Military Injustice

WhiteLight Productions on Radar Online and other updates

2012-01-19T09:07:00.001-06:00

Radar Online just did a story about Van Der Sloot and a woman who was backing his appeal with monies sent to Peru. I am happy to say that the man I have been working with to get Edwin's story out, Albert Harris Jr. of Whitelight Productions is also mentioned in this article since he is currently working on a documentary on Van Der Sloot. You can see the article yourself at:

http://www.radaronline.com/exclusives/2012/01/joran-van-der-sloot-lawyer-ripped-claims-guardian-angel

I also recieved news last Thursday that in about 6 weeks, I will be flying out to PA to start filming Edwin's story. I can not wait for the general public to see what has been going on with the lies and cover-up that has happened to my husband and am happy to finally be able to go on record with all the documentation I have in my possession naming the wrongs of the people involved.

A few months ago, I was contacted by Edwin's ex-wife, Gloria Ehlers (although she goes by various other names as well) requesting to see the document that states her daughter Randi Hester, told NCIS agents that she witnessed Stacey Skovranko, the alleged victim's mother, tell the alleged victim that it was my husband who committed this act and that she (Gloria) also wanted to see any letters sent to anyone stating that she "believed Paul and Stacey were lying about what really happened to their daughter", that she would "help the attorney because she did not believe Edwin committed that act he was accused of", and that she "hoped Paul and Stacey would get what was coming to them." I supplied Gloria (and copied Albert Harris Jr. on that e-mail as well) with these documents and have yet to hear her response.

I am beginning to wonder if she is afraid of coming forward because of the backlash she would experience regarding her friend's Paul and Stacey Skovranko. I fully intend on reading these letters and others on camera, ommitting no details, of Gloria sending letters to not only my husband after his incarceration but also to myself in e-mail form and to my sister-in-law as recently as a few months ago.

I have already provided Albert with all the documentation needed to begin filming and can't wait to see the end result to be broadcast on national television!!!!

Whitelight Productions

2011-09-19T21:08:00.000-05:00

Whitlight Productions has agreed to do a story on Edwin and his wrongful conviction by the Marine Corps. Filming will begin in October. The trailer for Edwin's story is at:

http://ireport.cnn.com/docs/DOC-676027

Whitlight Productions facebook page is:

http://www.facebook.com/whitelightproductionstv

United States District Court, Southern District of California (Update)

2011-08-09T08:44:00.003-05:00

Yesterday Edwin was notified that the courts are giving the Government a "do-over". Apparently, the Government claims that they were never notified of the petition in April. Funny, I have documentation from the court stating that as of 4/26/11, the government was notified-yet they still failed to respond under the 60 day time limit to the petition.

So now I have to send off the petition (minus the supporting documentation) to the Government via certified mail and then send a copy of the receipt to the court no later than 8/31/11.

The order to show cause has been delayed until 9/19/11 with a hearing on 9/23.

I read over the 2255 motion sent to the court, and NO WHERE in it does it state that Edwin or I have to serve the Government attorney. Actually, it says that we have to send out 3 copies plus the original to the court because its the clerks job to notify the Government. The clerk completed their job and did notify the Government. Now in turn, after the notification from the clerks office, the Government assigns an attorney (in this case from the U.S. Attorneys Office in San Diego) and they attorney responds to the writ within 60 days under Fed. Civ. R. 12.

They failed to do so and the courts were only made aware of it when I called the clerks office on 7/15/11 to ask if the Government filed anything with the courts since we had not heard anything as of that day. the clerk had asked me if I received anything from the court about the attorney, I replied no. We never got anything from the court about the attorney for the Government because THE GOVERNMENT NEVER ASSIGNED ONE!

When the Government violates the rules of procedure by failing to respond, why then does Edwin have to pay the price for their mistake by having the proceedings extended to accommodate the Government? And why is the court allowing this to happen?

United States District Court, Southern District of California

2011-07-26T09:12:00.001-05:00

In April, Edwin filed for Habeas Corpus in the Federal District Court of Southern Canlifornia. The writ was accepted on 4/21. Edwin received notification from the court dated on 4/26 stating that the writ was accepted, the Government was notified and "action" commenced as of 4/21.

July 15, Edwin had heard no word from the courts and according to Fed. Civ. R. 12, the Government would have had to respond to the writ by 6/20, so I called the clerk of courts. After having a brief conversation with the clerk, he confirmed that nothing has been done on the case since 5/11, when I paid the filing fee.

This means that the Government FAILED to meet the response deadline. The Government also FAILED to assign an attorney and notify Edwin.

Now, armed with all this information I went searching the internet to find similiar cases where the Government FAILED to meet the required deadline. I found none. I found a ton of cases where, on appeal, the defense filed a response out of time--but never the Government. So I was unable to find out what type of relief is available in this type of situation, since I'm sure it's not unique.

I sent out a motion to vacate the sentence and demand Edwin's immediate release because this is a pattern with the Government. It was recieved by the courts yesterday. Throughout this entire ordeal, the Government has delayed proceedings repeatedly and ignored, when brought to their attention, that Edwin's Constitutional Rights were violated.

Is this the final nail in the coffin for the Government case? Will Paul and Stacey Skovranko finally get what they deserve for their roles in this wrongful conviction? We shall see.

What I do know is that this doesn't look good for the Governments case.

In the motion, which follows the 30 page brief submitted with the writ, shows all the lies told by HS, Paul and Stacey Skovranko, Special Agent Eric Muelenberg (NCIS), and Randi Hesters' statement to NCIS in June 2004 where she told agents that Stacey Skovranko told HS to blame Edwin for this alleged crime.

The brief also has the excerpt from HS's medical record that shows Paul Skvoranko took HS to the hospital 7 months prior to HS being TOLD it was Edwin who commited this crime and the attending nurse believed Paul, not Edwin was abusing HS. The hospital conducted a sexual assault and domestic violence screen on Paul and HS while there. The results of the screen are not known, but the medical record clearly shows that it was done.

We now have to wait for the courts to make their decision. Once brought to the attention of a Federal Court, who follow the Supreme Courts rulings-this can not go ignored.

Today is the "Day"

2011-03-25T09:09:00.000-05:00

Today is the last day the Government has to respond to my 40 million dollar lawsuit for Edwin's wrongful conviction. I still have not heard if they are going to file and extension or if they have sent a response.

Update on lawsuits

2011-02-02T17:48:00.001-06:00

Both the Tort Claim and the Tucker Act lawsuit have been accepted. I just received notification today that the Tucker Act lawsuit (the bigger one of the 2) was accepted by the courts on 1/24/11 and given docket number 11-56C and case number 1:11-cv-00056-EJD. The government has to respond by 3/25/11 to the lawsuit.

I wonder, are they actually going to investigate the claims I made and look at all the documentation submitted? Or are they going to leave this to chance and let these go to court?

We shall see.

Tucker Act Lawsuit

2011-01-22T19:08:00.001-06:00

I have just sent out a 40,000,000 Tucker Act lawsuit today and am awaiting the docket number from the courts. This lawsuit is the 2nd of 3 lawsuits that are being filed. The Government will have 60 days to respond to this one unlike the Tort Claim where they have 6 months to approve or deny the claim.

Personally, I am hoping they deny both claims. I want this to go to court so all the documentation I have amassed over the last 3 1/2 years will be made public and everyone will know what Petty Officer Paul Skovranko and his wife Stacey started in June 2004. I want the public to know the lies that Stacey told a child, if front of a witness mind you, that wrongfully convicted my husband and broke up our family. I want the public to know what the military has tried to cover up since that conviction.

If Paul and Stacey had told the truth from the beginning, it wouldn't have to gone this far. Since they refused, I intend on making this issue as public as possible and giving the American public names of all involved. In the lawsuit, I have named all individuals contacted (most are named on this blog) that were aware of these lies and yet, done nothing about it.

I have also supplied the court with the documentation showing that Petty Officer Paul Skovranko lied about taking HS to the hospital on the night of June 2, 2004-as he stated to NCIS and the courts.

I have included the Family Advocacy Program (FAP) run by the DoD where it is clearly stated that at no time since these allegations were brought to NCIS, were they ever contacted, which is required.

Also included was Randi Hesters' statement to NCIS in June 2004 where she told investigators that she witnessed Stacey tell HS that it was Edwin who did these things to her. This statement is in the Record of Trial, but never brought up at court and Randi was not allowed to testify because of this statement. Gloria Ehlers confirmed in an e-mail that Randi didn't testify because she was not going to lie for Paul and Stacey.

Is this not ineffective assistance of counsel Lt. Michael Melocowsky? As the acting DDC at the time, I'm sure would would know all about this statement since you did not want to call Randi as a witness because of it. Randi would have been the reasonable doubt that would have thrown a wrench into your stats. Or how about Prosecutorial Misconduct Major Clay Plummer and Capt John Ellis?

Major Plummers' issues run far deeper than just Prosecutorial Misconduct.  I let the court know that in April 2008 I actually spoke to Major Plummer, at length, about the lies told by Paul and Stacey and information I had at that time about those lies. Major Plummer assured me that it was his "judicial and legal obligation" to report the frauds to the court and for once he was right. He is required to report everything under JAGINST 5803.1B yet he did not. When I brought this to the attention of the Judge Advocate General, it was denied.  I later brought it to the attention to the current Judge Advocate General, Vice Admiral Houck, who also denied any misconduct even though I presented him with all documentation.

Big mistake on Vice Admiral Houck's part.

Vice Admiral Houck is now also included in the lawsuit (as well as everyone else involved from the Commandant of the Marine Corps to the Secretary of the Navy) for violating Edwin's constitutional rights and for being in violation department directives and orders. All of which I found on the Judge Advocates' website.

I have included letters from the DoD IG hotline program director Mr. Leonard Trahan, stating that the DoD IG does not investigate claims of fraud, violations of ethical standards and/or the law. I guess Mr. Trahan is not familiar with DoDD 5106.1, DoDI 7050.01 or even their mission statement which says that anyone, whether military or civilian, having witnessed any of the above mentioned can report it to the DoD IG under the hotline program. I wonder, if the hotline program doesn't investigate these claims, what do they do?

I've been fighting for Edwin's freedom and trying to prove his innocence since his conviction. It's been 3 1/2 years for hell for my family and now it's time for someone to answer for all of this. These lawsuits are intended to bring out the truth and maybe others who have been wrongfully convicted by the military can use this information as well.

As I have stated before, I will not stop until Edwin is home. It's not a matter of IF he comes home but WHEN he comes home at this point.  In the beginning I wanted a new trial to prove his innocence and after everything that my family has gone through I now want his release.

Tort Claim

2011-01-18T13:52:00.001-06:00

I just received notification today, that as of January 11, the Department of the Navy has received my 30,000,000 Tort Claim. This is the first of 3 lawsuits that have been sent out. They now have 6 months to either act upon the claim or deny it. If they choose to deny the claim, I will take this to the courts and let the courts decide the outcome.

I am sure that the Judge Advocate General has recieved the information as well since he is also included in this claim and will also be included in the next lawsuit I file.

Petty Officer Paul and Stacey Skovranko will receive their notification shortly of the substantial lawsuit pending against them as well.

Side note...

2011-01-09T15:37:00.000-06:00

While going through the 2nd of the 3 lawsuits I am filing, I ran across a letter I sent to Major Clay Plummer in April 2008. Major Plummer was the assistant prosecutor is Edwin's case and sat to the side while Capt John E. Y. Ellis fumbled through his case. I forgot about the document I had found in HS' medical record after I wrote to him, and I have failed to mention it on here.

After Edwin's WRONGFUL conviction, Lt Michael Melocowsky-currently working at the Pentagon-gave me a copy of the case file which had all the inconsistencies in the statements from HS, Petty Officer Paul Skovranko and Mrs. Stacey Skovranko. In the case file I found a document from HS' medical record dated 12/12/03. The document is from the ER at the Beaufort Naval Hospital, where Petty Officer Paul Skovranko had taken his daughter HS for a 102 temperature and acute pain.

Now the document doesn't state where the pain was located on the child, but it does state that the Beaufort Naval Hospital suspected the child had been sexually assaulted (possibly by the one who took her to the ER??) and they commenced a domestic assault and sexual assault screen.

This raises a red flag for me. I have taken my children to the ER numerous times, as most parents have. At no point has there EVER BEEN A SEXUAL ASSAULT SCREEN OR DOMESTIC VIOLENCE SCREEN done on either of my children. Not once.

So, why would there be a sexual assault screen and domestic violence screen done on this particular child when her father brought to the ER for pain and a high temp unless they suspected he or his wife of touching HS?

Mind you, this is months before HS came forward with her allegations stating that "someone" touched her but refused to give a name and then Stacey told HS it was Edwin who did this to her. The information is this last paragraph was supplied from Randi Hesters' NCIS statement in June 2004.

This would have been an indicator to NCIS that they may have wanted to look at the family unit first, before accusing an innocent man of this crime.

Since NCIS is incapable of conducting a thorough and impartial investigation, I am not the least bit surprised that this was not flagged for consideration in the document Acquisition of Medical Records. If NCIS had actually notated this information in any of their records during the course of the investigation, NCIS would have been required to look at Petty Officer Paul Skovranko and his wife Stacey as suspects.

Admitting that a man, who from articles online, is very active in his community and serves on numerous church boards, was indeed touching his child (and now that she may be too old for him-he could be touching others) would have looked extremely bad for NCIS.

I wonder how they will feel once this is on the local news? Just some food for thought.....

Update on the Lawsuit(s)

2011-01-04T08:59:00.000-06:00

Today, I have just sent out the required notification to the Office of the Judge Advocate General that I am going to file a 30,000,000 dollar tort claim against the Department of the Navy for the lies that Petty Officer Paul Skovranko, Mrs. Stacey Skovranko and their daughter HS told NCIS investigators and the courts regarding this alleged sexual assault.

Included in the claim is the following documentation:

Petty Officer Paul Skovranko NEVER took his child to the Beaufort Naval Hospital as he stated to NCIS and the court, which was confirmed by Lt Adam Burch from the Admin Office during a FOIA request regarding the visit and a FOIA to the Family Advocacy Program.

