FORT DRUM — The death of a soldier the day before his sentencing for child sex crimes is under investigation by the Army, and has left the victim’s family frustrated about what they see as a lack of justice.

Pvt. Rashad Roybal-McIntosh had been found guilty in an Army court martial of rape of a child and indecent exposure, according to the victim’s father, but was found dead on March 26.

Since the private had not yet been sentenced, the charges against him will be withdrawn.

“I don’t want people to think he was a good guy,” said the victim’s father, in a phone call with the Times. “He wasn’t a good guy. He was a predator.”

The father said he was informed by Army officials that Pvt. Roybal-McIntosh’s death was ruled a suicide, but that could not be confirmed independently.

Maj. Isaac L. Taylor, 10th Mountain Division deputy public affairs officer, said Pvt. Roybal-McIntosh’s death is under review by special agents from U.S. Army Criminal Investigation Command. He said investigators do not suspect foul play at this point in the investigation, but have not ruled it out. Maj. Taylor said he could not release additional details about the investigation.

He described the private as “pending trial,” explaining that accused soldiers are presumed not guilty until they are both found guilty and subsequently sentenced.

The Times does not identify victims of sex crimes, and is withholding the father’s name to protect the victim’s identity.

The victim’s father, a Fort Drum soldier himself, had been on post for less than a year when the incident happened in September 2017.

The father said he was frustrated that after the charges were initially filed, Pvt. Roybal-McIntosh was able to train with his unit and move around post. He said he rushed back from a training event in the field after his wife encountered Pvt. Roybal-McIntosh doing physical training on post.

“We’re blown away by the fact the Army let him run around,” the father said. “He roamed free around the post.”

Maj. Taylor said a military judge can determine if there should be any restrictions of freedom for accused soldiers after a determination of guilt.

Greg T. Rinckey, founding partner at Tully Rinckey PLLC and a former Army attorney, said military law makes it clear that the charges should be dismissed since Pvt. Roybal-McIntosh had not been formally sentenced. In many cases, he said, soldiers who are sentenced but die before getting a chance to appeal conviction have their charges cleared.

“He hasn’t had the benefit of full review of his conviction,” Mr. Rinckey said. “It’s unfair to allow him to continue with a conviction that hasn’t been subject to any review.”

He said there have been past cases questioning the number of appeals allowed to a service member who dies before their sentence remains on their record.

“What point do we cut it off? That’s where it gets more questions,” he said.

In the Fort Drum case, Mr. Rinckey said the private’s death before sentencing made the issue more clear-cut.

“He’s not going to die with a conviction,” he said.

The victim’s father said that he was worried the lack of a conviction on Pvt. Roybal-McIntosh’s record would be reflected in potential benefits and burial honors.

“The fact he could have gotten a military burial is disgusting to me,” he said.

Since Pvt. Roybal-McIntosh’s conviction was never formalized, “he may be entitled to it, (and) some form of compensation, which is ridiculous.”

Of more concern, he said, is ensuring his daughter would be able to receive care into the future.

Maj. Taylor said the Army provides a full range of services to personnel and family members who are victims of sexual assault, as required by federal law.

However, the father said he was concerned that the care would only be available while he was in the Army.

“This has affected my daughter in so many ways; this will be a lifetime issue,” he said. “This won’t go away.”

2nd charge against Sgt. Brent Douglas Hansen of accessing child porn dropped prior to Oromocto proceeding

Sgt. Brent Douglas Hansen, 54, was working as a shift supervisor with the range control office at 5th Canadian Division Support Base Gagetown in 2014 when he used a military computer to access pornography. (Catherine Harrop/CBC)

A member of the Canadian Armed Forces has been fined $1,000 and reprimanded after he admitted to accessing pornography on a Department of National Defence computer at the base in Oromocto while on duty.

A second charge against Sgt. Brent Douglas Hansen related to accessing child pornography was withdrawn prior to his court martial Wednesday at 5th Canadian Division Support Base Gagetown because of insufficient evidence.

Hansen, 54, dressed in uniform with the red sash of senior non-commissioned officers over his right shoulder and maroon patches of the 5th division, pleaded guilty to one count under the National Defence Act of “conduct to the prejudice of good order and discipline.”

The offence occurred between June 25, 2014, and Sept. 23, 2014, while he was a shift supervisor with the range control office.

Cmdr. Martin Pelletier, the presiding military judge, said during sentencing it was less about the pornography and more about compromising the security of defence computers.

