing and sat directly behind a 35lb lighter Kelly in his dress greens. We were all allowed to give him (I'm sure much needed) hugs and talk with him during the breaks. Freija and the girls were able to visit with him in the back room during the lunch break and after the trial, approx 2.5 hours total. The escorts were fabulous, treating Kelly with nothing but respect and giving him this time with his family. Contradictory to what the prosecution had previously stated, Kelly was taken out of his handcuffs immediately after arriving and was never placed back into them until everyone was gone. So he spent the time with his kids in his dress greens and was able to pick up Alina and hug Izzy at free will.

During the trial, a few people were allowed to take the stand but again, the scope was limited. One witness said that there were 2 sexual encounters directly prior to the hearing and that the accusers emotional state was nothing like what she testified to at trial. The accuser continued to lie stating that she defined 'contact' with men as a long term relationship, not just sex or one night stands, so this is why she stated that she had 'no contact' with men in the year before the trial. She did admit to 'omitting' the sexual encounter one month prior to the August 09 hearing because she did not know how the jury would view her. We also heard (a surprise to me) telephone testimony from a 70 year old Canadian woman who the accuser told of the encounter back in July. She was a guest in the pension where the accuser worked and thought it very odd for this girl to be telling such an old woman of trying to seduce this man and the details of how she finally lured him in.

The accuser denied the other encounter that occurred 1 week before the hearing with a 6'9", 300 lb man from Senegal. The prosecution argued 'WHY would she admit to one and not the other?' Mr Court did a very good job stating that most likely she didn't want to admit to the one that happened so close to the trial and did not know how the American court would look at interracial relations. His closing arguments were extremely compelling. He argued that this lie ('omission' as she called it), whether it was intentional or not, had a direct effect on the sentencing, which was the sole purpose of the hearing. In my opinion, he blew the prosecution out of the water. And a million thanks to the very brave witnesses who do not know Kelly. They all have nothing to gain and everything to lose but are standing up for what is right. Mr Court stated that the hole we are in is very deep. In my opinion, with the system being what it is, this hole would almost be too deep without the testimony of these few people and there are simply not enough words to properly appreciate what they are doing...

So, now, we wait again. The judge will review and give his recommendation to the General. And then, it is back in the Generals hands as to what he thinks should happen. Based on yesterdays testimony, the demeanor of the Judge and the questions he asked of the witnesses and counsel, my best estimate is that his recommendation to the General will be to grant Kelly a new trial. Beyond that, I couldn't pretend to assume what the General will decide.

Until further notice, Kelly will remain at the Mannheim correctional facility here in Germany, about 1.5 hours north of Stuttgart. Freija and the girls plan to visit him again this weekend. With any luck, he can stay there through the trial that Salazar will soon grant him.

Fingers still crossed...

I will send another email as soon as I have any information regarding his length of stay, mail, telephone calls and/or visitation.

More soon,"

The hearing was held in Ansbach, Germany today. I have only pieces of information of what occurred; however, it appears we have a chance. The witnesses who came forward to testify for Kelly did so. The accuser testified and Kelly testified. About 20 people were in the courtroom in support of Kelly. To those of you who attended, thank you so much. It was very difficult sitting here at home today but I could not fly. My wife has pinged off the walls the entire day and I feel so sorry for her. It has been a rough year for all.

One of the witnesses who came forward and completely jeopardized her career, and in fact was reduced in two grades in her government job for doing so, again bravely stepped forward. What a person!

The other witness was served with some kind of papers by the German police I believe indicating the accuser may have filed some kind of slander charges. The witness still testified for Kelly.

There was some kind of statement taken under oath via telephone to a witness for the defense to someone acquainted with the accuser. I do not know parameters of that conversation enough to explain it here.

I was told the accuser may now be reading this site quite a bit. Good for her. I hope she understands my animosity towards her is minimal now. Primarily because I can do nothing about it and we must press on with our lives and attempts to free our son and return him to his family and career. My anger is towards the military justice system for allowing something like this to happen without any presented physical or witnessed evidence. A pattern that has significantly grown since we began the wars in the Middle East these past 2 decades.

Kelly was able to see his family for a few brief minutes prior to the hearing and for about 45 minutes afterward. He had not seen them in 8 months and I know it was tough. One witness said his older daughter was in total joy.

Kelly is being held in the Mannheim detention center and hopefully they will allow visitation by his family. I understand the guards on this trip were a bit more friendlier than the trip to Walter Reed back in August. Had to be better than the head guard's attitude we had to deal with back then.

No decision was made today and the judge is reviewing the events and materials to make his decision on what should occur when he forwards it to General Salazar for the final decision, which can be everything from doing nothing, to a retrial, to charges dropped, to.......... Who the heck knows? I just hope the judge and General will realize the innocence of my son.

Kelly has departed for Germany to his hearing on the 19th. He will be sent to Mannheim, then moved to Ansbach on the 19th for the hearing. I ask for your prayers in our success in convincing the military judge that a terrible mistake has been made.