Mrs. Stacey Skovranko's statements at court where she was impeached by the judge and found to be lying about her testimony with regards to Edwin babysitting her child when this alleged sexual assault took place.

Ms. Gloria Ehlers' ( I believe this is the alias she is using at the moment) statements at trial where 3 years after HS accused her of witnessing this alleged sexual assault and Gloria not having any knowledge of the allegation against her, Ms. Gloria Ehlers stated that HS was lying if she told anyone that she (Gloria) was a witness. Thereby showing HS for the liar she is.

NCIS Special Agent Eric Muelenberg admitting at trial that he tampered with evidence and admitted that when Edwin requested an attorney, Special Agent Muelenberg did not terminate the interview (although the actual statement was "omitted" from the record of trial, the military judge-Major B. E. Kasprzyk-commented on the fact that Edwin requested to terminate the interview but he didn't take Special Agent Muelenberg's statements regarding the continuation of the interview into consideration).

NMCCA Judge Maksym, in his dissent stated that there was a 3 yr delay from the first report and preferral of charges to the actual trial. This is a direct violation of Edwin's Speedy Trial rights. Judge Maksym also commented that he believed the child was coached by her parents into saying the things that she told investigators and the court.

The Judge Advocate General, Vice Admiral James W. Houck, the Commandant of the Marine Corps, NCIS IG Robert Mulligan, DOD IG Hotline Director Mr. Leonard Trahan, Lt Gen Thomas D. Waldhauser, Major General Richard P. Mills, Lt Micahel Melocowshy, Major Clay Plummer and Capt John Ellis are also named in the tort claim for their involvement.

The basis of the claim are Damages for an Unjust Conviction, Deprivation of Rights, Loss of Consortium, Vicarious Liability (applying mostly to the heads of the commands and departments that have received notification of the wrongful conviction and still have done nothing about it), Violation(s) of the Sixth Amendment and Fourteenth Amendment Rights, Violations of various DoD, SECNAVINST and JAGINST.

This is the first of 3 lawsuits.

Tony Lombardo, Marine Corps Times

2010-09-06T18:19:00.000-05:00

Today while I was looking at the Marine Corps Times online, I found a link asking for "Rule Breakers". So I wrote to Tony Lombardo at the Marine Corps Times. Here is a copy of my e-mail.

Tony,

I saw your article asking for rule breakers in the Marine Corps Times today and thought I would write to you. I happen to know of several Marines, Naval Personnel and NCIS Agents who break the rules daily. Although the rules that are being broken in this case, cost and innocent man his freedom.

Major Clay Plummer, Camp Pendleton Naval Legal Services Office, allowed Capt J.E.Y. Ellis to commit fraud on the court. Major Plummer was made aware of this by myself and my husband's attorney in April/May 2008 and refused to report it through the proper chain of command even though he received the documentation. This is in direct violation of JAGINST 5803.1C, Art 81, Art 92, Art 133 and Art 134-obstruction of justice.

Paul committed perjury at the trial when he stated that he took his child to the Beaufort Naval Hospital for treatment and was denied treatment. He stated to NCIS and the court that the "signed her into the ER, they took her vitals, and several hours later-after receiving no treatment-he signed her out and took her home." The Beaufort Naval Hospital was contacted and stated that Paul and his daughter were never at the hospital in June 2004 as alleged. This document was submitted to Major Plummer. Paul is in violation of Art 107, Art 131, and Art 133.

Paul's wife Stacey lied at court as well. She could not keep her story straight with regards to the allegations of sexual assault and was perjured on the stand.

Their daughter, HS, accused Edwin's ex-wife, the ex-wife's mother Donna and a boy named James of witnessing the alleged sexual assault. Gloria (the ex-wife) was never questioned until the first day of trial where she told the court that HS was lying. Also NCIS did not bother to question Donna or James and Special Agent Muelenberg and Special Agent Gauthier stated to the court that all alleged witnesses should have been questioned. By Paul getting his daughter to falsely accuse an innocent man of sexual assault, Paul is also in violation of Art 134-subordination of perjury.

Special Agent Muleneberg, NCIS Camp Pendleton, admitted to the court that he tampered with the evidence he submitted. Special Agent Muelenberg stated that he filled in the drawing, got a confession (which was not in writing or on video) and that Edwin did not pass a polygraph. The polygraph has never been located after repeated attempts. Edwin did pass a polygraph that was taken by an independent paleographer from the San Diego Police Dept, Mr. Paul Redden. NCIS also failed to report the allegations to the Family Advocacy Program, which is in violation of DoDD 6400.1. This isn't the first time that Special Agent Muelenberg and his supervisor Special Agent Art Spafford have been in trouble for their less-than-honest acts while conducting investigations.

I have a laundry list of DoDD, SECNAVINST, NAVMEDCOMINST and BUMED instructions and directives that have been violated. Some of them are:

DoDD 6400.1/BUMED 6320.40
DoDD 5500.07
DoDI 3210.7
DoDI 5505.3
DoDI 5505.2
OPNAVINST 1752.1A
SECNAVINST 5520.3B
COMNAVLEGSVCCOMINST 5800.1E
DoDD 5525.5
DoDD 5106.01
NAVMEDCOMINST 6310.3
DoDD 1325.04
DoDI 7050.01
SECNAVINST 5430.27B
SECNAVINST 5527.2
JAGINST 5803.1C
SECNAVINST 5430.57G (NCIS IG)

Now I have personally contacted the DODIG Gordon Heddell, NCIS IG Robert Mulligan, DOD Hotline (and received response from Mr. Leonard Trahan), the USMC IG Warren Worth and the Judge Advocate General, Vice Admiral James W. Houck to report these violations. I have received responses from each one stating that they are not going to do anything about it.

Recently (as of 9/1), I submitted a petition for a new trial to the Judge Advocate General, Vice Admiral James W. Houck. I advised him that because of the above violations, Edwin's constitutional rights violations, and the half-assed investigation that NCIS did, I was only going to submit this once, as this was a precursory measure being taken before I file a substantial lawsuit with the Federal Claims Court. My lawsuit will be filed by the end of the month and will name the individuals listed and others that I have received responses from within the Department of the Navy.

My hopes are with filing this lawsuit is that justice is finally served and everyone involved get a big black eye. Pleading ignorance to the law does not excuse violating the law.

I realize that you do not have freedom of the press, since you are controlled by the Marine Corps, and that this will never make it in your papers but I want people to know that type of organization the Department of the Navy is and to what lengths they will go to hide what they have done.

2nd Petition for a New Trial

2010-09-05T10:41:00.002-05:00

The Judge Advocate General, Vice Admiral James W. Houck, received Edwin's 2nd petition for a new trial. The first petition was denied by the Navy-Marine Court of Criminal Appeals (NMCCA) stating that everything was a repeat of what was litigated at trial. This 2nd one is not a repeat of anything that was brought up at trial.

Once I decided to re-file the petition under Art 73, UCMJ, I also did some research as to what should be included and made some interesting discoveries.

Edwin's Sixth Amendment speedy Trial rights were violated. At NMCCA, Judge Maksym stated:

"My marked reservations are, in the main, prompted by the significant delay-opaquely portrayed in the record of trial of the nearly three year interregnum between the first statement of the minor alleged victim and the trial on merits. RECORD AT 319-320. These massive delays shroud the entire proceedings with a specter of reasonable doubt".

By Judge Maksym acknowledging these delays and failing to do anything to remedy the issue, NMCCA has violated the very laws they are supposed to uphold.

In Barker v. Wingo, the U. S. Supreme Court ruled that a "delay of a year or more from the date on which the speedy trial right "attaches" (date of arrest or indictment, whichever first occurs) was termed "presumptively prejudicial". The prosecution is also not allowed to delay the trial for its own advantage, which they did in Edwin's case.

In Strunk v. United States, 412 U.S. 434 (1973), the Supreme Court ruled that if the reviewing court (in Edwin's case it was NMCCA), finds that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and/or the conviction overturned.

The second issue I brought to the attention of the Judge Advocate General, Vice Admiral Houck is the fact that the military judge, Major B. E. Kasprzyk stated in his closing at the trial that he did not consider Special Agent Eric Muelenberg's statement with regards to Edwin terminating the interrogation and asking for a lawyer. RECORD AT 378. The exact quote is as follows:

"Prior to announcing the findings of this court, I want to make clear that I did not consider the testimony of Special Agent Muelenberg with regard to Sergeant Ehlers electing to terminate the interview and ask for a lawyer during the interrogation of 25 May 2005"

Special Agent Eric Muelenberg admitted at trial that when he was questioning Edwin, and Edwin requested an attorney, Special Agent Muelenberg DID NOT terminate the interrogation immediately. He stated that he continued to question Edwin until the duty driver arrived. The exact quote was removed from the Record of Trial prior to the judge authenticating the Record of Trial, which according to the UCMJ- a military judge,sitting alone, is not allowed to do.

By not considering the statement made by Special Agent Muelenberg, the military judge has violated Edwin's Art 31, UCMJ and Miranda rights. The military judge also abused his authority as the finder of fact in this case. In the military, the accused enjoys not only the protections of Art 31, but also the Supreme Court's mandate from Miranda. United States v. Tempia, 16 U.S.C.M.A. 629, 37 C.M.R. 249 (1967)

As soon as this was violated, the United States Marine Corps was at fault.

When the process shifts from investigatory to the accusatory-when its focus is on the accused and its purpose is to elicit a confession, our adversary system begins to operate, and, under the circumstances here, the accused must be permitted to consult with a lawyer. Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2nd 694 (1966).

In United States v. Riley, an agent from NCIS made reference to the accused's invocation of his right to remain silent. The Court of Criminal Appeals recognized that when the prosecution brings such matter to the attention of the finder-of-fact, the usual test for prejudice is the constitutional standard of harmless beyond a reasonable doubt. United States v. Moore, 1 MJ 390 (CMA 1976); see also United States v. Ward, 1 MJ 176 (CMA 1975) (adopting test of Chapman v. California, 386 U.S. 18 (1967)). After reviewing the evidence under this standard the court concluded that when considering all the evidence presented at trial, there is a reasonable possibility the erroneous introduction into evidence of the fact the appellant repeatedly exercised his right to remain silent before trial might have contributed to his conviction. The error if properly reserved, would not have been harmless beyond a reasonable doubt.

The court also noted that failure to make a timely objection would forfeit the ability to make the objection later. The court analyzed the error and stated that the doctrine of forfeiture does not apply where there is plain error. SEE MIL.R. EVID. 103(d). The accused also has to show the court that there was an error, that it was obvious, and it affects a substantial right of the accused. Citing United States v. Prevatte, 40 MJ 396 (CMA 1994).

Going back to Riley, the court stated:

"This tainted view is especially important when considered in connection with the nature of the Government's case. As the Court of Criminal Appeals noted, the testimony of the prosecutrix was wavering; there were no other witnesses and no physical evidence or other direct corroboration at trial that an sexual acts too place." 44 MJ at 674. In opposition to the child's testimony, appellant denied that an sexual activity had occurred and offered evidence of his good military character. With the record in this state, we conclude that the obvious and substantial error in referring to the appellant's invocation of his right to silence "materially prejudice[d] [his] substantial rights." ART 59(a). The decision of the United States Navy-Marine Court of Criminal Appeals is reversed. The findings and sentence are set aside. United States v. Riley, 1 MJ at 391."

Does that last paragraph not sound like Edwin's case? Child says it happened. There are no other witnesses or evidence that anything happened. No witnesses (although HS did state the Edwin's ex wife Gloria, her mother Donna, and a boy named James witnessed the event). Gloria denied all accusations. Donna and James were never interviewed per Special Agent Gauthier (NCIS Parris Island) and Special Agent Eric Muelenberg (NCIS Camp Pendleton) RECORD AT 290-293.

Special Agent Muleneberg also lied about receiving a confession from Edwin. After having told the court that there was a video camera available in the room during the interrogation-he (Special Agent Muelenberg) did not consider using it because "his word should be good enough". Obviously, his word wasn't good enough since it never happened and he has no proof to show that it did.

This was just a sample of the 75+ page document submitted to the Judge Advocate General on Wednesday September 1st. I made it perfectly clear in the brief that 1. they fucked up BIG time and 2. I am filing a substantial lawsuit because of the fuck up.

The government wanted case cites to support my claims, they got it. I also let the Government know that there is something called Vicarious Liability, meaning that the lies that started with HS, Paul and Stacey eventually snowballed to this wrongful conviction and everyone from the Prosecution to the Commandant of the Marine Corps has known about this. By them refusing to remedy the situation, they are all liable and will be named in my upcoming lawsuit.

Pleading ignorance to the law does not excuse violating the law.

NCIS Reports of Investigation

2010-06-02T08:55:00.002-05:00

I have copies of NCIS documents that state Edwin never admitted to anything. Special Agent Muelenberg stated that Edwin told him he had "sexual contact" with the child in question in a ROI dated 5/25/05, yet in numerous other NCIS ROI's written AFTER said "admission", the NCIS Special Agents stated that Edwin said no such thing. Who is lying? What does the documentation tell?

As a matter of fact, the exact quote is that "s/Ehlers denied the claims made by the (vitcim), s/Ehlers continued to deny any wrongdoing". So, where is this alleged admission? Apparently it's on Lexis, and it was taken from the record of trial (and Special Agent Eric Muelenberg's testimony at trial-which if i'm not mistaken is hearsay because no one can corroborate anything that Special Agent Mueleberg said) and the appeals court (where they also viewed the record of trial). Did you happen to see the dissention from Judge Maksym? If I remember correctly, he stated that he believed that child was coached by her parents into saying the things she stated at court. Would this not mean she was lying?

I bet you also didn't read the part where Special Agent Muelenberg ADMITTED to tampering with evidence either did you? I can guarantee that this was also not published on Lexis along with all the NCIS documents and the proof that this investigation was a one sided witch-hunt to save a religious pedphile from public scruinty.