Security is “an ever-increasing” problem, he said.

Hansen, who has more than 34 years of unblemished service, including tours in Bosnia, Haiti and Kabul, declined to comment following the hearing.

He saluted his defence lawyer before leaving.

Could face administrative review

Prosecutor Capt. Marc-Andre Ferron said Sgt. Brent Douglas Hansen could still face an administrative review and possible sanctions. (Catherine Harrop/CBC)

Hansen will continue to work, as he has since he was charged in November 2016.

But he could still face an administrative review and additional sanctions, which could include dismissal, said prosecutor Capt. Marc-Andre Ferron.

“The Canadian Armed Forces have very high standards of conduct and performance.”

The judge said Hansen’s job will expire in August, when he turns 55.

Defence lawyer Lt.-Cmdr. Brent Walden contends no further action is warranted.

“As the judge hinted at in his decision, viewing pornography is not a crime. The problem here is that it was done on a work computer during work hours.”

Defence criticizes investigative service

Defence lawyer Lt.-Cmdr. Brent Walden said Sgt. Brent Douglas Hansen has continued to work since he was charged in 2016. (Catherine Harrop/CBC)Walden argued the second charge, of accessing child pornography, should never have been laid.

It was “withdrawn over a month ago now, and it’s an example of why the Canadian Forces national investigative service needs to be more careful before laying charges that are extremely damaging to a person’s reputation,” said Walden.

The prosecutor argued the charges met the criteria when they were laid in 2016.

“Before a charge is laid we have a two-step test which we apply — reasonable prospect of conviction and whether the public interest requires that a prosecution be pursued,” said Ferron.

But “in light of new information received … we arrived at the conclusion that we had no reasonable prospect of conviction.”

He did not elaborate on what the new information was or when or how it was obtained.

Joint recommendation

The 5th Canadian Division Support Base Gagetown in Oromocto provides full-time employment for approximately 4,500 military members and 1,500 civilians. It is the largest military facility in Eastern Canada.(Catherine Harrop/CBC)

Hansen faced a maximum penalty of dismissal with disgrace in Wednesday’s judicial proceeding.

The judge followed the joint sentencing recommendation of the prosecutor and defence.

Neither side called any witnesses or evidence.

Aggravating factors, Ferron said, were that Hansen was in a position of trust and leadership, and that he accessed the pornography during work hours and on a DND computer.

Mitigating factors included Hansen’s guilty plea, that this is his first offence and that he has no military conduct sheet.

The courtroom was full of members of the range control office and Hansen’s prior group from the Royal Canadian Regiment. They declined to tell reporters whether they were there as supporters.

The judge did not permit reporters to live tweet from the hearing.

by Tom Vanden Brook, USA TODAY – April 16, 2018

Click here for the original article.

WASHINGTON — The Marine Corps on Monday fired the general in charge of its sexual assault prevention and response efforts for remarks he made at a public meeting disparaging claims of sexual harassment at his command as “fake news.”

Brig. Gen. Kurt Stein was removed as director of Marine and Family Programs by Marine Corps Commandant Gen. Robert Neller after an investigation of his comments on April 6. USA TODAY reported that Stein had referred to allegations of sexual harassment at the Quantico, Va., base as “fake news,” and joked that he lived vicariously through a Navy chaplain recently fired for having sex in public.

The Marines also received an anonymous tip about his comments, which were made before hundreds of Marines and civilian employees under Stein’s command at an “all-hands” meeting.

“After reviewing the investigation, Neller determined that he lost confidence in Stein’s ability to lead this particular organization, and Stein has been removed and reassigned,” according to a statement from the Marine Corps. “Leaders are responsible for establishing an environment conducive to mission accomplishment.”

Removal for loss of confidence typically kills the career of a general officer.

After the story appeared in February, Neller ordered a new investigation of their claims. That probe is ongoing.

Several times during his talk on April 6, Stein called the story “fake news,” a derisive term regularly used by President Trump to dismiss negative news articles. Stein also made a joking reference to Navy chaplain Loften Thornton, who was fired in March. Thornton had been caught on video having sex outside a bar in New Orleans, USA TODAY learned.

Neller has struggled over the last year to change cultural problems in his ranks. A year ago, news broke of the Marines United scandal, in which a private Facebook group of current and former Marines shared often-explicit photos of women without their consent. Several Marines have been court-martialed, while others have received a lesser punishment. It also prompted a new policy on social media use.