Kelly called me last night using the last 3 dollars in his prison account and we used it until we were disconnected by the system. He is very nervous but looking forward to seeing his family, though it appears only briefly, for the first time in 8 months. He will travel with multiple guards and in double shackles. We have no idea of how he is traveling, by military or commercial flights, nor the itinerary. I hope it will be better than the last time when he was treated like an animal by the guards. An Air Force tech Sergeant, in particular, was completely out of line and totally unprofessional in his job. Once this episode ends I will address that person's behavior to proper authorities. Since that "guard" is based out of Mannheim I do not want to at this moment to influence his poor behavior into repeated abusive episodes if he is once again guarding Kelly. While in transit from Germany to Walter Reed there were as many as 10 guards on Kelly, including the military, Homeland Security, and airport security. While placed in a cell beneath one air terminal, security guards were allowed to come down and view Kelly as if he was a lab specimen. Even though he was extremely ill. Uncalled for behavior and directly the responsibility of the Tech Sergeant. I related somewhere below how he moved my son out of Walter Reed Hospital to Quantico shortly after the IV's were removed from Kelly's arms and despite the fact he was truly ill from the attempted suicides. Wheeled out in a wheel chair in a hospital gown without allowing his family standing in the hospital hallway to even speak to him. He was not provided toiletry items, underwear, etc., at Quantico which completely violates all regulations. While at Quantico, despite being extremely ill, he had no shoes. He was forced to use bed sheets as towels and his finger to clean his teeth with water. He should have been under the care of a physician and none was provided. He still, to this day, is having kidney problems and has a yellowish tinge to his skin from the improper care. The more I think about it, the angrier I get. Military justice??? Perhaps in the 1600's.

We have had tremendous support from friends of Kelly and his wife over in Germany. Heidi, in particular, has been unbelievable in her involvement to help the family. It is sometimes amazing to me that someone that is not a family member would care so much. There are no words I can express of how much I thank her for helping.

If you wish to attend the hearing please email Heidi at hlivingston76@hotmail.com. We need as many people as possible there to show support.

I guess my next update will be on May 20th with results of the hearing. Again, pray for our success.

Not much to report. Kelly has been moved to another area of the prison in preparation for going to Germany. It should be a fiasco. At one point while going through a civilian terminal to Leavenworth there were about 12 guards or more on him from the military, Homeland Security, etc. They are scared of SF folk apparently. We believe he is going to Ansbach, Germany but not real sure. Haven't heard a damn thing from JAG or anyone else about what is going on. Talked to his wife yesterday and they continue to struggle with everything from finances to one of the children having numerous problems in school and with life itself.

I am told the accuser in this affair is reading the updates on this page. Good. Nothing more needs be said at this time.

I have been receiving emails throughout this ordeal from mothers and wives of other military personnel unjustly incarcerated. The stories are heartbreaking and I try to help them as much as possible because I well know what they are going through. One in particular is at a website found at the following address http://defendmichael.wordpress.com/. I met Michael's family at our recent visit with Kelly. It is another atrocious story of military injustice and not taking care of our troops. I encourage you to read his story and email his mother with words of support.

I am beginning visits with physicians now that we are home. Have not recovered very well from the stroke and am concerned about my health. Something appears to be amiss. Could just be old age I guess.

I haven't asked for donations for a while to help us. I am waiting until after the upcoming hearing to see what we will have to do. I know that regardless of the outcome we will need to once again hire civilian lawyers and it is going to be very difficult for us to do so.

So, we wait again. Over 8 months and counting without any action to speak of while an innocent soldier sits in a prison.

My wife and I have returned to our home in Nebraska. We visited Kelly for two days on the way home. The first day's visit is described below in the May 1st update.

The second day's visit was much better. I somehow got Kelly talking about his fellow soldiers and he began relating stories about them. Stories that were humorous, stories about heroes and stories about sacrifices. I learned a lot about today's special forces and cannot state how proud I am of them. Telling the stories lifted Kelly's spirits somewhat and I must say he was the best day we've had with him at the facility. The only true sad period during that second day was when he brought out new photos of his wife and children. Both of us shed tears about their suffering.

He mentioned cards and letters he had received and some phone calls. One, from a friend named Credie really helped him realize that there were still people out there that cared for him and believed in his innocence. A point that I have stressed here time and time again. I know my son and I know he is innocent. If you read points of the trial and aftermath on the website you should, too, totally believe in his innocence.

Kelly called us yesterday with very bad news. The upcoming May 19th Post 39(a) hearing ordered by the reviewing General did not include introduction of new evidence, only a review of the sentencing applied for the offenses. The defense lawyers applied for an amendment to the order that would allow new evidence. That request was denied. I do not know why because we have not received a copy of the order or denial. Nor has Kelly. I received an email from the JAG on April 7th indicating he was on another case but would shortly send us info. Nothing has been received despite repeated emails requesting the information. I do know the two witnesses that have stepped forward to provide statements disputing the accusers testimony were scheduled to be interviewed by the civilian defense lawyer on May 5th. Again, we have heard nothing on the results of those interviews.

I simply do not understand how the General could refuse to allow the new evidence. Hell, my son was convicted without any evidence and I would think that evidence being presented that proves his innocence would be allowed for consideration of a new trial. I have also heard that the Prosecutor questioned the accuser about her testimony and whether she had lied about portions of her testimony. I understand she admitted to doing so. If she lied about one portion, what about the rest? I have also been told that she is drawing money from the German government, and possibly the American government, for her supposed trauma. A situation I've also heard that was shared by a friend who supposedly experienced some sort of like incident and she convinced the accuser to file the charges. All in all it stinks.