Saying that I am the wife of a molester and that the child is truly a victim is pitiful. You may want to rethink this statement. First of all, Edwin wasn't even living in the home the child alleges all of this happened in. The child also accused Edwin's ex-wife (and her mother's best friend) of witnessing this alleged act (by the way-the child said on tape she was raped, sodomized and that Gloria, Donna and James all watched). Yet, at trial, the child recanted her story and said that Edwin never raped her when she was 3 (she still has a hymen) and also that Gloria, James and Donna were never there to witness this alleged act. What do we believe now?

The military would have you believe a lot of things. Obviously you are delusional to believe everything you read. I personally do not give a shit as to what you believe, the facts speak for themselves, Paul and Stacey lied, they got their daughter to lie and now, my husband-AN INNOCENT MAN, is in prison for those lies.

Letter from Commander Kathleen Kerrigan

2010-05-29T10:22:00.001-05:00

My first letter from Commander Kathleen Kerrigan at the Transient Personnel Unit, San diego was received in April. here is what it said:

Dear Mrs. Ehlers:

Your letter dated 16 March 2010 was forwarded ot this command and received 26 March 2010. The United states Navy takes allegations of this nature seriously and your submissions were carefully considered. The evidence you submitted is insufficient to substantiate a finding of misconduct and, therefore, does not warrant firther investigation.

If you have Any further questions concerning this matter, please feel free to call my Staff Judge Advocate, LCDR Mary Pohanka at (number)

K.A. Kerrigan

Ok, not big deal. She doesn't state in there if she forwarded it to NCIS right? So I wrote back to her and advised her that if she did not forward the information to NCIS as required, she woudl be in violation of the UCMJ. I gave her 14 days from receipt of my letter to complete this. I got this letter yesterday dater 25 May 2010.

Dear Mrs. Ehlers:

I received your letter dated 7 May 2010 regarding your allegations of misconduct committed by Paul. To clarify my earlier letter dated 19 April 2010, the information you provided in March 2010 was in fact submitted to Naval Criminal Investigative Services (NCIS). NCIS did not find sufficient evidence to warrant further investigation. If you are unsatisfied with their response please contact NCIS directly. Specifically, Special Agent Sam Slyen at (number).

Lastly, Paul is no longer a member of this command. He is currently stationed at Naval Base Coronado (NBC). I have copied the Commanding Officer of NBC to inform him of this situation.

Sincerely,

K.A. Kerrigan

Interesting that they would decline a command investigation only after this pedophile was out of their command? Of course NCIS would decline to investigate. They are the ones who fucked this up in the first place. No report to the Family Advocacy Program and required, they didn't check to see if Paul had actually visited the hospital (which according to the child's medical record AND the sign in and out for the night of June 2, 2004, the child was never there), and Special Agent Eric Muelenberg-who by the way admitted at trial to tampering with evidence-no kidding they won't investigate my claims even with all the documentation I have.

NCIS won't admit that some of thier agents did a less-than-adequate job of completing the simple task at hand. Tell me how hard is it to do the job at hand? And do a thorogh job at that? Apparently for the "Special" Agents involved in this case, it was extremely difficult to follow DoD Directives and NCIS' own policies not to mention federal laws. Sounds like these people need a few more lessons in basic investigation skills.

I wonder, would these "Special" Agents remember their names if they weren't printed on their shiny badges?

2010-05-23T10:33:00.002-05:00

On Monday, more letters will be sent to off to the Marine Corps. This time I'm reporting Paul's commander, Kathleen Kerrigan and her SJA for violating directives by refusing to report the fraud that Paul has committed. I have a few other letters, going to other places, and I'll go into more details about those later.

Right now I'm trying to relax a little. Since January, I have tracked Paul through 3 commands, written numerous letters to make sure that the fraud was reported to NCIS as required, and made several new contacts within the military along the way. I am getting all the documentation together for the lawsuit (which should be filed shortly). I'm just waiting on a response to a recent letter I sent. Once that comes back, the attorney will file and then we wait until the court date.

I wonder how the Marine Corps and Navy will feel when some of their own are named in the lawsuit. Since August 2007, I have gathered names of high ranking military officials who know what Paul, Stacey and NCIS did, they have acknowledged an issue but refused to correct it.

In case there is any doubt, everything that I have printed on here is true. I have the documentation to prove what I have written. If by chance, someone out there, (and you know who you are since you and your family have been watching my blog closely) can dispute any of the facts I have written, please feel free to deny any of the allegations against you. Be prepared to show proof in the form of court documents, hospital records, DoD Directives, and whatever else you care to fabricate to prove your point. I have nothing to hide and am willing to share with the world proof of the lies you have told against my husband and my suspicions as to why you told those lies.

Revenge is sweet......

2010-05-14T14:36:00.001-05:00

If you have been following along with what has recently developed, you will already know that I have tracked Paul through 3 commands-Parris Island, USS New Orleans and finally found him at the Transient Personnel Unit in San Diego. I have contacted his Commander, Kathleen Kerrigan and advised her that he has committed perjury (2 times), given NCIS a false official statement, and by allowing NCIS and the prosecution to use his statements at trial, also committed fraud. All of which are in violation of the UCMJ Art 107- False Official Statements, Art 131-Perjury and Art 132-Frauds against the United States.

Commander Kerrigan and her SJA wrote me a letter dated April 19 and said that they would not report this fraud to NCIS as per SECNAVINST 5430.107 (series). Now, I wrote back and have given them 14 days from reciept of my letter to report this fraud, which was received on May 10. If they do not comply, I have every intention of reporting this through their chain of command and making it public that they, themselves, are in violation of UCMJ Art 78-Accessory after the fact, Art 81-Conspiracy, Art 92-Failure to obey and order or regulation, and Art 133 Conduct Unbecoming.

Just today I received news via my own information system, Stacey and Paul are moving again, only this time back to Beaufort, SC. Apparently, Paul is going to yet another command.

If I were to believe this, this would mean that the United States Navy is moving Paul again so his current commander, Kathleen Kerrigan, doesn't have to make this mandatory report to NCIS. This would also mean that the United States Navy is now hiding said pedophile by allowing him to continually change commands because he just came from Beaufort, SC in December 2009.

What to do???

Well as I said above, if I were to believe this, it would make for a very interesting addition to my lawsuit. Since I don't believe it (without any actual proof yet), I'm going to take this information with a grain of salt. I happen to know that Paul was questioned by his command regarding the documentation I submitted and also my allegations, which is why Stacey is "freaking out" regarding these allegations being brought against her and Paul.

I've also seen that the alleged victim, age 12 this year and possibly instructed by her mother, recently removed all pictures of her posing with other men and their families from her public myspace page (which by the way, now reads that she is 23 years old-apparently she is aging quite rapidly).

It would be easier if Paul and Stacey would just admit they lied. They can't keep these lies a secret forever. It's in the public view and the military knows about them. Why continue this charade? Why continue to wake everyday telling themselves that eventually I'll just go away and they will have their happy lives back flying right under the radar.

News flash Paul and Stacey, I'm not going away. No matter where they go (whether in or out of the miltiary) I will make sure that they are reminded daily of what they have done. Including the lives ruined and the lies to told.

Stop trying to fight the inevitable. They will be caught and they will go to prison. For every letter I write and receive the response to, I add to my collection for Edwin's lawsuit. Now that Paul's current command is aware of the allegations, this will go back to NCIS. NCIS will then be able to see what I have told them all along:

-Paul never went to the Beaufort Naval hospital with his daughter as alleged

-Paul lied under oath in his sworn statement to NCIS June 3, 2004

-Stacey's statement to NCIS regarding her daughter's medical exam after meeting Edwin and his ex-wife Gloria (also used to help solidify allegations against Edwin) actually took place in December 2001 not after June 2002 when Paul and Stacey met Gloria. I have copies of the child's medical records.

-Family advocacy Program (DoD Directive 6400.1) was not involved at any point with the investigation. Also the local police and child protective services were never involved (partly due to the fact Paul was never at hospital with daughter and that NCIS failed to make the required report).

-Randi told NCIS that Stacey told the child to blame Edwin (In NCIS documentation)

This would certainly blow their case and investigation apart and finally, Edwin would have his justice he deserves.

Update

2010-05-09T20:13:00.002-05:00

In January I wrote to Brigadier General Padilla at Parris Island, MCRD and let him know that Paul, the father of the alleged victim, gave a false official statement during an NCIS investigation, perjured himself while at trial in August 2007 and also committed fraud against the United States by allowing the government to use his statements as fact, when he knew the statements were a lie.

Being the base commander, Brigadier General Padilla, is required to report all incidents of fraud, perjury and false official statements that come across his desk. I awaited a response to the infomation and documentation I provided him until the letter I received on February 24th. His letter states:

Dear Mrs. Ehlers:

I received your letter dated 22 January 2010 concerning the general court-martial and convition of your husband, Sergeant Edwin A. Ehlers, II. Your letter expresses belief that there were "false official statements(s), perjury, and fraud against the United States committed by a man who is stationed at Parris Island MCRD." You also listed what you believe was a violation committed by another member of this command.

This command takes pride in our members possessing and displaying the highest values expected of all service members, including courage and integrity, and instilling those same values in the young men and women we train. To this end, we rouinely investigate and prosecute any substantiated violations of the laws, regulations, or ethical standards by members of this command.

After a thorough search, I have concluded that neither of the individuals whom you allege committed these violations are currently members of this command, whether stationed at Marine Corps Recurit Depot, Parris Island, South carolina or the Eastern Recruiting Region. As a result, I am unable to act upon these alleged offences.

F.M. Padilla
Brigadier General
Commanding General

So, after reading this, it got me thinking...either Paul is now out of the Navy (which would make it a hell of alot easier to have him prosecuted for this BS game he and his wife are playing) or he was stationed somewhere else. I picked that he was stationed somewhere else, because if the Navy has hidden what he has done thus far, he wouldn't want to leave them right? I started looking and found out that he was attached to another command and working at Miramar in Southern California. California being the place that his daughter, the alleged victim, couldn't go back to because of all the trauma that happened to her out there...by her father, if it happened at all.

That night I wrote to the Miramar Base Commander, Colonel Richie and Chaplain Wesley Sloat. I sent them all the information I included to Brigadier General Padilla, and also included the response that I had received. I sent it out and got a response from Colonel Richie's SJA the other day.

Paul is not attached to a Marine Command at Miramar, but working at one of the offices there. As of that letter he was attached to a ship that is a port in San Diego. The SJA gave me the ship's quarter deck number to get the mailing address. So, after a few google searched later, I found the ships website and got the information I needed.

I printed out yet another letter, this time addressed to Commander Oakey apprising him of the current situation and included the paper trail I was amassing while trying to locate Paul. The letter was sent out and just today I received a response from Commander Oakey.

Paul transferred from the USS New Orleans to the Transient Personnel Unit, Naval Base San Diego on Januray 8, 2010. Commander Oakey gave he a contact name and number to find Paul's current command information. I have spoken to a man (who I won't name because he's not involved at this point) said he was going to have to look in some paperwork to locate Paul becasue he checked out of TPU.

My letter and information was forwarded to Paul's CO, Commander Kathleen Kerrigan. She and her SJA sent me a letter dated April 19. They clearly stated that they were not going to report the fraud, perjury and false official statement to anyone. Well here's some news for them. This past Friday, I sent my respone. I clearly told Commander Kerrigan that if the fraud was not reported to NCIS, she and her SJA would be in violation of the UCMJ and also applicable SECNAVINST and DOD Directives. I told her that she has 14 days from the receipt of this letter to comply with the laws and directives or I would report her to her superiors. My letter was reveived on May 10 at 11:16 AM. The count down has begun for the 14 days (and I'm not talking about business days either).

I also asked her if she was acting on advice from her SJA, or if she was defying the directives on her own. I plainly advised her that if she was acting on her SJA's advice, she may want to get her updated training with regards to the mandatory reporting requirements of fraud. I'm anxiously awaiting the response.

I sure hope Paul "appreciates" the all the time, energy, and effort (not to mention the electric bill from all the searches I've had to do recently) I'm going through to have his ass in a sling for the lies he, his wife Stacey and their daughter told against my husband. I can only hope that the military finally put the right person(s) in prison for this crime.

I have taken a poll among family and friends, all of whom KNOW from the paperwork I've collected over the last 2 1/2 years, and they believe it's Paul, the childs father, who was touching her before ever meeting my husband and judging by the child's medical record, I'd say they were right. The general consensus agrees that Stacey either approves or is turning a blind eye to the situation so as to keep her happy little family and all military benefits intact at the cost of her daughter.

If you know the child in question, you may want to look up her PUBLIC myspace page, where she states she is 22 years old and has several pictures on the site of herself posing with various men and their families. Stacey, her mother can not claim ignorance to her daughter's online activites as she (Stacey) is listed as her daughter's number 1 friend.

Why would a child of 12 advertise herself as a 22 year old woman under the "protective and watchful eye" of her mother and father, open herself up to online predators in full view of her parents, unless they themselves are the predators???

I only have one thing to say about this whole situation.

You can't hide behind your lies forever. When the truth comes out about what Stacey has allowed her husband to do to her daughter, and rest assured it will come out, BOTH of them will go to prison for a very, very long time.

I myself, will be sitting front row during Paul's court-martial with a shit-eating grin on my face while I watch their world fall apart as mine did. I will then leave that court room and dance in the parking lot on the way to my car, the same as Stacey and her family did when leaving court that August afternoon.

I will get to go home to my family knowing that her husband Paul, will only see the inside of an 8x10 cell for the next 25 years (if he's lucky and doesn't get more for his role in all of this).

Turnabout is fair play.

A Side Note

2010-05-03T23:30:00.000-05:00

Sorry, I've been "away" for a little bit. I needed to take care of some personal things on my sabbatical. I have been watching the blog, and reading the responses. It's interesting that the ex and her daughter would post something on my personal blog (which I keep public for all intent and purposes) only after they were under the assumption that my husband Edwin and I were getting divorced.

Interesting indeed.

Though this was meant to post the truth about what really happened and not for the petty arguments that were trying to be played out in this never-ending drama, it seems to have taken a minor detour for the worst (and I mean it in the nicest way for said ex and daughter). Although, I am interested to know which one had the possession of the single brain that they obviously both share on the day said posts were made?

This is to Randi, the ex-step daughter and Gloria the ex-wife.