In February, Neller fired his top liaison to Congress, Brig. Gen. Norman Cooling, after the Senate Armed Services Committee asked Defense Secretary Jim Mattis to investigate allegations that he had created a hostile work environment.

Stein’s comments damaged the reputation of Marine Corps leadership to handle issues of sexual harassment and assault, said Scott Jensen, a retired Marine colonel and the CEO of Protect Our Defenders, an advocacy group that called for Stein’s firing.

“This decision validates the severity and negative influence of such egregious actions on the part of a general officer,” Jensen said. “People lost confidence in the genuine commitment of the Marine Corps leadership to make a significant and lasting change and they will need to double down to gain trust.”

Rep. Jackie Speier, the ranking Democrat on the House Armed Services Committee’s personnel panel, said,“I applaud Commandant Neller’s swift action, but let’s see if Brigadier General Stein will leave with his full rank and pension.”

RLSO Sign
U.S. Navy. The Region Legal Service Office Mid-Atlantic is where a general court-martial is held on Naval Station Norfolk.
NORFOLK

Senior Chief Eric Lamon Jordan III worked with the Navy’s elite SEAL Team 6 for more than a decade, was known for his integrity after nearly 30 years of service and was just a few months away from retirement in late 2016.

But a night of drinking at his Virginia Beach home, an accusation of sexual assault and a subsequent Naval Criminal Investigative Service investigation changed everything for him and the woman who said Jordan had sex with her while she was passed out in his spare bedroom.

 Jordan was charged by the military with multiple counts of sexual assault, lying to an NCIS agent and assault consummated by battery. He was prohibited from leaving the military while his case worked its way through the legal process.

That process ended in a general court-martial at Naval Station Norfolk earlier this week when he pleaded guilty to making a false official statement about having sex with the woman, and to assault by battery for putting his hands on her body and taking her pants off. Prosecutors withdrew the sexual assault charges against Jordan without prejudice, meaning they could pursue them in the future. The plea was negotiated in a pre-trial agreement.

While Jordan faced the possibility of prison for the crimes he pleaded guilty to and a reduction in rank to E-1, a military judge sentenced him to a reduction in rank to E-6, a petty officer 1st class. As a senior chief gunner’s mate, his rank had been E-8. Jordan had been assigned to the Virginia Beach-based Naval Special Warfare Development Group since 2006, and his duties included running forward operating bases in undisclosed locations around the world to support Navy SEALs and others. He also was assigned to the command known as DEVGRU, or SEAL Team 6, from 1998 to 2004.

The case offers a window into the scores of sexual assault cases the Navy handles every year. The victim was another sailor Jordan had known for years who looked up to him. Both had been drinking at his home while they watched a football game with others.

The woman said she woke up with her pants off, the bed’s fitted sheet had been removed and that there was blood on the mattress itself. When she used the bathroom, she also found a tampon had improperly been put in her even though she wasn’t menstruating. She didn’t have any memories of what happened in the bedroom.

The Virginian-Pilot does not identify victims who say they were sexually assaulted.

Jordan said he helped the woman to the bed in his spare room after he heard her fall in the restroom and that she asked him to lay next to her. He said while he had long known the woman, there was no flirtation or prior physical attraction. During a sentencing hearing, Jordan acknowledged that he didn’t have consent to take off her pants.

The woman said the next day she “felt like death” and that it was as if she “had been hit by a truck.” When she was given a pelvic examination by a medical professional, she was told she had a tear and a urinary tract infection.

An NCIS agent got Jordan to confirm to the woman over the phone that he had sex with her and that it felt like a “punch in the throat” when she heard that. Jordan said he lied to NCIS about having sex with the woman because he was only a few months away from retiring.

The woman’s friends testified during the sentencing hearing that she was physically shaken about what happened, became withdrawn after that night and became agitated more quickly than in the past. They said that has recently improved, and the woman reiterated what she told the NCIS agent, that she wasn’t going to let that night define her.

During the sentencing hearing, Jordan had witnesses who testified to a remarkable career in which he displayed honesty and integrity. Master Chief Karl Parsons, command master chief of Carrier Air Wing 8, noted that when Jordan was a master-at-arms earlier in his career, the two knew each other and were friends. But he said Jordan didn’t let that friendship stop him from arresting him when he got in a fight with some Marines.

“I trust him with my life and the lives of my wife and children,” Parsons said.

U.S. v. Navy O-3 –Naval Base Coronado, CA – tried at Naval Base San Diego, CA

Before #MeToo was a movement, Sen. Kirsten Gillibrand was advocating for “victims’ rights” and attacking men — in the military, on campus, and in her own party.