If the Post 39(a) hearing is not successful we will be back to waiting for the appeal process which will take anywhere from 1-3 years.

We still know nothing about the planned travel of Kelly to Germany for the hearing.

As I write this I am sitting in my truck at the Leavenworth Prison parking lot. For the past 2 hours I have been with Kelly and my wife is now with him for the remaining 1 hour of our allocated morning visit. We will return to see him this afternoon and in the morning for 3 hour segments and then head back home.

It is a difficult visit for both of us. I am not well after my recent health issues and Kelly was extremely depressed and worried about upcoming events. Though encouraged by the chance at the upcoming 39(a) hearing he is not confident of success unless the Military Judge allows all evidence to be presented. Particularly the new evidence of witnesses who completely discredit testimony of the accuser. Too, if the statements and testimonies of the accuser and other participants are laid out side by side (at least 5 of them), the discrepancies are readily apparent. We do not know if the Military Judge will review those in the depth we have, nor do we know of the aforementioned witness statements will be allowed. I still have heard nothing from the Military Defense JAG on this subject.

Kelly looks pretty good but tired and stressed. I know it is tough in there, as evidenced by one prisoner I witnessed being visited by his wife. He clearly showed signs around his face of a probable fight or beating by someone.

Kelly talked to me at length about how he has hardly written back to anyone who has sent him letters, cards, or phone money. He says he does not know where to start. Perhaps from embarrassment, but I think he just cannot find the right words to put on paper to his friends. Obviously, I told him he needs to write each person because they came forward to support him. He knows that. It is just so difficult for him to express his sorrow to friends. But, he is truly thankful that many have stepped forward. He told me about a phone call between he and Credie, a best friend and fellow hero. Tears were coming out of his eyes as he described his friendship to me and how much he missed it.

We talked at length about his family, which was the the most difficult subject during our entire conversation. The only bright spot he had from the upcoming hearing was the possibility that he would be able to see his wife and children.

We still do not know about when or where he will travel. I expect it to be somewhere around the 10th to 13th of the month for the hearing on the 19th.

I must end this for now in order to save some computer battery power. As soon as we know anything I will post it here.

We are waiting on the upcoming hearing on May 19th. It will be an open hearing and if you are in Germany and wish to attend please contact Heidi Livingston via email at hlivingston76@hotmail.com. We ask that anyone who can attend, please do so for much needed moral support. I am still recovering from my stroke and have been advised that due to my medical condition travel overseas would not be in our best interest. We will, however, be visiting Kelly at Leavenworth on May 1 and 2, as I have been granted permission to finally travel home from our vacation camping location.

Some folks have asked about being able to see Kelly in Germany, but we do not have particulars of sequence of events as of yet.

Kelly is concerned because his uniform is missing and he wanted to present a good appearance at the trial. Also, personal items such as his Ipod are also missing somewhere in the system.

I have received emails from two individuals wishing to testify in his behalf regarding perjury of the accuser and they remain adamant about doing so.

We were notified today that Kelly will be flown to Germany sometime next month to attend a May 19th hearing on the Post 39(a) in Ansbach. We do not have much information yet, but will post it as soon as we hear something. We have a chance.

I was informed today that General Salazar ordered an Article 39a review of the trial. From what I understand this will allow any new evidence to be introduced regarding the trial. Good and bad news as far as I am concerned. The General saved his career by not immediately ordering a new trial that would probably result in implications and pressure from the host nation (Germany) and chain of command. By doing the 39a he basically washed his hands over to someone else. Bullcrap. But, we have a chance. My hope is that our two witnesses will still step forward and testify. I believe they can be subpoenaed to do so, but not sure about foreign nationals.

It has been seven and a half months while people sat on their butts and ignored the truth. It will be difficult for the two people to still come forward. One, a foreign national, civilian who does not speak English will have to step up. The second, a foreign national working for our government who has been demoted for coming forward the first time in defense of our son, must once again do the same with what repercussions from the system. Obviously, both have been heroic in coming forward and I pray they will once again do the same.

Again, we wait. No idea how long this will take. Day after day, hour after hour, my son sits in prison from injustice and his family suffers and suffers and suffers.

I have heard by rumor that Mark Levin, one of the top radio personalities, did a story on this injustice. I have been trying to find more info about it. Also another leading internet and news writer is interested in the story and we have been feeding him info for an exposure. Another leading AP reporter is also interested and has been waiting until we get results from the clemency review.

Not much to report on. Still waiting on Prosecutor's rebuttal to Defense Rebuttal to Prosecutor's rebuttal. perhaps some day this will get to General Salazar for review. The accuser's roommate and friend who wishes to testify against the accuser for perjury is getting pretty frustrated with the military justice system and I hope we do not lose her for a future retrial. The Prosecutor's response to her statements was not not kind and I don't think that as a German citizen our witness fully understands how frustrating the legal system is in our military. Kelly has now been incarcerated for nearly 7 months and during that time only paperwork has been sent back and forth between Prosecutor and Defense. Every person I have talked to, including civilian attorneys, believe this to be ridiculous. All, too, state the guilty verdict was completely ridiculous.