Randi made it clear in her online statement that she was not going to get on the stand at the trial and lie about what really happened. So, Randi, what really did happen? Since you were the first point of contact this child had, and you told NCIS in June 2004 (refrencing the Record of Trial at this point) that Stacey told her daughter that it was in fact Edwin that did these things to her since the child would not name the person who did it, what lies are you referring to?

Was it the lies that the child herself told the court? Or the lies that her father, Paul, stated to NCIS in his sworn statement and at trial regarding the alleged hospital visit? Don't fret, I already know Paul didn't take his daughter to the hospital on June 2, 2004. I have written documentation regarding that little (and well known) fact. Or was it possibly that your mother and Stacey cooked up this scheme to get back at Edwin for divorcing you mother and leaving her broke and made your uncle and grandmother leave Camp Pendleton when he stopped sponsoring them to stay at base housing?

The only reason I ask the last question is because Stacey told the court and NCIS (in her sworn statement) that the 2 of you had been up all night long (meaning the night before the child said someone touched her) talking about your mother and her financial problems since Edwin and her seperated (referencing again, the Record of Trial). Were you involved in this scheme to help convict and innocent man for a crime he didn't commit? Was this Stacey's idea to help your mother? Or did your mother think of this on her own?

I'm going to assume that you were innocent in this wrongful conviction and played like a fiddle by either Stacey or your mother, maybe even both. I'm not willing to put the blame strictly on your mother, because, let's face it, at trial when she was asked if she witnessed anything regarding the child's allegations (because the child accused your mother of walking in on the alleged sexual assault). You mother said she didn't know anything about the accusation and she stated that the child was being untruthful (again, referencing the Record of trial).

Intersting that she wouldn't have been notified of being accused 3 years after the initial report stating she was a witness by either NCIS or her "best friend" Stacey. In fact, if I remember correctly (and let me tell you I have a WONDERFUL memory) you mother pulled Stacey aside on August 20, 2007 after her testimony and yelled at stacey regarding the accusation. Apparently, your mother was extremely upset that her name was even brought up with regards to this accusation. Was this the lie you were referring to?

I also realize that with the intellegence level equivenlant to that of a 2nd grader (sorry if I'm offending any 2nd graders) that some words here may need to be looked up by (and may I recommend wikipedia), those of you that this is directed to, I'm sure someone can help you look up in the dictionary any words that you do not understand here (perhaps someone outside of your gene pool).

I apologize to the other readers of my blog. This will be the last personally directed entry in this blog, since this blog is intended for the truth and only the trush as to what has happened before, during and after Edwin's wrongful conviction.

Statement from Edwin "Eddie" Ehlers

2010-03-06T17:32:00.001-06:00

This statement was prepared by my son, Edwin Ehlers for this blog and his case.

Everyone is using this blog to air their dirty laundry and argue about stuff that is not important to my case.

Here is what I want everyone to know,

Gloria is playing my sister for a fool. She has lied about wanting to help, but when my attorney contacted her, she stated that she was moving on with her life and did not want to be bothered anymore. I know Gloria and Stacey are still friends, I'm not stupid and neither is Anne. So either help and talk to Mike about what you know or go away, but remember that either way I'm not coming back to you. It's over and has been for several years. Anne can't give you any information to feed to Stacey and Paul about my case because I cut her off when she admitted that you and her were friends again.

Randi, thank you for sticking to your principles and not getting on the stand to lie but you also did not tell the truth about what you saw and heard the day Stacey told her daughter to blame me for the alleged crime. You may have told NCIS in June 2004 what really happened, but at the trial you didn't tell the court about the lies that family said about me.

None of you can begin to understand what I have gone through the last 2 1/2 years and I hope that you never have to. Being wrongfully convicted for a crime, where there are numerous people who know I didn't commit the crime, and not having any of you come forward with the information you know makes you no better than Paul and Stacey themselves.

I don't get to see my kids, I 'm also not allowed to talk to them over the phone or write them letters. I'm also not allowed to get pictures of them anymore. I don't get to see them grow up and my baby girl doesn't even know me. My son suffers daily from seperation anxiety now thanks to all of you. I hope you can live with yourself after all of this because obviously you can't feel guilt otherwise you wouldn't hesitate to come forward and tell what you know.

2010-02-28T18:51:00.002-06:00

This is not what the blog was intended for when Angela started it. It was to bring out the TRUTH, not start a war of words between people who could care less about each other. My earlier comments come from my frustration about this situation and the lack of help from any direction.

The TRUTH of the matter is Edwin is locked up for a crime he did not commit. You know it, your mother knows it and most of all Paul and Stacey know it. I fell you and your mother are covering up for Paul and Stacey's lies.

Your mother left Mike a voicemail when he contacted her last year. She told him that you and her would not help Edwin and that she wanted him to leave the two of you alone. The two of you wanted nothing to do with helping at all. Angela e-mailed me a copy of it after Mike sent it to her.

I am proud of the fact that you refused to get on the stand and not lie as you stated in your comment, but if you do know something please contact Mike. I have been left holding the bag on this because Angela is out of the picture now. 2 1/2 years of stress was too much for her to deal with. She had to think of herself and the children for once and not anything else. No she is not perfect, but she hung on as long as she could. She will not speak to me or give me any information either. So I am still trying to piece together things as they come.

As I said before this blog is about the TRUTH and bringing the TRUTH out. If you have any information that will help exonerate Edwin, please feel free to come forward, but I would appreciate it if you would keep your petty little comments to yourself if you have none.

Randi

2010-02-27T08:59:00.002-06:00

Randi,

This is Elizabeth, Edwin's mother. I am running this blog now. The information about your family came from you mother, the drug addict. I told Angela the information your mother gave me the day I paid 3500.00 to get you and your brother back with your low-life mother. You might remember, it's the same day that I paid 250.00 to keep your grandmother, another drug addict, out of jail for writing bad checks. This all happened at the Walker County courthouse about 30 minutes before we saw the judge.

Tell me why didn't you testify at the trial?

2009 Commander's Quick Reference Handbook for Legal Issues

2010-01-23T18:10:00.001-06:00

I recently came across this manual and searched for the most up-to-date version. This is it:

http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA501264&Location=U2&doc=GetTRDoc.pdf

On page 1, it states:

Report of offences (complaints) to the Commanding Officer MUST be investigated. The degree of the investigation depends on the offense. Manditory report to NCIS, whether occuring on or off base and regardless on civilian law enforcement involvement include actual, suspected or alleged major criminal offenses and all instances of fraud against the United States within the Navy and Marine Corps. Fraud against the United States involves "intentional deception designed to unlawfully deprive the United States of something of value or to seek from the U.S. a benefit, privledge, allowence or consideration to which a person is not entitled (e.g. false statements).

Having said this, the United States was deprived of Edwin being active duty by the lies of this family. There by, committing fraud against the United States. Meanwhile this family has (more than likely) received compensation for making these false official statements to NCIS during an investigation and perjury during a court martial proceeding. Yet they go unpunished.

I have, as of today, sent out a letter (will have more about it later after I receive a response) that details exactly how the father of this little girl committed perjury and gave a false official statement to NCIS. I also looked under the US code and discovered that the statute of limitations have not run out on it either but that if it is brought before a court martial he could spend quite a few years in prison.

The letter gave the names of people who this father alleged he spoke to the night he took his child to the Beaufort Naval Hospital. How as he alleges, he sat there for hours without his child being treated and after she told him that Edwin did not do anything to her he was allowed to sign her out of the emergency room and take her home. I even stated in the letter the father of this child admitted to NCIS in his sworn statement and to the court that he told his Commanding Officer in the Chaplains office that his daughter said she was sexually assaulted and that this Commanding Officer, being part of the Sexual Assault Victims Intervention Program FAILED to make the required report of these allegations to the PMO (as required BY LAW) and also failed to make an OPREP-3 SIR report to an Echelon 2 Commander within the 24 hour REQUIRED time frame.

2009-12-20T18:46:00.006-06:00

I haven't been on my blog lately, but today found a message left on here from "Anonmyous". I have published it. It's under the letter from Admiral Houck. This person felt the need to inform me that "Admiral Houck is the kind of integrety with which you are unfamiliar. You are a very sad person and need to let a lawyer handle the case rather than a blowhard like you.

I have a few things to say about Anonmyous. First and foremost, I DID let an attorney handle this, that's why Edwin is now locked up-they didn't do their job in the first place. Second, at least I have the backbone to put my name on everything on this blog AND on every letter sent to the Judge Advocate General. Do you? Obviously you are either afraid that your opinion is nothing more than you kissing up to the Admiral or you are afraid of reprisals (not from me but our government).

I have nothing left to lose (or hide) and that is why I sign my name to every letter, blog addition, and every newspaper I contact.

Perhaps, since you have such respect for Admiral Houck and his intergity is beyond reproach, you may want to tell him to cover his head and protect his "integrity" because when the shit hits the fan, with the pile being a 40 million dollar lawsuit--HE WILL BE NAMED.

Anonmyous, you must be military. Tell me, do they issue the knee pads or is that something you must supply on you own?? An old wise man once told me- It's not what you know, it's who you blow. With Eddie being locked up, I can't afford knee pads. You can guess what side of the desk I'm on.

This is from my mother-in-law.

Dear Anonymous,

As Angela stated, you are either military or dependent of a military person who has personal contact with the Admiral. As a 27 year Veteran, I can tell you that just because the Admiral is nice DOES NOT make him right. He is playing the political game to continue his career. His job is to make the military look good. To admit the military was wrong, could jeporadize his career and give him a black mark when he retires.

So if you are military, be careful where you post your opinions. Big Brother is watching. If you are a dependant, I hope you never have to go through what Angela has. If you are going to defend someone, be proud and sign your name. Otherwise, keep quiet. The Admiral can take care of himself. I hope he is ready to defend himself in the lawsuit.

I am proud to sign my name, not only as Edwin's mother but as a Navy Veteran with knowledge of how the government covers things up.

Elizabeth Ehlers
US Navy Veteran

All DoD Directives, JAGINST, NAVMEDCOM, Federal/State Laws the Marine Corps and NCIS have violated

2009-11-26T19:26:00.022-06:00

Lately I've been asked to clarify all the instructions that these people violated to convict Edwin. Here is the list (which by the way, gets longer daily).

Sexual Assault Victim Intervention (SAVI) Program-dated March 23, 1998

http://www.brooksidepress.org/Products/OperationalMedicine/DATA/operationalmed/Instructions/1752_1a.pdf

Sexual Assault Prevention and Response Program Procedures-dated June 23, 2006 is an update from 2004 (still applicable because the case was still in the investigation stage at this point)

http://www.dtic.mil/whs/directives/corres/pdf/649502p.pdf

VA/SARC Training manuals

http://www.usfk.mil/old/sa/Training_files/Module%2021%20(Overview%20LE,%20MCIO,%20&%20Legal%20in%20SA.pdf

Family Advocacy Program dated 8/23/04 updated from 1992

http://www.dtic.mil/whs/directives/corres/html/640001.htm

SECNAVINST 5520.3b dated January 4, 1993

http://www.brooksidepress.org/Products/OperationalMedicine/DATA/operationalmed/Instructions/5520b3.pdf

SECNAVINST 5520.4b dated August 2, 1989 page 4, Section 11

http://antipolygraph.org/documents/5520b4.pdf

SECNAVINST 5527.2 dated April 25, 1994

http://www.usa-federal-forms.com/usa-fedforms-dod-secnavinst/dod-secnavinst-5527-2-nonfillable.pdf

COMNAVLEGSVCCOMINST 5800.1e dated February 19, 2002

http://www.jag.navy.mil/library/instructions/5800_1e.pdf

DoD Directive 1030.01 dated April 13, 2004

http://www.dtic.mil/whs/directives/corres/pdf/103001p.pdf

DoD Directive 5525.7 dated January 22, 1985 (updated in 2007)

http://biotech.law.lsu.edu/blaw/dodd/corres/pdf2/d55257p.pdf

DoD Directive 6400.1-M dated August 1992 (updated August 2007)

http://www.dtic.mil/whs/directives/corres/pdf/640001m.pdf

California Mandatory Reporting Requirements dated January 1996 updated in 2009 (military alleges the sexual assault took place in CA)

http://www.lao.ca.gov/1996/010596_child_abuse/cw11096toc.html

DoD Directive 5525.5 dated January 15, 1986

http://www.fas.org/irp/doddir/dod/d5525_5.pdf

18 U.S.C. Sec 2258 (covers violations made by NCIS and CO of the father of victim)

http://codes.lp.findlaw.com/uscode/18/I/110/2258

42 U.S.C. Sec 13031 (covers hospital reporting requirements)

http://www.law.cornell.edu/uscode/42/usc_sec_42_00013031----000-.html

JAGINST 5803.1C dated November 9, 2004 (Major Plummer not reporting fraud, UCI, etc)

http://www.jag.navy.mil/library/instructions/5803_1C.pdf

NAVMEDCOMINST 6310.3 dated April 21, 1989

http://www.brooksidepress.org/Products/OperationalMedicine/DATA/operationalmed/Instructions/63103.pdf

Obviously the last 27 month since Edwin's conviction has not gone to waste. This is just a brief overview of all the violations that have been discovered, reported to military officials and simply ignored. I add to these daily as I find more and more things that the Marine Corps, Navy and NCIS didn't do because they felt they didn't have to.

Some of these have been updated, but I'm interested in the ones that were in place between the first report in June 2004 through the conviction in August 2007. Some are applicable to whom I have reported these violations to.

Repsonse from Senator Amy Klobuchar

2009-10-31T13:08:00.003-05:00

I just got this today, along with my Art 73 Petition.

October 28, 2009

Dear Ms. Ehlers,

Thank you for your recent letter requesting Senator Amy Klobuchar's assistance with your husband's legal matter.

After reviewing the additional information you submitted regarding your husband's case, it is clear to me that his situation is legal in nature. Our office would like to be of assistance to you, however we are not permitted to provide legal advice or counsel, as our Constitution strictly limits intrusion of one branch of government upon another. In compliance with this doctrine, decisions can only be reviewed, altered or otherwise appealed through courts and judicial processes.