Allegations: 6 Specifications of Article 120 Rape/Sexual Assault – Two Alleged Victims
Max Punishment: 120 years in prison, Dismissal, Sex offender registration
Result: NOT GUILTY OF ALL CHARGES
Sentence: NONE
Discharge: NONE
Location/Branch/Rank: Naval Base Coronado, San Diego, CA/Navy/O-3

Navy SEAL acquitted in rape case – Click here to read the news article.

Summary: 

Our client, a Navy SEAL officer, was accused of raping two women that allegedly did not know each other. Both “victims” were attractive white women with professional careers. Both were heavily coached by the Navy’s top prosecutor.

How it All Began…

“Victim One” was a 38-year-old physician’s assistant. She met our client on Bumble, a dating app. She worked as a surgeon at a local hospital. She was well educated, physically fit, and well spoken.

Victim One claimed that she went to our client’s apartment because they were going out for drinks. She told the police that when she entered his apartment, he assaulted her. For four hours, she fought him off and he eventually raped her. The next day, she filed an official report with the San Diego Police Department. She went to the hospital where nurse conducted a Sexual Assault Forensic Examination (SAFE). Afterward, Victim One called our client and recorded the phone call. Our client denied assaulting her and told her that he was sorry that she was upset.

Then, Victim One encouraged another woman, Victim Two, to claim that our client raped her as well. The defense did not learn of this fact until right before trial.

The second woman was also a professional woman that was attractive and well spoken. This was a challenge for the defense because male jurors tend to believe attractive female witnesses, especially if they are the victim. Needless to say, our client faced an uphill battle.

The Link – a Frog Hog & Local Gossip

It was crucial that we found some link between the two women. We used a private investigator, but he found nothing. As the trial date approached, we caught a break. The women had a mutual friend that was a Navy SEAL groupie (a “frog hog” as known by locals) and a local San Diego gossip. She connected the two when she learned that both knew our client. Behind the scenes, this Frog Hog played a key role in fanning the flames and trying to push the case forward.

According to Urban Dictionary: A “Frog Hog” is “a slutty woman whose primary goal is to get her hooks into a Navy SEAL.”

“A Frog Hog is an obsessive woman who will do anything just to be associated with Navy SEALs. Frog Hogs use the internet to find every Navy SEAL possible on Facebook, past or present, and “like” and comment on every single thing that any Navy SEAL posts on their profile, and do so with an enormous degree of ass kissing. They also read through everyone’s comments on that particular SEAL’s profile and can figure out who other Navy SEALs are by creeping on their Facebook pages. They then friend request those men and exhibit the same kind of behavior. They also get overly dramatic in facebook arguments, and give their opinions when no one asked them to in the first place, and get extremely defensive over the SEALs that they stalk, even though they may have never met or barely know these men, yet act like they are best friends.”

#MeToo Movement

After they got connected, Victim One tried to convince Victim Two to accuse our client of rape. In one text, Victim One wrote, “We are str

onger together.” Their text messages talked about the #MeToo movement, Harvey Weinstein, and defeating “rape culture” in America.

After the Command preferred charges, someone in the Navy leaked negative information to the media. The press went on to smear our client’s name leading up to the trial.

Before trial, the Military Judge ruled that we could not use much of the MRE 412 evidence that exposed the alleged victims. Thus, we were fighting with one arm tied behind our back and the jury was not able to get the full picture of who these women were.

As far as the jury knew, they were angels, which was far from the truth.

Trial By Jury

Mr. Waddington, our client, his family, & his SEAL buddies celebrate our victory at the Top of the Hyatt in San Diego.

Our client demanded a jury trial and we prepared for battle. The Navy assigned a female Commander (O-5), one of the most experienced prosecutors in the Naval Service, to try the case.

The challenge we faced was cross-examining these seemingly credible women. Both were well coached by the prosecution. Both took the stand and told their harrowing accounts of rape. Many witnesses testified against our client, including an NCIS agent, a digital forensic expert, a sex assault forensic examiner, and a San Diego Sex Crime Investigator. On cross-examination, the defense tore them apart.

After the government’s last witness, the defense rested and called no witnesses. The jury deliberated for an entire day before delivering a verdict of NOT GUILTY of all charges.

After the verdict, Mr. Waddington joined his client, his family, and his SEAL buddies for drinks at the Top of the Hyatt in San Diego.