Talked to Kelly last night and he was not in the best of moods. His older daughter is having significant problems dealing with his being gone and it has effected her behavior in school, grades, etc. His wife has obtained professional counseling for her. Kelly asked me to call his daughter, who is 10 years old, and talk to her. I did so this morning and we talked for a long time. I know she is struggling and hope the counseling will help.

I was contacted by a good friend and former SF member, Neal, regarding ways to financially help Kelly and his family. He came up with a really good idea and it will be posted here in the near future.

Hurrah! Out of the hospital after suffering pretty nasty stroke last Friday and another minor one on Sunday. Doing much better. I suffer from Ischemic Heart Disease, basically blocking of the arteries, and had cardiac bypass in my 40's, stents, angioplasty's, five TIA's, etc., in the past 15 years. The Secretary of the Veteran's Administration announced on October 23rd 2009 that we Vietnam veterans who were exposed to Agent Orange with Ischemic Heart Disease were found by a civilian study to suffer from the disease because of the exposure and IMMEDIATE action was being taken to expedite approval of applications from those who filed for healthcare and compensation. My Doctor's and I have discussed that if Agent Orange causes those arterial problems then other arterial problems should occur and such activity would include arterial areas in the head thereby causing my repeated strokes. I have filed with VA but they have now delayed any action until the findings are published in the Federal Review and in fact their IMMEDIATE action stated 5 months ago is now "sometime later this summer". Maybe. Who knows when that might occur? Probably when all Nam vets are gone. I read stats a couple months ago somewhere on the net regarding Vietnam vets. 2.7 million fought in the war. In 2002 somewhere around 1.8 million were alive. In March 2009 about 850,000 were still kicking. It was projected that, based upon the past attrition, in 2015 less than 130,000 of us would be left. So, continual delay of recognizing the effects of Agent Orange upon us who served our country only benefits those doing the delay. Less money to pay out for healthcare and compensation as we drop life flies. Therein lies my soapbox for today. Now to Kelly.

The JAG Defense response to the Prosecutor's rebuttal for a new trial is being prepared. Today, I received a copy of letters from the accuser's best friend and roommate, and her boyfriend, that were filed to substantiate their previous statements and interviews with German and American authorities that provided clarification of statements at the trial that were intended or unintended perjury. We now wait for the Prosecutor to rebut these statements and the rebuttable being written and sent to him by Defense. Just another few weeks for an innocent person to sit in prison as rebuttals go after rebuttals go after rebuttals. These letters, someday, will be included with the package to General Salazar for the clemency review and our request for a new trial. It will be a huge package and one I hope he will thoroughly review and not simply rely on the Prosecutor's rebuttal. I've heard time and time again from people in the military that in clemency cases rarely does the reviewer not accept the Prosecutor's opinion. I hope this is not the case and a thorough review is in fact done. I am 1000% convinced a retrial will then be ordered.

I discussed finances with Kelly and his wife, something they were very reluctant to do. The loss of Kelly's pay is dramatic, an amount with all benefits approaching $70,000 annually. But, they still have the same bills and are trying to pay them solely on his wife's pay. They are in serious trouble. I am sending her money now every month, as much as we can afford, but it is long from what they need. We have had 6 people donate money which totals around $3000 which I am holding to help with hiring an attorney when a retrial is approved, or an appeal is initiated. I have an attorney being kept abreast of ongoing activities and he may be the one we hire if we can afford him. It is very, very expensive to say the least. I would think that if Kelly is granted a retrial, it will be held in Germany and the lawyer would have to be flown there for the trial. If an appeal, it would be held in Washington and again the lawyer would have to be flown there. I don't know how we are going to come up with the money but we'll just have to do so somehow. That is why I periodically put the Donate Button below hoping that people will help. We need many, many thousands of dollars and the current $3000 is only a drop in the bucket. Anything you can do to help is appreciated. The 6 of you that have done so I can only ask that God blesses you for helping. We will never, ever, forget your kindness and caring.

I talked to Kelly while writing this and he was in better spirits after reading the roommate's statements and a draft of rebuttal by the JAG to the Prosecutors statements. We both agree the key point is being able to get a retrial and having two unsolicited people testify who stepped forward to make statements. One, the government worker who was personal liaison for the accuser, has been as I understand reduced in grade from GS-9 to GS-6 and removed from the job she had. Only because she bravely stepped forward and offered her statement concerning actions and probable perjury by the accuser. Similarly, the accuser's roommate obviously faces criminal charges if she was providing false statements to the German and American authorities. Not to discount the news print that would be generated once all of this comes out. Who in the right mind would face such issues unless they were truthful and adamant that the accuser provided false testimony and that Kelly was innocent of charges.

So, we wait again. I'll post something as soon as I can. Thanks to you that have called and emailed. Your continued support is appreciated and I cannot express the words that describe our feelings.

To those of you who have emailed me asking about Kelly's status thru an update and I had not done so, I apologize. As I write this I am in the hospital after suffering a stroke. This was my fourth one and I believe it is not too bad. A bit tired of laying in bed here and hopefully will be discharged in the next 48 hours or so. I didn't realize they had wifi until today and wife brought my laptop in to connect.

We received the prosecutor's rebuttal to our request for a new trial that we submitted because of the two statements received after the trial from people willing to testify that Kelly was innocent because of perjury by the accuser. The prosecutor in a rambling 11 page statement denied trial, clemency, or anything else. The defense counsel has 10 days to respond. Then, it is sent as an addendum to the entire clemency package to the reviewing officer, General Salazar, for final decision. Rarely does the reviewing officer not go with the prosecutor's decision.