Should you wish to pursue this matter, you should seek legal counsel. We sincerely regret that we cannot be of assistance to you in this matter. Again, thank you for taking the time to contact Senator Klobuchar.

Sincerely,
Greg Swanholm
Constituent Advocate
United States Senator Amy Klobuchar

Again, exactly as I figured. Since this letter is stating that "decisions can only be reviewed, altered, or otherwise appealed through the courts and judicial processes" my lawsuit against the United States is going to be filed within the next few weeks, and once I get a docket number I am going to the press and posting it all over the net.

One good thing, the Art 73 petition was returned so the copies going to CAAF court can also be sent soon.

Call from the Office of Congressman John Kline

2009-10-31T09:13:00.005-05:00

This past Wednesday morning while I was getting ready for work, I got a call from a gentleman who works in Congressman John Kline's office. I explained what was going on with Edwin, the DoD Directive violations, SECNAVINST violations, JAGINST violations, and blatant disregard for the law during our 30 minute conversation. At the end of the conversation, this man told me that there was nothing they were able to do because "their 3 inch book of ethics doesn't allow them to get involved with legal matters".

This is exactly what I had figured and expected them to say. I let this man know that I had received a letter from Senator Amy Klobuchar, who is on the judiciary committee. He questioned me about this for 5 minutes then stated that he was not aware that they are able to do anything either. I told him what I had sent to her Minnesota office per her request (which was all documentation showing Edwin's innocence-being that she is a former Minnesota prosecutor, she would know how to read the Art 73 petition and brief).

I then let this man know that I plan on filing a multi-million dollar lawsuit in Federal Claims Court under the Tucker Act for these violations, since the Judge at NMCCA admitted that the military has violated Edwin's constitutional rights.

This conversation was extremely interesting because apparently Congress can write the laws, but they are not able to enforce them or they simply don't care what the government does.

Here's an FYI, if I were to do anything that the government or this family has done (i.e. false testimony, fabrication of evidence, tampering with evidence, etc) I would be prosecuted to the fullest extent of the law and thrown in prison. Yet these people are getting away with it because no one is allowed to drop this on the military's doorsetp. Obviously I've done my research and found these inconsistencies and outright lies, but who is going to do anything about it? Apparently not Congressman John Kline (according to the man who called me) because it's an "ethics" issue.

Where where the government ethics when Edwin was wrongfully convicted?

If I'm not mistaken, Congressman John Kline is up for re-election next year. I work in his district and a majority of my friends live there as well. I've already let them know about this phone call and most have agreed to pass the word along to their friends and family. Many are being referred to my blog for information. Since congress is unwilling to do anything about it, why are they there? What exactly do they do? I've always been told if there is an issue, write your congressman.

Remember the old saying in customer service "if a customer has a great experience, they tell 4 friends. If they have a bad experience they tell everyone".

Here's a link too Congressman John Kline's website

http://kline.house.gov/index.html

My letter from James W. Houck, Vice Admiral, JAGC, US Navy

2009-10-22T20:00:00.008-05:00

I sent off letters in August to the Secretary of the Navy and advised him that things that went on in Edwin's investigation/trial were in direct violation of DoD Directives and Secretary of the Navy instructions (SECNAV), most of which I have posted on my blog.

On Monday October 19th, I got a response from Vice Admiral James W. Houck. The letter is dated 10/7/09 and he stated:

Dear Mrs. Ehlers:

This responds to your letter of August 8, 2009 to the Secretary of the Navy, requesting that he inquire into matters relating to the conviction of your husband, Private Edwin Ehlers, US Marine Corps. The Secretary of the Navy has directed me to answer your letter on his behalf.

It is my understanding that your husband is seeking additional appellate review before the Court of Appeals for the Armed Forces. Accordingly, because appellate review is ongoing, it would be inappropriate for the Secretary of the Navy to comment specifically on issues before the court. Please note that if your husband is not satisfied with the results if his appeal to the Court of Appeals for the Armed Forces, he has the right, pursuant to the Secretary of the Navy Instruction 5815.3J, to seek clemency and parole through the Navy and Marine Corps Clemency and Parole Board.

If you have any information that would either assist your husband in his appeal, or support a petition to the Navy and Clemency Parole Board, I encourage you to contact your husband's appellate civilian or military counsel.

As a separate matter I note that the Office of the Judge Advocate General and the Staff Judge Advocate to the Commandant of the Marine Corps have thoroughly reviewed your claims concerning the counsel involved in your husband's case and have provided a direct response to you concerning the outcome of that review process.

Sincerely,

James W. Houck
Vice Admiral, JAGC, U.S. Navy
Judge Advocate General

What a fucking joke! And it took 2 months to get a response? I've seen mold grow faster than the military giving me a response to this issue.

First of all, I HAVE provided this to the courts-both the NMCCA and CAAF (where Edwin's case is now pending and the judge's "mistake" of admitting that this brat and her parents are liars), I mean that Judge Maksym believed that her parents "coached" her into saying these things.

I wonder how the Navy is going to feel when the truth finally comes out?

Yes, I understand that his case in pending for review, but that's not the only information in the letter. I specifically looked up SECNAVINST 5520.3B-Criminal and Security Investigations and Related Activities Withing the Department of the Navy and told them exactly what was violated. Obviously these JAG idiots need more training, especially if I was able to 1. find instructions and 2. understand them. Come on people, they are written in plain english. Maybe reading and comprehension isn't a requirement to become a Judge Advocate???

As far as specifically commenting on the issues I mentioned, of course they don't-that's the first step to admitting fault. With the mention of the parole board-that's a joke in and of itself. The name Clemency and Parole Board should make you laugh. There's no way they will touch this. If just one person admits something was wrong (which Judge Maksym DID point out) then it's a total downward spiral from there.

Edwin's attorney's have BOTH been advised of what is going on and 1 encourages me to "do my own thing". I have given him permission to speak to the press and also Senator Amy Klobuchar.

I would have to say I love the reference at the end (trying to put me in my place) about that the SJA's and Commandant reviewed the case and given me a direct response. You bet their asses they did, signatures and all, I saved the letters. They are being added to information I kept for the submission of my lawsuit I am putting together against the Department of the Navy including the Judge Advocate General, NCIS, and the Marine Corps.

I can only hope that my response to Vice Admiral Houck is reviewed and he sees fit to look at my blog.

Here's a big FUCK YOU to the Judge Advocate General. You don't want to do your JOB then I'll go public. These people may want to review not only the information on my blog, but also look up JAGINST 5890.1A-Administrative Processing and Consideration of Claims on Behalf of and Against the Unites States. A refresher course under JAGINST 1500.1A-Professional Development Program may not hurt either.

Remember, it's only defamation of character if you can prove what I've been saying isn't true. Since they don't have the documentation to back up the child's story (because her parents fabricated it for her) the military and this family can't do a damn thing.

Military Times post

2009-10-15T20:45:00.001-05:00

I decided to google some stuff and ran across this thread on Militaytimes.com. I sounded off, as usual. You can view it below.

http://militarytimes.com/forum/showthread.php?p=291059#post291059

Senator Amy Klobuchar

2009-10-15T18:30:00.002-05:00

In September I contacted Senator Amy Klobuchar. I received a letter from her asking for Edwin to sign a privacy act waiver for her to represent him. As of last friday, I have sent the waiver as well as the "book" I put together with the petition for a new trial, documentation showing Edwin's innocence and brief in support of petition that I have written. I should hear something in the next few weeks.

False Child Sexual Assault

2009-10-08T16:11:00.008-05:00

If you have been following my blog, you know that I also follow other blogs. I find a lot of my information by reading up on what is happening with the military and in the world in general. I read a blog about false rape reporting and it's impact on society. The Hoefstra and Duke Lacrosse cases are discussed, but the site I visited was mostly 2 women spouting off about "false rape allegations should not influence the reporting and handling of real cases". Well, I hate to break it to them...IT DOES. When a child is involved, the accused is always guilty until proven innocent.

The lies from these children not only make it harder for someone who has actually been raped to initiate a report but those liars (once they are exposed or grow a concience) have already done damage to the person accused by ruining their lives. Most are locked up without a backwards glance by over zealous, ass-kissing investigators and prosecutors who don't care how many innocent people get locked up because they still receive a paycheck.

Does this sound familiar?

So after giving my two cents, I looked up some sites that were mentioned on the net. I googled "false allegations of child sexual assault" and got some surprising results. Wikipedia was at the top of the list and stated:

"A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration of abuse of the accused person as alleged. Such accusations can be brought by the victim, or by a person on the alleged victim's behalf. Of the allegations proven to be false, ONLY A SMALL PORTION ORIGINATED WITH THE CHILD, the study showed MOST FALSE ALLEGATIONS ORIGINATED WITH AN ADULT BRINGING THE ACCUSATIONS ON BEHALF OF THE CHILD and of those were during divorce/custody battles."

"A false allegation can occur as a result of intentional lying on the part of the accuser or unintentionally due to confabulation , either arising spontaneously or resulting from SUGGESTIVE QUESTIONING or COACHING."

"Denial of abuse by the accused is not easily accepted. There are higher rates of false reporting because of suggestive questioning. Children appear to rarely make up false allegations of their own accord but will make false allegations if coercively questioned by individuals who believe that abuse has occurred but refuse to accept the children's statements that they were not abused".

Ok, so as most of you already know, the child who accused Edwin of raping, sodomizing and assaulting her in front of Edwin's ex-wife, was told by her mother to blame Edwin in front of a witness. That witness told NCIS that the child refused to give any ones name but would only state "my mommy would be mad because it's bad". This same child went to court and told the judge that she was never raped, and she never accused Edwin's ex-wife of witnessing this alleged assault-even though in her recorded interview she accused her mother's friend (and Edwin's ex-wife) of witnessing the sexual assault. The ex-wife was never questioned, and didn't find out about the allegations until the first day of trial.

The ex-wife's daughter was the witness who the allegations made by the mother of this child was at trial but not allowed to testify because the witness knew that the family of this little girl and the child herself were going to lie. This was later confirmed by the witnesses mother in 2 e-mails to me earlier this year.

Some interesting sites you may want to look at

http://www.ipt-forensics.com/journal/volume2/j2_4_7.htm

http://www.falserape.net/falserapeafa.htm

http://www.mediaradar.org/research_on_false_rape_allegations.php

Armed Services Committee "National Defense Authorization Act for Fiscal Year 2010"

2009-10-08T08:50:00.002-05:00

Section 567 of this bill covers improved prevention and response to allegations of sexual assault involving members of the armed forces which states:

"Prevention and Response Plan: Not later than 180 days after the date of the enactment of this act, the Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and the House of Representatives a revised plan for the implementation of policies aimed at preventing and responding effectively to sexual assaults involving members of the Armed Forces."

I guess the Armed Forces Committee is FINALLY cracking down on these people. I wonder how long the military believed that they were going to get away with doing half-assed investigations and convicting innocent men and women for the lies that were told about them? The military has been condoning it so far, Edwin's case is proof that they (NCIS, Judge Advocates, etc.) can't do their jobs and are in need of updated training about the reporting requirements and how to conduct a proper investigation.

This bill also covers the requirement for procedures by each of the Armed Forces for responding to allegations of sexual assault (including guidance to commanding officers, standard operating and reporting procedures, and related matters), including Judge Advocates.

This is to be used as an assessment whether the existing policies are adequate enough. I can certainly say, NO THEY ARE NOT and the idiots who have to follow these "rules" don't.. Maybe if NCIS agents, Staff Judge Advocate Lt Col Miller, Major Plummer, Capt Ellis, or Major Kasprzyck had bothered to do their jobs correctly (i.e. follow DoD Directives, federal/state laws) Edwin wouldn't be in prison for the next 19 years.

You can view the bill at:

http://armedservices.house.gov/pdfs/BillLanguage/Bill_Language100709.pdf (pgs 296-301)

More letters sent today

2009-09-14T12:59:00.010-05:00

Today, I sent out more letters to the Commandant of the Marine Corps James T. Conway, Brigadier General James C. Walker in the Staff Judge Advocates Office under the Commandant of the Marine Corps, USMC IG Brigadier General Lee, Deputy USMC IG Mr. Paul D. Garst, Office of the Judge Advocate General (this is my 5th letter), and this past Saturday I sent letters to the Master Chief Petty Officer of the Navy and the NCIS IG Robert Mulligan because I still have not heard form him. I pretty much told them what has happened over the last 2 years and that I will be going public with my information if something is not done to correct it.

As some of you may know, with everything I have amassed since the conviction, I am planning on filing a lawsuit under the Tucker Act in Federal Claims Court. This lawsuit (a multi-million dollar lawsuit) is going to include letters sent and received by high ranking military officials and their underlings. It will also include violations of "acts of congress" (i.e. federal and state laws), departments directives (DoD Directives, JAGINST, SECNAVINST, etc.), and the fact that a judge said that Edwin's constitutional rights were violated, but was unwilling to do anything about it.

Maybe this will wake someone up as to what is going on and the matter will be resolved. I can only hope that in the end, that Paul and Stacey are prosecuted for their involvement. I want their community to know that they have a child predator in their midst and he works for the church, something that the Marine Corps and Navy have wanted to keep well hidden.

The truth will come out.

A child can only lie for her parents until she gets will of her own and she realizes that other kids' dads don't touch their daughters and when that day comes I will laugh in their faces in a court room and watch how their lives are destroyed by the lies they have told for the last 5 years.

DoD Directives, SECNAVINST and Executive Orders from the President

2009-09-06T19:34:00.009-05:00

Ok, So I decided to do a little "cleaning" today and went through all the paperwork I've collected over the last 2 years. I found some very interesting things in my filing cabinet. Among my files and folders, I found several DOD Directives, SECNAV Instructions, Executive orders, etc. These are some of the better ones.

SECNAVINST 5520.3B-Criminal and Security Investigations and Related Activities within the Department of the Navy

http://www.brooksidepress.org/Products/OperationalMedicine/DATA/operationalmed/Instructions/5520b3.pdf

This instructions says that NCIS shall comply with the referral, reporting, and conferral requirements of the Memorandum of Understanding (MOU) between the Department of Justice and the Department of Defense (DoD) relating to the investigation of certain crimes. This manual covers DoD Directive 6400.1 FAP, and federal/state reporting requirements of child sexual assault.

