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False conviction at Ft. Leonard Wood has destroyed my life

Discussion in 'Military Law' started by Subject120, Jan 27, 2017.

  1. Subject120

    Subject120 Law Topic Starter Guest

    Jurisdiction:
    Missouri
    Hi everyone,

    In early 2001,right before my 19th birthday (January), I joined the Army and set out to begin my life; although, it certainly didnt go the way I planned. Before I could even get past the reception battalion, a female trainee snuck out of the barracks and got into an argument with another soldier who was described in a vague manner as a "white male with tribal tattoos on his arm" which were all the craze when I joined. They did a 2nd set of TB tests on everyone, took my info and I didnt think anything of it, and the next day, I was taken to the CID office, where they told me what had happened. I thought I was losing my mind, not to mention, this was the first time I had even heard of the CID. It was like something out of the movies. Admittingly, I did get scared. They assigned a couple of trainees to keep an eye on me and I paid them each to turn a blind eye for a few minutes so I could get away, catch a bus home and figure out what to do. I did the right thing, turned myself in, and realized that the DNA would clear my name because thats what it's supposed to do, so when I went back, I went to pre-trial at Ft. Sill, OK until my court-martial where my DNA came back while I was there. I went to my court-martial and pled not-guilty to the rape charge and guilty to the AWOL charge, but somehow the DNA evidence was pretty much ignored. It's in my record of trial and I have it at my disposal. My government elected officals tell me that they dont want to be involved and attorneys wont help me.
    Aside from the DNA, I also found this story...

    2 Marines Charged With Rape in Training Scandal

    This has affected my life, kept me from voting, having a decent job, and living a decent life. Not because of something that I did and I am trying to say I'm done having to pay for, but for something that I didnt do in the first place; when I joined the US Military with the intention of making my life better and instead came out with a sex crime felony for something I didnt even do and I suspect was used as a patsy to cover up the story in the article. I'm a white, conservative, male, and I still support my country and always have, so there's never been a group to help me. I think my case is a textbook example of a sick miscarriage of justice and I'm here looking for advice.

    BTW, Innocence Project has ignored all the help I've tried to ask for. I suspect its because its a UCMJ case.

    Also, I can send the DNA papers as well as my 214 to show those doubtful the evidence, and how quickly they threw my future in the dumpster

    Thanks
     
  2. leslie82

    leslie82 Well-Known Member

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    What do you being a white, conservative male have to do with anything in your story? Are you saying that no one will help you because you're a white male with a conservative ideology? Wow.

    Do you have "tribal tattoos?" I feel like there is more than you're saying. Why would you run off if you didn't do anything wrong?

    You can give your DD214 and any paperwork you want to whoever you want to get you to help. Doesn't mean they will. It might be no one wants to help because it's a rape case.
     
  3. army judge

    army judge Super Moderator

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    Most states allow convicted felons who have discharged all of their legal obligations pursuant to their case(s) to vote.

    All civil rights may not always be restored, specifically owning or possessing a firearm.

    But, take a look at this link for information on the 30+ states that do permit convicted felons to exercise their franchise.
    ...
    ...
    State Felon Voting Laws - Felon Voting - ProCon.org
    ...
    ...
    http://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx
    ...
    ...
     
  4. UCMJ failed

    UCMJ failed New Member

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    I wasn't exactly trying to make a political issue of it, but it is what it is, and I only ran in fear of the exact thing that happened happening. I knew I was into something involving the federal government and given the way CID interrogation went, understandably so. I agree that the nature of the case makes someone hesitant to deal with it, but I have the DNA papers and my entire record of trial on hand for any attorney to look at that is willing to. It seems to me like they're not doing their jobs very well.
     
  5. UCMJ failed

    UCMJ failed New Member

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    *edit
    As for the tribal tattoos, I made the distinction because she described a dragon tattoo in her statement. Nothing like what I had, but the fad of tribal tattoos were the thing at the time.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Your post skips from this...

    to the events that happened after you were taken into custody, but you didn't bother to include any details about the crime. You then posted a link about two marines who aren't you who were charged with rape. You gave us a lot of information about DNA testing, but it's not clear what that has to do with whatever crime(s) you were charged with (and, apparently, convicted of).

    Not a lot anyone here can tell you. You didn't tell us what you were convicted of doing or what evidence was introduced against you to gain the conviction. I assume you didn't appeal, but that's not clear either. It's not clear if you're (still) incarcerated or whether you have completed your sentence. You can try to find an attorney to help you with some sort of post-conviction relief, but you're unlikely to find someone who will be willing to help for free.
     
  7. Disabled Vet

    Disabled Vet Active Member

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    There is so much more to this...... You state she got into a agruement but ended up being raped. You ran but you did the right thing and turned yourself in? No... You screwed yourself when you ran. Plus you didn't say if the DNA matched the crime scene.
     