The prosecutor's rebuttal was ridiculous. It shredded defense counsel's performance during the trial and used their failures as reason for denial of a new trial. It was pure gloating about success in getting a guilty verdict. I sent an email to the JAG Defense Counsel and said he needs to rip the prosecutor shorts in a rebuttal. Never seen such words written to demean a military officer as that of the prosecutor's statements. I sent the rebuttal for review by a civilian attorney and he ripped it apart. In one instance for example, the prosecutor says the statement of one individual that disputed numerous statements of the accuser could not be admitted because it was hearsay. The civilian attorney said that is completely untrue in that her statements would not be hearsay. In fact, I believe that hearsay is admissible anyway under military law.

So we wait again. Kelly is obviously very disappointed, but we hope that General Salazar will read the facts and make the correct determination of ordering a new trial.

I will try to put updates up here when I get them. Hopefully I'll get out of this bed shortly.

Still waiting. Ridiculous! I read the entire trial transcripts in one day. Took me less than 10 minutes to determine that the trial was without merit, without evidence and biased. Confirmed by subsequent statements of eyewitnesses. But, it has now been about 10 weeks since the clemency review was supposed to begin. Meanwhile, an innocent soldier sits in prison. Is this American justice?

We still are waiting on the clemency review and our request for a new trial. I received an email from Neal, a hero who served alongside Kelly in Iraq. Later, we talked about Kelly on the phone and Neal indicated he had only recently learned about Kelly's injustice and that possibility of not being aware of it existed with many of those who were Kelly's friends and others who had served with him. I hope you who read this will spread the word to others. We need all the help we can to be successful in our release of Kelly.

Neal's call can only be described as fantastic. He spoke of the brotherhood among our special ops people, a fact I learned during my tenure with them. Though Neal is now out of the service I could hear the love in his voice for his brothers-in-arms and I know, as I do, he terribly misses that comradre. Neal told me the story of Kelly's heroism during one battle and it was difficult for me to maintain my composure as he reminisced about that terrible fight against terrorists. A few hours later Kelly called me and I told him about Neal's call and our conversation regarding the battle. It was probably the longest telephone call we had together since being imprisoned and was terminated only because of a prison requirement. He was extremely happy to know that one of his fellow brothers had called and cared. He talked at length about the battle and the heroism of Neal. Though I know it was tough for Kelly to look back, it seemed to be the most cheerful call we have shared. Thank you, Neal, for the call and story. We are so proud of your service to our country and your heroism. I hope you will pass Kelly's status along to others and ask for their help.

I am in close contact with the lawyer we will hire to defend Kelly at a new trial, or if not granted one, at an appeal. He has read the trial proceedings and subsequent statements of those who have stepped forward to dispute testimony of the accuser. His emailed response regarding the entire sequence of events as "bizarre." Probably a very good adjective for the entire process as far as I am concerned.

We still wait on the clemency review and request for a new trial. A letter was sent to General Salazar thru the JAG from a German national who demanded immediate action be taken to obtain Kelly's released based upon her observances and opinion that the accuser provided false testimony during the trial. She has contacted legal counsel concerning filing perjury charges.

Thanks to Josh for the donation to help with our legal fund. It was much appreciated, Josh, and I talked to Kelly who says "Hey" and expressed his sincere thanks for a friend stepping forward to help him.

If you would like to donate to the legal fund, please use the DONATE button below. It is totally secure and safe. All help, regardless of amount, would be appreciated to help with expected enormous legal fees in securing Kelly's release.

I would like to expand on the point about my conversation with Kelly at our last meeting where we discussed as close as a father and son can do about the events of the night and why he went out. I won't go into particulars but I will again firmly state there is no doubt whatsoever in my mind that my son is innocent and nobody should have any doubt. He is totally innocent, was unfairly accused and is imprisoned by a failure of the military system to do proper procedure and investigation. In my 3-decade career I never, ever, observed such a travesty of justice. Additionally I've never, ever, seen such a lengthy delay in determining clemency. Particularly when you take a look at statements by two completely unbiased German nationals who stepped forward to file statements concerning Kelly's innocence based upon their personal knowledge of the accuser. One who only met Kelly during the trial and the other individual has never, ever, met Kelly or even knew anything about him except for statements by the accuser. It would take me only a few days to determine that a retrial is necessary to answer the new revelations. But, we wait. Where is Justice while an innocent man sits in prison and a family suffers without husband and father? Where is Justice??????????

If anyone reading this has any media contacts (newspaper, tv, radio, etc.) and can get the story out, please do so. I am trying my best by writing every person and company I can, but no luck so far. Again, if you have any contacts please help and tell them the story and have them contact me through this website at cornhusker69@yahoo.com. Thank you.

Still waiting on the clemency review. I did receive an email today indicating that a German national may now be preparing to file perjury charges against the accuser. Do hope that is successful.

Have not talked to Kelly for a few days, Think he is short on money for the calls. I and a wonderful friend of the family have sent him money but it takes time to get through the system.