Funny, NCIS and the USMC don't feel they have violated any of these things.

Memorandum of Understanding

http://www.dtic.mil/whs/directives/corres/pdf/552507p.pdf

The Memorandum of Understanding, viewed at the link below, states that under section B of the policy "the Department of Defense (DoD) has responsibility for the integrity of its programs, operations, and installations, and for the discipline of the armed forces. Prompt administrative actions and completion of investigations within the two (2) year statute of limitations under the Uniform Code of Military Justice (UCMJ) require the Department of Defense to assume an important role in federal criminal investigations."

The investigation into Edwin's charges started on June 3, 2004 and ended on August 20, 2007 when the military finally decided to get him into court and wrongfully convict him.

The MOU goes on to say "that crimes committed on a military installation where one or more subjects (ex-wife Gloria being implicated on video by alleged "victim" stating she (Gloria) watched whole sexual assault-NCIS never investigated this allegation) are not subject to UCMJ the DoD investigative agency (being NCIS in this case) will provide immediate notice of the matter to the appropriate Department of Justice investigative agency." The MOU states in it's supplemental guidance that "purposes of required notice to the DoJ only if the offence falls within the prosecutorial guidelines of the local US attorney". Meaning-NCIS has to notify the DoJ and civilian authorities per this directive, but also falls under the DoD Directive 6400.1.

This would mean that because the alleged "victim" accused Gloria of witnessing this crime, Gloria should have been investigated by civilian authorities and prosecuted in civilian court. Because NCIS does not have the proper training to conduct these types of investigation and ignored federal/state reporting requirements and DoD Directives, they have once again made themselves look like asses. I will say it again. These are NOT the NCIS people you see on television.

DoD Directive 5525.5 Cooperation with Civilian Law Enforcement Officials

http://www.fas.org/irp/doddir/dod/d5525_5.pdf

It states that it is DoD policy to cooperate with civilian law enforcement officials. It also establishes procedures for local points of contact and coordination with federal, state and local officials to conduct investigations, procedures doe prompt transfer of relevant information to law enforcement agencies.

Executive Order 12731 (also 12674) United States Office of Government Ethics

http://www.usoge.gov/laws_regs/exec_orders/eo12731.aspx

Employees shall put forth honest effort in the performance of their duties

Employees shall disclose waste, fraud, abuse and corruption to appropriate authorities

Employees shall endeavor to avoid any actions creating the appearance that they are violating the LAW or ETHICAL standards promulgated pursuant to this order

I don't believe anyone associated with the case nor anyone having knowledge with this case can say that Lt Michael Melocowsky (USN), Major Clay Plummer (USMC), Capt John Ellis (USMC), Major Brian Kasprzyk (USMC), Major General Thomas Waldhauser (USMC), Major General Richard Mills (USMC), LT Col Robert Miller (Retired USMC), Special Agent Art Spafford (NCIS Camp Pendleton), Special Agent Eric Muelenberg (NCIS Camp Pendleton), Special agent Crandall (NCIS Parris Island), Inspector General Robert Mulligan (NCIS IG), Inspector General Warren Worth (USMC IG), and several others in the office of the Judge Advocate General and the Commandant of the Marine Corps have complied with these "rules" in this executive order. All of these people have extensive knowledge (most have written me letters acknowledging the facts) yet still clearly ignore repeated attempts to correct these lies. These ethics are also covered under DoD Directive 5500.07.

A letter from James T Conway, Commandant USMC

2009-09-05T10:18:00.003-05:00

Apparently the Commandant of the Marine Corps, James T. Conway finally got the hint. The Judge Advocates need more training when dealing with allegations of sexual assault. On August 25, 2009 he sent out a letter to all Judge Advocates of the Marine Corps with the subject line Sexual Assault Guidance To Our Legal Comunity.

Here's the link to the letter.

http://www.caaflog.com/wp-content/uploads/CMC-Sexual-Assault-Guidance.pdf

NCIS and Their "Revision" of Policy Regarding Recording Interrogations

2009-09-05T04:47:00.006-05:00

NCIS has updated their policy on recording interrogations. I found this on another blog I follow. it's EXTREMELY interesting........wonder what their policy was before?

http://www.caaflog.com/wp-content/uploads/NCIS-interrogation-recording-policy.pdf

I think we should give the Air Force a BRAVO because as of October 1st, they have to record all "subject interviews". It's still optional for victim and witness video, but this may lead to more thruthfulness in the military.

Too bad this came a little too late for Edwin. Special Agent Eric Meulenberg, NCIS Camp Pendleton, didn't record the alleged "confession" even though there was a video camera available in the room.

My Letter from Major General Richard Mills, Commanding General of 1st Marine Division

2009-09-05T04:00:00.002-05:00

On July 31, 2009, I sent a letter to Maj Gen Mills, the (current/returning) CG of 1st Marine Division. Maj Gen Mills what the CG when all these false charges were brought against Edwin in 2004 through his wrongful conviction in August 2007.

I received a letter from Maj Gen Mills dated August 6, 2009. Here is what he wrote (and signed):

Dear Mrs. Ehlers,

This is a response to your letter of July 31, 2009. I am struck with admiration and appreciation for the loyalty you have shown to your husband, and for the extensive amount of work you have done collecting evidence in support of his appeal.

You need to understand that I cannot give this case the "second look" you have requested, as the case is no longer under my control. Once the case has been forwarded to the Judge Advocate General for review by the appellate courts, I no longer have the authority to modify the convening authority action in the case. I recommend that you provide the information you have collected to your husband's appellate defense counsel, who will be in the best position to make use of it during the appellate process.

I know this in not the response you would have liked, but nevertheless, you have my best wishes

Sincerely

Richard P. Mills
Major General, U.S. Marine Corps
Commanding General

I find this letter extremely interesting, first of all I have provided this to the appellate defense counsel and the courts for that matter. You can imagine the results-one judge admits to partial wrongdoing but will not do anything to correct it (further details in a previous post). The first appellate defense counsel, Major Jackson, was removed from the case a couple days prior to the NMCCA's decision in denying the article 73 petition for a new trial and the denial of Edwin's first appeal.

All the people I have contacted, this is the same response I get. No one will do anything. No one will stand up and admit that something needs to be done to correct this mistake and put these liars in jail where they belong.

I have made it VERY clear in all my letters, I have documentation showing the parents of this child lied about taking her to the Beaufort Naval Hospital, that the mother of the child told her to blame Edwin in front of a witness, that the child admitted to lying on the stand about other "witnesses" to this crime after her mother's friend (and Edwin's ex-wife) confronted them outside while on break about the accusations against her, I even have an e-mail from the ex-wife where she stated that the prosecution wouldn't let her daughter, who witnessed the mother of this child tell her to blame Edwin-testify because she wouldn't change her story. I have all the NCIS documents that support Edwin's innocence and proves these lies. Still no one will do anything about it.

What is it going to take to get someone to stand up and let the Marine Corps know that they screwed up? How long will Edwin, our kids and I suffer for these lies? 19 years?

Here is the link for 1st Marine Division

http://www.i-mef.usmc.mil/div/

An interesting story on CAAFLOG

2009-08-24T20:28:00.004-05:00

I was checking up on things here and found this blog post about a story out of San Diego County, CA. I was amazed at the stuff included. Apparently there's been a significant rise in sexual assault cases on the west coast, and I mean a 14% increase over a year. I read it over and thought i'd add my two cents worth.

http://www.caaflog.com/2009/08/11/san-diego-union-tribune-finds-14-annual-rise-in-west-coast-don-sexual-assault-courts-martial/#comment-9128

Interesting facts...

2009-08-20T19:46:00.006-05:00

I was doing more research (seems that's all I do lately) for the lawsuit I'm filing in claims court. I was looking up the MCPON's info to send him a letter, and got diverted to the Judge Advocate Generals website. The JAG instructions I found there go into greater detail than just JAGINST 5803.1C. Apparently the military made a bigger blunder that previously thought.

If you want to read some of them here they are:

OPNAVINST 1752.2B Family Advocacy Program (FAP)

http://doni.daps.dla.mil/Directives/01000%20Military%20Personnel%20Support/01-700%20Morale,%20Community%20and%20Religious%20Services/1752.2B.pdf

This on refers to DOD Directive 6400.1 FAP and several others. It has details about the FAP and their roles during an NCIS investigation of the sexual assault of a minor (NOTE: they were NEVER contacted by NCIS regarding this investigation)

COMNAVLEGSVCCOMINST 5800.1E Naval Legal Service Command Manual

http://www.jag.navy.mil/library/instructions/5800_1e.pdf

This is the Naval Legal Service Command (NLSC) Manual and covers the duties of prosecutors withing the Department of the Navy (DON). It covers the mandatory reporting requirements of the prosecution to the FAP and actions commanding officers (CO's) and officers-in-charge (OIC) of Legal Support Services (LSS). This manual clearly states that LSS has a duty to make sure all the T's are crossed and the I's dotted before taking a case to a court martial. It discusses fairness, impartiality, training and education responsibilities and ethics and standards of conduct/professional responsibility.

I wonder how this manual slipped through the fingers of Major Clay Plummer (OIC), Capt John Ellis or Lt. Michael Melocowsky???

These are just 2 of the many others I have found. All of these manuals clearly state what is supposed to happen, but didn't in Edwin's case.

Update

2009-08-08T11:10:00.008-05:00

Round 2 has begun.

About a year ago, I sent letters to the Commandant of the Marine Corps and was told he would not do anthing. I also sent letters to the Judge Advocate General, with the same response. Today I have just re-sent out new letters to the Commandant General James Conway, Sergeant Major of the Marine Corps Carleton W. Kent, and the Secretary of the Navy Ray Mabus. Hopefully I'll hear something from them soon.

I am still awating a response from the NCIS IG Robert Mulligan about the documents (NCIS docs, etc) that I sent him and his finding of the investigation he stated in his leter that he was going to conduct about the agent misconduct I have reported to him. It has now been almost a month since he received my certified letter-yet he has not responded.

I've also written to Senator Klobuchar and Senator Al Franken. Those letters went out today.

A friend from work, Tara, took it upon herself to write directly to the President a few weeks ago. I was a little suprised. It was after Edwin's petition for a new trial and appeal were denied and she had read the info. Actually I was really upset at work and she went outside with me so I could scream at someone. Needless to say, she got angry and told me she was going to do something but didn't want to say anything until it was already done. She is in the process of doing some other things as well and is waiting a response. She told me that she didn't want me to feel as if I was doing this alone.

I'll update more when I finally get some responses.

Lt Melocowsky, Detailed Defense Counsel? Or Prosecution in Disguise?

2009-08-01T20:48:00.013-05:00

Today, I sent an e-mail to Lt Michael Melocowsky. Lt Melocowsky was the detailed defense counsel that was assigned to Edwin's case in 2007. I met Lt Melocowsky the first day of Edwin's trial on August 20, 2007. I was not impressed. He was not as forthcoming as I would have thought and seemed disinterested in the case as a whole. He and Lt Gonzales, the assistant defense counsel, met us at 8am that morning outside of the court house.

We all, Lt Melocowsky, Lt Gonzales, myself, Edwin, Edwin's mother Elizabeth, Edwin's father Ed, and John, talked briefly outside and then entered the building. It seemed to me anyway, like Lt Melocowsky went through the motions of the trial that day but really didn't give a damn. I'll explain why.

After the prosecution rested the first day of the trial, the military judge Major Kasprsyk, told the defense that he expected a motion to dismiss all remaining charges on his desk the next morning. When we left the building, we were standing outside by my truck (I drove from Minnesota to California with my mom and 2 small children because the government refused to pay for my flight) and Capt Ellis, the trial counsel, walked up to our group and said that we (meaning the defense) had won. Lt Melocowsky took Capt Ellis down the parking lot away from us and talked to him. When he came back to the truck Lt Melocowsky and Lt Gonzales gave Edwin a website to look at and told him to "pack like he was going to the brig the next morning". Then they said they were going to do some stuff overnight and wanted us to meet them back at the building at 8:30am because they had a morning meeting.

Apparently they had a C.Y.A. (cover your ass) meeting in the judges chambers because, wouldn't you know it, as soon as the trial began that day, Major Kasprzyck (knowing that the day before Stacey lied because he impeached her statements at trial, and her daughter changed her story drastically and the government was dropping charges left and right) got on the stand and told the defense he denied all motions to dismiss the charges. Major Kasprzyck then stated that he was finding Edwin guilty and sentenced him to 25 years-with no evidence!!!!!!

The Government only has an inconsistent child's testimony, an NCIS agent that wouldn't know the truth if it bit him in the ass (and by the way it was mentioned at trial that he looked like an Al Qaeda operative) and the lies that Paul (the child father) told.

I asked Lt Melocowsky in the e-mail if he actually read over the case file and if he did any research himself. I also let him know that he failed to bring up the fact that Paul lied and NCIS violated state and federal laws. I also mentioned DoD Directive 6400.1 FAP which was overlooked.

I also questioned his reasoning as to why the witness who was present when Stacey told her child to blame Edwin, did not testify for the defense. I happen to know that the reason she didn't testify for the prosecution was because she wouldn't change her story to match that of Paul, Stacey and their daughter, H. Wouldn't she be an excellent witness for the defense then? I would think so.

Ineffective assistance of counsel is just one of the constitutional rights violations that the Marine Corps and the Navy have committed against Edwin.

I also at the very end of the e-mail let him know that I was filing a civil suit and naming him in it. I told him he may want to speak to Major Plummer, Major Kasprzyck, and Capt Ellis so they may have another C.Y.A. meeting about their futures in their respective fields.

I hope, when all is said and done, some of them spend time in the prisons that they so willingly put innocent people in.

I'm curious to hear his response, if he decides to give one at all.

An FYI, if you click on the Lt Melocowsky Detailed Defense Counsel? Or Prosecution in Disguise? you can view his profile at LinkedIn.

Update

2009-07-30T21:42:00.009-05:00

Last night I e-mailed Major General Waldhauser with the denial from the court dated June 30, 2009. He responded later on that he was no longer the Commanding General of 1st Marine Division and that he handed over the command as of July 1st. The new CG is Major General Mills. So today (after I worked some overtime at work) I came home, made a drink and got to work.