  8. UCMJ failed

    UCMJ failed New Member

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    I know that I didn't make a good decision to take off, and I immediately turned myself in with a 24 hour or so period; I can only blame my own fear of what happening. I knew I was in over my head, and I didn't really understand how my legal rights worked at the time. As for the DNA, i thought i was clearer about it in the post, but no, it didn't match the DNA at the scene or in the rape kit. On the rape kit, the only place that anything matching myself was found was on my own things. There WAS however, DNA that matched neither myself nor the victim.
     
  9. UCMJ failed

    UCMJ failed New Member

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    As for the argument, that was the story in her statement. She snuck out of her barracks, a random soldier gave her a hard time about being out, they argued and he attacked her. I wasn't the one she actually argued with.
     
  10. leslie82

    leslie82 Well-Known Member

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    I had to read this again this is almost a year old.

    That article has nothing to do with you as you are not a Marine Corps instructor nor were you in the Marines nor is Ft Leonardwood a Marine base. I fail to understand why you posted that...lots of instructors and DSs have been getting caught in the last several years.

    I'm confused how you pulled a rape charge if you weren't even in the area...but then you say your DNA matched from the crime scene. So something doesn't add up with your story. The whole thing is confusing.
     
  11. army judge

    army judge Super Moderator

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    Everyone who enlists in the military these days gives his or her fingerprints and DNA.

    It should be pretty easy to match the DNA to a Marine, if it wasn't you, soldier.

    As I suggested way back then, talk to a couple local attorneys that know military law because they were Army, Navy, USMC, Air Force, or Coast Guard JAGS.

    There are many of us all over this country, especially near military bases.
     
  12. army judge

    army judge Super Moderator

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    Marines often train on Army bases, three examples I know about (or did): JAG Officers train at the Army JAG School in Charlottesville and do other legal personnel, Engineers at Ft. Leonard Wood, MO (the ones our OP mentions), and Artillery.

    Back in the day, women in other branches would train with Army WACS.

    There are others I'm told about, Supply, cooks, water purification, laundry, etc... at Ft. Lee, VA.

    I think some other branch MPs train with Army MPs, not sure where these days.
    It used to be Ft. Gordon, GA.

    Some signal MOS' trained at Ft. Huachuca, AZ.

    I'm sure there are others.
    Most use their cadre to train, sometimes they're mixed (or used to be at the Warrant and Commissioned Officer Level), they also use Army facilities.
     
  13. leslie82

    leslie82 Well-Known Member

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    I know that happens but that story has nothing to do with what the OP said though. He said he joined the Army - and was in reception. So there's no way he was a Marine drill instructor and that's what the story is about. I went to basic at Ft Leonardwood. I never saw Marine DI's there. I don't know if I even saw any Marines. I'm curious why he posted that story. I see there was a Marine detachment there in 2001 when this happened...but I still can't see how he's any of them if he was a recruit then.
     
  14. army judge

    army judge Super Moderator

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    He revealed a little more of the story to me via email.

    I think he was still in reception when all this went down, don't recall for sure.

    Marine DIs used to run their engineer training and sapper training at Fort Lost in the Woods.

    Back in olden times, I did my basic there, too.

    Marines were there, but had there own area to train.

    They were in what we call AIT for their MOS.

    Their people were not trained with ours.

    Ask OP, he's pretty straightforward, and has a compelling story.

    Peopel get screwed in civilian courts, they also get screwed under the UCMJ.

    His was an odd one for sure.

    What I've wondered about, these days you give prints and DNA.

    Maybe they weren't giving DNA when OP was there. I just don't know.
     
  15. Disabled Vet

    Disabled Vet Active Member

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    I've seen Marines, Air Force all while serving in the Army. Heck, We were even trained in calling in Artillery Fire by a Marine. Did land nav courses with Air Force folks. I hope this kid can get this figured out.
     
  16. army judge

    army judge Super Moderator

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    Yes, I can confirm all of that for artillery.
     
    Disabled Vet likes this.
  17. leslie82

    leslie82 Well-Known Member

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    I know I'm in my second joint unit in 13 years I've been in so far. Mostly Air Force. At an AF base though. The other one was at an Army base but was a joint unit. I just didn't think a lot of Marines were at Leonardwood. And the article said drill instructors and he said he was in reception so got confused.
     
  18. leslie82

    leslie82 Well-Known Member

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    Yeah they take DNA. I did prints but I had to get a security clearance for my MOS. I don't know what other people who didn't have one. Probably had their prints done too.

    I know people get screwed in UCMJ. I've seen it.
     
  19. UCMJ failed

    UCMJ failed New Member

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    You have it backwards, My DNA was NOT found at any crime scene. The reason I brought up the thing with the marines, is because I thought it was worth the court checking into seeing if any of the marines arrested in that group DID match the DNA that was found on the girls rape kit. There's also a picture of a tattoo that I never had in my record of trial. I have no idea who it came from, and I might politically incorrect in assuming, but I'll guess it's a males tattoo. Regardless, neither one of them matched mine..
     
  20. leslie82

    leslie82 Well-Known Member

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    "I went to pre-trial at Ft. Sill, OK until my court-martial where my DNA came back while I was there." That, the way it's written, made it sound like your DNA was found.

    So if this happened in 2001 why are you waiting so long to try to do something about it?
     

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