Heckuva trip to visit him over the holidays and our subsequent trip here to Florida on vacation. Drove through blizzard of hell. Lost my drivers license and military ID after visiting on the last evening at Leavenworth. Some a-hole stole the license plates off my vehicle at a motel. Now in Florida and pipes on our trailer have frozen solid 4 nights in a row. Snowed here briefly in central Florida this morning. Other than that, having a real good time. :(

We still wait on the clemency and request for a new trial. Our last night of visit this week with Kelly was hard because we know it will be a couple months before we can afford to go there again. Really expensive with travel, motels, etc.

Kelly and I sat and talked at length about the events of the night where he is accused of the various charges. It was our first time to sit and discuss the events, why he was out that night, etc. It was a very emotional talk and both of us struggled with the conversation.

Kelly once again expressed his the appreciation to the few who have come forward to help he and his family. He said he knows his true friends and true comrades and has no words to sufficiently thank them for the help. He asks others to come forward and help a brothers-in-arms that is completely innocent.

If you wish to help monetarily, which we desperately need, please click on the secure Paypal button below. If you are not comfortable using this method email me and I will give you mailing instructions. If you can do something within the military system, please email me. We need your help.

We are still waiting on the clemency and request for a new trial. At the moment we are in Leavenworth, Kansas in a roach infested, dirty motel visiting Kelly after making our way through blizzard conditions. Someone tried to break into my car last night but luckily I had my alarm set. Happy New Year. We spent 2 1/2 hours with him last night (total allowed visit time) and he was extremely depressed. He admitted that prison physicians have begun administering medication for depression and to sleep. We are deeply concerned about his mental state and will attempt to address it today when we visit the facility again. His missing Xmas with the family and not hearing anything on the clemency review has been tough on him. He believes the delay in releasing the clemency means bad news. We will have to wait and see.

I understand people in his spouse's unit and friends helped his wife on Xmas by donating some money to help out with bills and to buy food, etc. To those of you involved with that action, thank you so much. They desperately need help. Kelly also wished to express his appreciation to those helping his wife and family.

We wait. Kelly called a short time ago to wish us a Merry Xmas. They have no kind of celebration at the prison for Xmas, simply some extra food for lunch tomorrow. He was pretty depressed, particularly because no clemency news was received before Xmas. He believes, as I do, that we were unsuccessful. But, we continue to wait with hope and prayer.

Thank you, Chris, for the wonderful email. I read it to Kelly on the phone and he was very happy to know you cared.

Tonight we share Xmas Eve with our Daughter and family. It will be subdued but it will still be a celebration in Christ's name. Merry Xmas to all.

We still wait on the clemency review package results. Talked to Kelly a couple times this week and he still has little hope on clemency success based upon what he has seen for others in this situation. We try our best to bolster his confidence. I was told the clemency package was the largest ever seen by the JAG and it will take time to go through all of it.

We will be leaving on the 27th to see him. Hopefully, good or bad, we will have heard something on the clemency. It is going to be a tough Xmas for all. His wife is recovering from surgeries and appears to be in good spirits. We haven't been able to talk to Kelly much this past week because he was short on funds for the expensive calls.

I received 2 donations, one directly and one through the Paypal donation button below. My daughter, her husband, and her husband's mother and friend donated their money for Xmas presents for one another to Kelly's legal fund. And a great friend of Kelly's, Chin, used the Paypal button to donate. Thank you so much all. And, Chin, Kelly says Merry Xmas, thanks and he actually misses your ugly butt. :)

I believe Kelly's oldest daughter is struggling somewhat, not only from his absence, but from having to suddenly grow up and be responsible for so many things around the house in order to help her mother. She is a great child and I don't know what the long-term impact will be over this on her. I know Mom is doing her level best under the circumstances. Though we knew it would never, ever, be granted we did offer to take in the children. But, of course, that offer was refused and we fully understand. But, our home will always be their home when needed. I know they are financially strapped and continue to sell stuff, including their car this past week.

We prepare for Xmas here at home, which probably will be somewhat subdued. However, I want to thank each and every one of you for your support and understanding. God will bless you with a very Merry Xmas.

If anyone wishes to donate to Kelly's legal defense fund, please do so using the secure Paypal button below. All donations will be used to hire a legal defense attorney for an appeal if the clemency is denied, which we anticipate to occur. If by chance an appeal is unnecessary, the donations will be used to help Kelly's family with overwhelming debts that include $10,000 already owed for legal bills. Anything donated, no matter the amount, will help.

Again, may all have a very Merry Xmas. And, may God bless our troops in harms way.

Not much to comment on at the moment. We are still waiting on the outcome of the clemency review and request for a new trial. Talked to Kelly twice in the past week and his spirits are up but professes little hope in being released.

No information yet on clemency package and do not anticipate any for some time. Kelly's wife had surgery to have appendix removed, repair a hernia and remove cysts on her ovaries. She is now recovering at home.

We sit in a blizzard today with 3 inches on the ground and 9-12 more coming this afternoon. Please send sleds. Wife and I are both very ill with some kind of virus for 3 days now. Havin' fun in Nebraska!