I completed a 6 page letter detailing all of the steps I have taken to correct this problem. I made a timeline and included all the names of people (from the bottom up) in the Marine Corps I have contacted. I let MajGen Mills know that I was tired of getting the run-around. I asked him not to patronize me by having his secretary write a piss off letter to me, as I have received them before. I told him that what I was asking is for someone to take a second look at this case.

MajGen Mills was there when when these charges were first brought up and even had a hand in the forwarding of the charges. It was LtCol Miller, the former Staff Judge Advocate who selectively omitted any information that showed Edwin's innocence. LtCol Miller did this to MajGen Mills and also MajGen Waldhauser. MajGen Waldhauser confirmed that the only documents he saw when Edwin's attorney Mike submitted the convening authority stuff was my letter. The information Mike submitted was over 200 pages. I have a copy.

I told MajGen Mills about my conversation with MajGen Waldhauser in April of this year. I told him that I had a very nice conversation with MajGen Waldhauser at the Officers Club but realized that even though I was standing in a room full of Marines, only a handful were the stand up guys that the Marine Corps likes to portray.

What a shame.

I also let him know that I have gone up and down the chain of command as recommended. In April 2008, I spoke to Major Clay Plummer about the fraud on the court committed by NCIS, Paul, Stacey and their daughter. We had a 40 minute conversation where he gave me personal information about his own family and said that the statement that Stacey gave to NCIS about the child refusing to go to bed until she made sure he daddy had underwear on was a little strange and he did not remember seeing that. I advised him it was in Stacey's sworn statement to NCIS given on June 3, 2004.

Major Plummer, being the assistant trial counsel and also the officer in charge at legal support services aboard Camp Pendleton, said that it was his "judicial obligation to report this". He has yet to do anything. Major Plummer asked me if I was in the area (meaning near Camp Pendleton) because he would like to see the documentation I have. I told him no, I was in Minnesota. The next day, I sent a certified letter to Major Plummer with all the information. It was signed for, and he received it on May 1, 2008.

May 3, 2008 Edwin's attorney Mike called Major Plummer with the information I gave him. Major Plummer at first, denied having spoken to me at all until Mike used the personal information he willing gave me during our conversation. Major Plummer said that I was nothing but a distraught wife and mother and didn't know what I was talking about.

His first mistake.

I found JAGINST 5803.1C and it covers attorney's practicing under the authority of JAG. It states that an attorney is required to report ALL fraud, even if the attorney is involved. Being and officer in the Marine Corps, and an attorney, Major Plummer have violated the UCMJ not once, but twice. I contacted the Judge Advocate General, filed a complaint, and was told they would not do anything about it.

What a crock of shit.

I've gone all the was to the Commandant of the Marine Corps, and still nothing has been done.

I recently discovered that the family of this child may not be associated with the Navy anymore. Funny, I would think that after lying about all of this (especially the father, Paul, lying about taking his daughter to the Beaufort Naval Hospital in June 2004), having an innocent man convicted, Paul would want to stay as close to the military as possible. I mean, they are protecting him. If my hunch is right and according to all my documentation, Paul has been touching his daughter for years and Stacey knows about it. Why else would Stacey, in front of a witness, tell her daughter to blame Edwin unless she didn't want anyone to find out the truth?

On a side note:

I have finished Edwin's letter to President Obama that he sent me to complete and send off for him. I'll be writing to congress and others in the near future.

I still have not heard anything from NCIS IG Robert Mulligan.

They did it again...

2009-07-28T20:59:00.005-05:00

On June 30th Edwin's appeal and petition for a new trial was denied by the court. Mike, the attorney, re-filed the paperwork again and on July 27th it was denied again. I read the judges statements and one judge, Maksym said:

"As a matter of moral consience I can not affirm the sodomy conviction below. Reasonable minds can differ in determining whether or not the government has satisfied it's burden of proof based upon the facts as placed before us. My marked reservations are, in the main, prompted by the significant delay- opaqualy portrayed in the record of the nearly 3 year interregunum between the first statement by the minor ALLEGED victim and the trial ON MERITS. These massive delays shroud the entire proceedings with the specter of reasonable doubt."

A nice play on words from Judge Maksym. He states he can't confirm the oral sodomy charge because the government FAILED to satisfy it's burden of proof. He admited there was a 3 year delay from the first report (which was June 3rd 2004 to NCIS and the trial was August 21, 2007), He said the ALLEGED victim, I thought Edwin was convicted....wouldn't that mean she is no longer an "alleged victim" and an actual victim????? The last was the trial ON MERITS-meaning there is NO PROOF of the crime.

Hell, the man even said that the massive delays shroud the proceedings with reasonable doubt.

Now are they going to fix this mistake? Nope. Instead they denied the motion to reconsider all the evidence. Did I expect anything but that to happen? Nope.

Judge Maksym even stated that he thought the child was improperly influenced over the long time span by her parents, she was inconsistent and unreliable in her statments (blaming the ex wife as being a witness then recanting, being "confused" as to where alleged incident actaully took place, etc).

Why then is Edwin still in Leavenworth for the next 19 yrs? Because these assholes think they are god. Plain and simple. They could give to shits less about anyone other than their paychecks (which by the way comes from taxpayers pockets) and if they are so fucking educated, they why, after stating all these things, do they not fix it?

IT'S NOT POLITICALLY CORRECT!

The military doesn't want a slap in the face, no one wants to admit to agent misconduct (NCIS), fraud on the court (GOVERNMENT) and ineffective assistance of counsel (DEFENSE), yet they all want a paycheck.

Well after reading his statement, I now know why people hate the government and the military in particular.

Don't get me wrong, I support our troops, but I don't like the people they work for.

A Setback

2009-07-01T08:49:00.007-05:00

On Tuesday, Edwin's attorney received a denial from the NMCCA. 2 of the 3 judges denied him a new trial. They said that I did not show any "new evidence". Obviously, these people are blind.

First of all the evidence was found after the trial. There are some things that i submitted that were in the record of trial, but showed why they were considered new evidence. The court doesn't want to admit they wrongfully convicted my husband, the United States Marine Corps will never admit they are wrong, and NCIS won't admit they didn't get the police involved with the investigation.

I'm done being nice. I have a follow up letter to the NCIS IG going out today. He wrote to me 2 months ago after i sent him a letter about the agent misconduct at Parris Island NCIS and Camp Pendleton. Inspector General Mulligan said he was "going to look into the allegations and take ther action he deemed appropriate".

YEAH RIGHT!!!

If he follows the same trend as the Judge Advocate General, Marine Corps IG, Major Plummer (OIC of Legal Support Service Camp Pendleton), NCIS Special Agent and Case Manager Art Spafford, Special Agent Crandall (Parris Island NCIS), Special Agent Eric Muelenberg (Camp Pendleton NCIS), Lt Michael Melocowsky (Detailed Defense Councel), and Major Brian Kasprzyk (military judge) they will try to sweep this all under the carpet.

Update

2009-06-21T11:57:00.007-05:00

Ok, here's just a follow up to other information.

The article 73 petition was accepted by the courts, and the brief was filed with the court on June 4th. I just received a conformation e-mail Thursday from the military attorney who stated that "the court has tasked the government to provide a response by July 6". Meaning-I'll know if the government is going to support or deny the petition for a new trial that day. Now I'll have 10 business days to file my response then the court can take as long as they want to act (either get this into a new trial or deny it).

In order to file the article 73 petition, I had to show 3 things.

1. Fraud on the court (which I have supplied the documentation of the father lying about taking his child to the hospital, the mother told the child to blame Edwin, NCIS Special Agents fabricated a confession to match what he thought really happened, etc.)

2. This information would have been found had if the defense or prosecution had bothered to do their jobs

3. All the evidence was discovered AFTER the trial.

I have met all their requirements, now I expect the court to do their job. Once the court decides to take this case to a new trial, they only have 120 days to get him into a new trial or they will be forced to release him. The court has to remand the case back to the convening authority, for action.

We'll see what happens.

Article 73 Petition

2009-05-09T20:39:00.003-05:00

I just got a letter today from the Navy-Marine Corps Court of Criminal Appeals (NMCCA) stating that the article 73 petition for a new trial was accepted by the courts. Under the Court of Criminal Appeals (CCA) Rule 22 I now have 30 days to file a brief, then the prosecution has 30 days to respond to my brief and then I have 10 days to respond to their response. After that I have not idea how long it will take before the courts either approve or deny a new trial. Based on the information I proveded, I don't see how they can deny the new trial, but they have their loop holes.

Edwin's Story (this can happen to you)

2009-04-25T11:36:00.006-05:00

I met Edwin in the Minneapolis Airport in June 2004 when my mom and I were flying to San Diego to see my brother graduate from MCRD boot camp and finally become a Marine (he's wanted to be a Marine since I can remember). I'll be the first to admit, I wasn't very nice to Edwin.

We spent the next 15 hours together trying to get the San Diego, our flights were delayed or rerouted so we got to know each other pretty well. This is us in Texas.

When we finally arrived at our destination, yet another airport, we realized our luggage was gone. So I had everything sent to my hotel room and the next morning I drove to Oceanside and picked Eddie up at Angela and John's apartment. My mom, Edwin and I spent the next 3 days together.

I left California to come home to Minnesota. Edwin had my cell phone number and mailing address so we could write to each other while he was in Iraq. From June 2004-January 2005 we talked on the phone, wrote letters, and spent hours online chatting. While in Iraq, Edwin sent lots of pictures...
I guess he didn't want me to forget about him. He asked me to marry him in November 2004 and we started making plans for me to move to California when he returned. In the beginning of December I got a special package in the mail. It was my engagement ring. Enclosed in it was a note that said "I can't wait to start our life together, I love you". I still have that note.

On December 3, 2005 Edwin and I were married at the Ranch House Chapel at Camp Pendleton. He was so nervous, everyone thought he was going to get sick. We had a ton of family and friends there and had a nice get together afterwards at the beach cottages.

January 17, 2006, our son Thomas was born. Edwin was so excited. He stayed everyday in the hospital with me. As you can see, Thomas was a "daddy's boy" right from the beginning.

In May 2006 I found out I was pregnant again and Edwin and I decided that we could save more money if I moved back to Minnesota until the baby was born. We talked and e-mailed everyday. He called to see how I was feeling and made a few visits to be with us for the holidays.

On January 17, 2007 our daughter Danni Marie was born and Edwin fell in love with her at first sight.

In August 2007, Edwin stood trial for allegedly sexually assaulting his ex-wife Gloria's, best friend Stacey's daughter. The allegations were reported in June 2004 at NCIS Parris Island. Edwin was convicted of the crimes based on no evidence, physical or otherwise.

H, the alleged victim, alleges that these crimes took place when she was 3 years old, yet her parents both said that they did not notice anything different about her behavior and no bleeding, unlike what she told her father in June 2004.

Since his conviction it has been discovered that the father of the child, Paul LIED about taking her to the Beaufort Naval Hospital, NCIS fabricated a false confession that does not match what the "victim", H alleges, State and Federal reporting requirements were violated and then H recanted her story about Edwin's ex-wife, Gloria witnessing this alleged event-even though in June 2004 H told NCIS on video that there were witnesses and Gloria was one of them.

Edwin's ex-wife's daughter Randi, was spending time with the family of the alleged victim, when these allegations were brought forward. Stacey, the mother of the alleged victim told Randi, a 13 yr old child to talk to her daughter H about being sexually assaulted. When H said that something had happened to her, she refused to give a name. H would only state that "her mommy would be mad at her". When Stacey was told that H said something had happened, the Randi stated to NCIS that Hannah was told to say it was Edwin by her mother Stacey.

When interviewed by NCIS in June 2004, Gloria was not informed or questioned as to whether she witnessed this child being sexually assaulted. Gloria did not know about the allegations against her until the defense questioned her the first day of trial. Gloria's response was that H lied.

Randi, the witness to the original allegations, now 17, was flown to California to testify against Edwin but never took the stand because she would not change her story to match that of the family of the alleged victim. Randi stands by her original statement that Stacey, H's mother planted Edwin's name in H's mind. This is confirmed by an e-mail sent from Gloria to me in January 2009. Randi was just the beginning of the reasonable doubt in this case and that is why the prosecution refused to put her on the stand.

Edwin took 3 polygraphs conducted by a San Diego Police Department Polygraph Administrator who, after all 3 tests were completed found Edwin was being truthful when he said that he did not do anything to H. These tests were also quality check by 3 other qualified examiners who all concurred with the administrator, Edwin was telling the truth when he said that he did not sexually assault H.

My husband is a proud Marine and we both understood the sacrifices that would have to be made for the Marine Corps and our country when we started our family. I stood behind Edwin's decision 100% to continue his career in the Marine Corps. But asking Edwin, myself and our children, Thomas and Danni to sacrifice never knowing their dad and him missing from our lives for 19 years for the conviction of a crime based on false allegations, lies, and fabricated evidence, is asking too much.

This is our only family portrait taken when Thomas was 12 months old and Danni Marie was 9 days old. Edwin has not seen our children since they were 19 months and 7 months, they are now 3 1/2 and 2 1/2 years old.

Meeting Major General Waldhauser

2009-04-23T19:21:00.000-05:00

Thursday April 16 I went to the Fort Snelling Officers Club and did a meet and greet with General Thomas Waldhauser. General Waldhauser was the convening authority who gave Edwin 6 years clemency in February 2008 and is also the Commanding General of 1st Marine Division. I gave General Waldhauser a copy of the Article 73 petition, and told him that his staff judge advocate, Lt Col Miller may have given him the wrong recommendation when it came to Edwin's case.

General Waldhauser pulled me aside and spoke to me for a few minutes, made sure that my contact information was in the petition and he said he was going to look into it, then get back to me. Now it's only been a week, but I haven't heard anything yet.

While there, I also met an attorney who is helping me get Edwin's information to a friend of his who is a Colonel in the Marine Corps and a former JAG trial judge. The gentleman has offered to read over, as well as the attorney, all the documentation I have in hand. Maybe we can discover more things that the government failed to do.