Our personal D-Day. The clemency package was submitted today and I have just received a copy of it. Captain Oren Gleich, JAG Defense Attorney for Kelly, prepared an outstanding package and has obviously put many hours into it with assistance of Heidi Livingston Klein, wife of Kelly's Command Sergeant Major. Both should be commended for their work which has been nothing short of outstanding. In brief summary, the package outlines discrepancies in testimony and behavior by the accused as noted by two individuals providing recent statements on those subjects. As a result of those statements, Captain Gleich has asked for the following actions in the order presented here:

1. "Setting Aside Findings of Guilt" under Article 60, UCMJ and RCM 1107 - basically overturning the ruling entirely based on: the accuser refusing to release her psychiatric care records, the non-unanimous vote by the jury and the jury being unilaterally conventional Army and all male. Also noted was: a) no one else saw any of her alleged physical signs of abuse including her doctor 4 days later. b) she did not call for help, scream or leave the room when she had the chance. c) she left a valid telephone number in the morning and was said to be excited about receiving his telephone call.

2. "Rehearing" under Article 60(e)(3), UCMJ - an entirely new trial from start to finish granted by the General.

3. "Post-Trial Article 39(a) Session" under R.C.M. 1102(d) - a post-trial session wherein the General directs all new evidence to a Military Judge who can take corrective action such as reopening the hearing or granting a new trial.

4. "Clemency" in terms of years, not days or months - a substantial reduction in the length of time served based on the new trial evidence and the overwhelming amount of support from his friends, family and co-workers stating that Kelly is an outstanding Soldier, Father and friend.

This package will will be addressed by the prosecution and then submitted to General Salazar for review and decision. The package consists of 500 pages of data with 188 individual documents that include such items as approximately 40 statements of support from military and civilian personnel regarding Kelly's personal and professional careers. The military personnel submitting those letters include officers and enlisted. One letter is from a German military soldier. Additionally, the attachments include a petition containing over 255 names requesting clemency and dismissal of charges. Other attachments include copies of Kelly's decorations (such as bronze Star, 5 Commendation Medals, 2 Achievement Medals, etc.), military courses attended, and much more.

Ms. Livingston, who was instrumental in putting together the package, said in an email: "His lawyer told me that this is the largest packet he has ever turned in so it will most likely take longer than usual for the conclusion. But I wanted to take a minute to thank each one of you for contributing to this effort. The statements have been mailed to Kelly by his lawyer so know that he will be thinking of each one of you very soon and probably for the rest of his life. Although it was a small task, hopefully it will go a long way. I am still not at liberty to publicize all of these details, as there are several individuals who have put themselves and their careers at great risk by coming forward. I sincerely hope that one day they will be able to receive their due regards."

Now we wait. How long cannot be determined but I suspect it will be a while because the package is a lot to digest and, frankly, as mentioned below it will be a tough decision for the General to make. I hope he reads the entire package, understands the evidence being presented exonerates Kelly of the charges, and orders the release of Kelly. Meanwhile we wait.

Another problem has surfaced. Kelly's wife was hospitalized two days ago. Kelly was never notified, of course, and only discovered it when Captain Gleich called him to go over the clemency review package. We were immediately concerned because his wife has had cancer necessitating surgery. After contacting the hospital we learned she had emergency surgery for appendicitis. Unfortunately they also found some growths, or cysts, on her ovaries and we are awaiting biopsy results. The two children are being cared for by family friends and we are waiting on results of the medical tests to determine where we go from here. Kelly, of course, is very upset and concerned but there is little we can do at the moment.

To those who submitted letters, statements, emails of support, and donations - thank you so much. We are appreciative of people like you who care and believe in the innocence of our son. May God bless you.

Last night I looked at my wife while she slept and realized that over the past 3 months she has aged 6 or 7 years. It has been really tough on her, to a point where she had a scope last week that determined she has ulcers along with some other problems. The pressure has been tremendous on her and I pray that Kelly's clemency review results in exoneration or I fear that waiting for a 2-3 year appeal and my wife's medical condition will result in the loss of her too.

Kelly wrote a letter to General Salazar and you can read it by clicking HERE. Note, he blames himself for what has happened but declares his innocence. He is, my good friends, innocent.

Again, thanks to all who have helped and believed. Please pray for our son as we wait.

Talked to Kelly tonight and he is finishing up on his letter to General Salazar that will be included in the clemency package for review. Received an email from an old friend, Matt, and it cheered Kelly up considerably.

If you have not done so, please sign the petition requesting the charges to be dropped. It can be found at http://www.gopetition.com/petitions/save-this-soldier.html . Please do so ASAP, as it will be included in the clemency package being prepared for this week.

I again apologize for my Queen's English on this website, but I really do not have time to sit and edit everything. I'm old, cranky and let's leave it at that. Plus, it is cold as hell here in Nebraska. Those are my excuses.

I received a letter yesterday from the Army's office of the Inspector General in response to an IG complaint I filed regarding the trials proceedings. The letter informed me in no uncertain terms they would not touch the subject because it was not in their best interests. I thought that if you filed an IG complaint an investigation was required. Guess I was wrong again. What in Sam hell has happened to the "SYSTEM" we once had? I am answering the letter and it ain't gonna be nice.

We have another unsolicited statement concerning the trial and surrounding circumstances that should be used by the U.S. military justice system to clear Kelly of all charges. The clemency review is Dec 2nd and we are asking the General tasked with the review to order an Article 39(a) review for retrial or dismissal of charges based upon new evidence from this statement and a previous one we received. I firmly believe that based upon this statement's content and details from the other one received a couple months ago that Kelly should be exonerated of the charges and released to active duty. There are 2 problems I foresee during this process. First of all, getting the military justice system to admit it made a mistake. And, two, the reviewer being able to accept the fact that extreme pressure will probably exist from the German government and news media if Kelly is exonerated. Having read about the career of the reviewing General I believe him to be a total professional and he will make the decision in the best interest of the soldier and the military justice system. Which is exoneration. Meanwhile we wait, as does an innocent soldier sitting in Leavenworth.

Awaiting call in next couple of days from JAG in Germany regarding the latest revelations from another statement proving my son's innocence. We'll see how it goes but trying to deal with the "system" is unreal.

We received two donations in the past 12 hours from Darlene and Matt (I don't put last names up because of security, etc). They know who they are and have unselfishly donated to help Kelly. I cannot thank them enough. My wife said today that I have cried more in the past 2 days than the total during our 41 years of marriage. But, it is so heartwarming to see people care and support Kelly and his family. Every time I check email it is like sweating out a poker hand. I'm afraid to look and see nobody has helped, but I have to look to see if someone has helped. The last couple days have been great, though, and truly emotional. Unfortunately we remain far short of our goal to hire the lawyer for an appeal but it is much better after this past week. The minimum cost will be $10,000, but I anticipate much more. That amount has already been spent (and still owed) for the trial lawyer. Plus, I hope to hire a German private investigator to perform some specific actions I believe are critical to proving Kelly's innocence.

I did not write much about my visit a few weeks ago to Leavenworth. The facility has improved since I visited some troops there about 25 years or so ago. Attitude of the military police towards families, in particular, had improved. I saw quite a number of other military prisoners and their families while visiting Kelly. It was so sad to see men who had honorable served this country to now be imprisoned and wearing prison garb, some that will be there for decades if not for life. There are around 450 in the military side (Leavenworth Disciplinary Barracks) and it is a very tough place and in many instances similar to the federal side of the prison. At least, however, those who served in uniform are together. Upon arrival they receive a certain number of points and I guess the starting number is determined by the offense committed and other factors that I'm sure I would not understand. I think that if you get around 28 your end up in solitary confinement, or the "hole", as it is called, (23 hours a day) for good. You get points for screwing up. Kelly started at 17 which is kind of a frightening point to begin. You can have your points reduced by a number of things, primarily not having any problems for a period of time. I think it is somewhere around 1 point subtracted for each year of good behavior.

They have a small PX in the prison where inmates can buy necessities such as soap, toothpaste, etc. That and costs for telephone calls are what Kelly uses with the money sent directly to him. Telephone calls are quite expensive with somewhere around a $3.50 charge just for making the connection and then another bunch of money per minute. It's a racket as far as I am concerned. Anyone can visit but Kelly must give the names to the prison staff 10 days in advance of the date of planned visit. In order for him to call him the name and number must be submitted to the staff and, again, he cannot call it for at around 10 days.

Kelly has been assigned a job in the mess hall and works about 12-14 hours a day in there. They have an outside area for periodical recreation and he mentioned he had played some soccer. I sent him a radio and headset so he can sit with other prisoners and watch the TV channel. Must have headsets on and the TV sound is transmitted to the radio on an fm frequency. Seating like everything else there is determined by several factors such as how long you've been there, military rank and toughness. I didn't see it but understand there is a like situation of federal facilities where ethnic groups pretty much stay together, which I find sad that soldiers must do that.

That's it for this update. Again, thanks to you who donated to the fund to help us. If you would like to help, simply click on a Paypal button found all over this website. It is a very secure method of sending money.

Talked to Kelly yesterday and brought him up to speed on events now taking place. He was not in good spirits. The fact that he will miss his child's first birthday is weighing heavily on him. I received a letter from Kelly 3 days ago and it was filled with statements regarding his family. Obviously, he is suffering from significant depression and I am worried about him. I was, however, able to tell him some fantastic news. We received a tremendous legal fund donation from Monica and Credie and family and I believe he was crying when I told him. I know I was.

There has been an important revelation in the case. We have had someone else step forward suddenly with statements that completely prove the innocence of my son. I can't go into details, but the info has been given to the JAG. Additionally, I have demanded that the Army take action on it and another statement we received a few months ago along similar lines. When the individual with the new statement approached the German and Army legal system the person was told that "it would be difficult to obtain a change in the trial." What in Sam hell is that answer? An innocent soldier sits in prison because the system will not get off its' butt and do the right thing. I understand the clemency review is supposed to occur around December 2nd, but I do not expect significant results. How can it be fair when the chain of command ordering the trial does the review?

I cashed in a small policy I had established to pay for my burial expenses and it will be applied to the legal fund, but we still are a long way from reaching the estimated total cost. I know that Kelly's spouse is trying to sell some assets to assist with it also.

Kelly called tonight and was in better spirits. I told him about the 2 donations to his legal fund and he felt better that someone out there believed in his innocence and cared to help him. A real morale booster.

Thank you Darlene for your donation to the legal fund. Kelly said to give you his love and appreciation. He misses your son.

We still have a long, long way to go in having enough funds to pay for an appeal lawyer and I ask for your help. Use the Paypal button to donate securely to the fund. 100% of all money will be used to pay for a lawyer. Should there be anything left it will be given to the spouse to assist with their horrific financial situation.