On a side note, my mother-in-law brought to my attention a very interesting case going before the supreme court. Pottawattamie County v. McGhee, 08-1065. Right now, the prosecution has immunity from civil liability if they are acting within the scope of their jobs, i.e. prosecuting in good faith for the crime. In this particular case, 2 men were sentenced to life in prison for murdering an off duty police officer. 25 years later, it was discovered that the police and prosecution failed to share evidence that pointed the finger at another man and created reasonable doubt and that key witnesses recanted their stories.

Sound Familiar?????

I don't want Edwin to have to wait 25 years to be vindicated in a court of law, that is why I'm going to anxiously await the outcome of this case as it may have some weight in future dealings with the government.

Don't get me wrong, I don't hate the military but I can't believe that certain people believe that the laws do not apply to them. It does make the military as a whole look bad because of a "few bad eggs". Unfortunately everyone I have contacted so far, throws their hands up and refuses to do anything about it.

I just haven't got the information to the right person yet.

Jumping through hoops again....

2009-04-11T18:45:00.001-05:00

In March Edwin's military attorney contacted me and told me that the article 73 petition for a new trial was not accepted. Apparently, though I have the power of attorney for Edwin, it wasn't "good enough" for the Navy-Marine Corps Court of Appeals (NMCCA). I was also told that the petition was not in correct military format and would have been returned because of that fact. One good thing-the military attorney corrected it for me, which I am very greatful for, and now i have it printed and bound awaiting to be mailed for a 2nd time.

Going back a little bit to December 2008, I contacted Parris Island NCIS and spoke to a supervisor who has worked there for over 25 years. I told him I just had some general questions regarding the Family Advocacy Program (FAP) and their involvement with reported sexual assault cases against minors. It was confirmed, that the FAP is required to be involved with EVERY reported case of child abuse, sexual assault against a minor and neglect.

This is where the fun began....

It was shortly after that the supervisor from NCIS asked me what this pertained to and I gave the name of the child. He responded that he knew her and remembered the case and his special agents reported these allegations to the FAP at Parris Island MCRD. At that point I informed him that he was incorrect with the reporting to the FAP. I told him that I have a document in my posession from the FAP at Parris Island that states they have never heard of such a report.

He changed his story yet again and said that the FAP was not available in June 2004. He was wrong again. The FAP has been around since 1992 and is available at all military instillations. That is why they pay people to be the Sexual Assault Response Coordinators (SARC). He quickly told me that he didn't want to talk to me anymore and ended the call. I took notes from our conversation, and wrote him a nice letter dated January 7, 2009. In the packet I sent to him, certified mail which he signed for, I included the document from the FAP dated January 2008 and DoD Directive 6400.1 Family Advocacy Program.

I included the DoD Directive 6400.1 mainly to piss him off because I knew he didn't believe me on the phone. While working on the packet I sent to him, I realized that he probably missed the day that the reporting requirements for the sexual assault of a minor were covered and even suggested a refresher course for his "underlings" and himself.

Now here is the reason I wrote about the conversation in December 2008. The other night, after everyone was asleep I was playing on the internet and decided to check out the Instector General's website and see if there was anything interesting on it. I came across several articles of Ethics and Oaths on the site which caught my attention since they apply to all federal and state employees , but what really shocked me was the fact that I found references and quotes of an NCIS manual.

In the manual all NCIS agents, including supervisors are required to report within 3 business days fraud (which NCIS committed) and agent misconduct. Now I sent him the info in January, he signed for it himself on January 10th but has still not reported anything to the Investigations Department and NCIS HQ in Washington. What does he have to hide? The incompetence of NCIS at PArris Island and their workers there?

I'm getting another letter to NCIS HQ together and will be sending that out again as well, but the one I'm saving for my PMS day is to him and him alone. When I'm writing to him, I'll make sure I remember the lat thing he said to me "obviously it was a successful investigation, your husband is in prison". What he failed to realize was the lies that were told to put him there.

What is wrong with the US government?

2009-02-12T07:46:00.002-06:00

I realize that the wheels of justice are slow..but are they completely broken?

On January 3rd, after 1 1/2 months of putting together the article 73 new trial petition for Edwin, I sent it out certified mail (with return receipt) to the Judge Advocate General in Washington.

I waited over a week and a half before calling the JAG code 40 to make sure that they received the paperwork and also to find out when the information would be forwarded to the courts for review. I spoke to a Commander, who informed me that he has not see the documents I was referring to and would have to research it further. I gave him the certified mail receipt number, Edwin's social security number, etc, and the Commander told me he would get back to me when he found it.

It has now been 3 weeks and still no word. I have tired to contact him again, and have left several voice mails but he refuses to return my calls. I even went as far as calling the Navy-Marine Court of Criminal Appeals (where the petition would eventually end up) and asked if they needed the copies, and they to have not returned my calls.

So, I paid another $100 to make 5 copies, bound and professional looking, then sent it again last week. This time making sure I put the 1st tracking number and the 2nd tracking number on them. I am giving JAG code 40 until February 23, to make sure they are received (and microwaved, along with the rest of the junk they do there) before calling them. If they again state that they have not received them, I will be making plans to fly out to Washington and hand deliver the information to them.

As you can tell, I'm a little fed up with getting the run around with these people. With all the DoD Directives, State and Federal laws, and reporting requirements that have been violated-you would think that they would want to remedy the situation as soon as possible. I mean an innocent man is now sitting in prison for a crime he did not commit-yet the pedophile who did the crime (and possibly still doing it) remains free and on active duty. His family is still receiving the military benefits, pay, and life that they always had-flying right under the authorities radar all because the military didn't do their job by investigating the lies that this family told.

This past Sunday, my telephone rang and it was my husband calling. I didn't get to the phone quick enough to grab it before our 3 year old son answered it. When I took the phone away from him, he asked me if he could talk to his daddy on the phone. I told him that he couldn't because daddy would get into a lot of trouble (Edwin is not allowed to have any contact with our kids-no letters, phone calls, pictures-nothing). Our 3 year old did not understand and began to cry and scream because he wanted to talk to his daddy.

My husband became very upset on the phone, I'm pretty sure he started to cry after we got off the phone. I had to lock myself in the bathroom so our son would stop crying and asking to talk to Edwin.

After that incident I told Edwin that I hope Leavenworth was recording this call. I wanted to make sure that when I got him out, they knew what was coming.

I'm going to sue the piss out of the military and the family of that child. I will make sure that the child who lied about what really happened to her, and her family are put through the same things that they have put my family through. I will make sure that the public knows exactly what happened (with all the documentation I have) and know that if you have an affinity to children, all you have to do is enlist in the Navy, become a Chaplin's assistant, and you can get away with touching children.

Some may think that this is a very vindictive thing to do, cruel almost. That the child was "coached" into saying what she said, and I agree. She was coached when she was 4 years old and told NCIS on video that my husband assaulted her and his ex-wife and the ex-wife's mother witnessed the assault. But when it came time for court the child lied again and said she never told NCIS in 2004 that the ex-wife witnessed anything at all. At the time of the trial, the child was an 8 year old who knew at that point, that she had lied.

I have no sympathy for these people, including the ex-wife who is making herself out to be the martyr. Everyone wants to be the victim in this case, and the truth is, that the only victim is my husband who is behind bars for the next 19 years for a crime he did not commit.

Isn't life funny....

2009-01-15T18:12:00.000-06:00

Out of the blue, the vindictive ex-wife contacted my sister-in-law a couple of weeks ago. She had also wrote to Edwin a little over a year ago and told him that she knew something about the family who accused my husband of sexually assaulting their daughter, and she wanted to help get him out of prison.

A few weeks later (after I got the letter from Edwin) the attorney, Mike called the ex-wife to see what her and her daughter (who was there the day the allegations were brought forth) had to say. The daughter told the same story that she told NCIS in 2004-that the mother of the child told the child it was Edwin who did this to her.

Funny thing is, the ex-wife contacted my sister-in-law on January 3rd saying the she feels bad about what happened and also wants a copy of all the evidence and record of trial to "point out the inconsistencies". She also said that her life was ruined after the trial in August 2007, HELLO!!!! How the hell was this narcissistic bitch's life ruined!!??!!

First of all the "victim" also accused her of witnessing the alleged sexual assault, yet the mother of the child, her "best friend"-never told her about i in the 3 years it took to go to trial.

The "victim" got on the stand at court and lied again by stating that she never told anyone that her mom's friend saw anything. It's all on video tape taken on June 9, 2004 by NCIS.

This idiot had the nerve to contact me via e-mail and ask for all the information I had on everyone. She said that she is not friends with the family anymore since they ruined her life as well as Edwin's.

NEWS FLASH

She got to leave with her kids and is living free from their lies everyday. Edwin got a one-way ticket to Leavenworth for the next 19 years.

It was brought to my attention that the vindictive ex-wife is rumored to have done this to someone else as well. Apparently she had lost custody of her kids because of drugs and rather than pay her court ordered child support, she decided the best way to get the kids back (and get money from her ex) was to accuse her former brother-in-law of sexually assaulting her son. She couldn't use her daughter as a tool because she was older and knew better, but also because there would be more signs of sexual assault on a girl than a boy.

There is a CASA case somewhere in Alabama on this whole event. She eventually got her kids back when she met and married my husband, I guess all she saw was a free meal ticket and benefits. It was because of Edwin's military status and employment (she does not like to work, and says so on her myyearbook page) that she was able to obtain her children. My mother and father-in-law also had to take out a loan of over 4k so she could pay off the courts because she was in arrears on her child support. They have yet so see any re-payment of the loan for her and her brats. When Edwin and the ex were married when he was 20 (and drunk) and she was 32.

Talk about a Mrs. Robinson complex.

I asked my husband why he married her to begin with, his only answer was that he was young and stupid. I've heard Edwin talk to my brother when he had just got out of boot camp. Edwin told my brother that he may have to take one for the team-meaning that he might get stuck with the ugly fat chick for the night. My response was "well you married the one you took for the team". I will never let him live this one down.

Anyway she contacted me recently. I honestly did not believe she had the guts to do it, but she did. May I just add one thing-GRAMMAR-GRAMMAR-GRAMMAR! If you are going to contact someone and try to make them believe you are on their side so you are able to get information from them, at least use punctuation and spellcheck before sending anything in writing. Proofreading is a must also.

I got a good idea (based on her spelling and grammer techniques) that she is highly uneducated and lacks the basic grammar skills that it takes to have an intelligent conversation.

I wrote back to her and plainly asked, what do you know. She sent me a few e-mails, but when i kept asking what she knew I realized she likes to cause drama and now that she was caught in several lies, she has no comment.

Justice is Blind, is She Dumb and Deaf To?

2009-01-08T14:09:00.002-06:00

We are taught from a young age that should you be accused of any crime, we are presumed innocent until PROVEN guilty in a court of law.

Does this not also apply to the United States military personnel?

Just because they took an oath to uphold our laws, defend our constitution, and go to war when called to action, does not mean that they are stripped of their civil and constitutional rights.

Why then, is the military allowed to "get away" with being deceitful, fabricating evidence and covering for the real criminal while making a scapegoat of some innocent man or woman because the military is afraid of admitting fault?

This is exactly what happened to my husband, Edwin.

After more than 10 years of service in the United States Marine Corps, tours of duty in Cuba and Iraq, his welcome home was a vindictive ex-wife, her friends, their child, and unsubstantiated allegations of abuse against this child. He now sits for 19 years in Leavenworth for a crime that I have documented proof, he did not commit. He has been stripped of his rank, dignity, and respect for the military, while the person who is abusing this child remains free and active in the United States Navy.

How can this be called justice? I realize that justice is blind, but it's the black and white on paper that brings more than just reasonable doubt in to play.

This all started in January 2004 when Edwin moved out of base housing that he shared with his now ex-wife and asked for a divorce. The ex-wife started taking all of his money every payday until he was finally able to have his direct deposit changed in February 2004. She continued to enjoy the life of a military spouse (i.e. benefits, housing, etc.). The ex-wife's mother, brother and children from her first marriage enjoyed them as well. In April 2004, Edwin quit sponsoring her mother and brother and they were removed from the base housing unit that was supplied to Edwin and his ex-wife.

The accusation did not take place until June 2004, when the ex-wife's children were visiting their mother's friends and the child in Beaufort, South Carolina.

The father of the alleged "victim" told NCIS in a sworn statement that he took his child to the Beaufort Naval Hospital, spoke to several staff members about her allegations and checked her into the emergency room. This did not happen. HE LIED. I have documentation from the Beaufort Naval Hospital stating the he was never there in the month of June 2004. Where did he take his daughter, if not the hospital? And why lie about it?

The father then proactively contacted NCIS several hours after returning from the hospital, but did not give a statement to them until the next afternoon. Had he actually taken his daughter to the Beaufort Naval Hospital, would they not have contacted NCIS for him?

The child's mother told NCIS in a sworn statement that while living on base at Camp Pendleton, her daughter was taken to the hospital. She went on to state that while nurses were holding her daughter, the child started screaming about her privates, and not to touch them. The mother also said that this incident occurred AFTER meeting Edwin. SHE LIED. The child's medical record reflects that the incident happened 7 months prior to meeting Edwin and his ex-wife. NCIS used this statement to help solidify the allegations against Edwin.

A witness to the discovery of the allegations in June 2004, told NCIS that when the mother questioned the child about the allegations, the mother told the child that Edwin was the one who did this to her-otherwise the child refused to say anyones name. The child would only say that if she told "her mommy would be mad at her".

During a taped interview, 6 days after the allegations were reported to NCIS, the child stated that Edwin's ex-wife, the ex-wife's mother, and another child were witnesses to the sexual assault when they allegedly occurred in 2002. NCIS verified with the child that Edwin's ex-wife was there and interacted with Edwin during this alleged incident of sexual assault. Edwin's ex-wife was neither questioned about the incident nor was she ever brought up on charges associated with this discovery. In fact she told the court in August 2007 (3 years later) that she did not even find out about the allegations until recently and if the child said she was there, then the child was lying.

In the infinite wisdom that only NCIS agents possess, it was discovered that they failed to report the allegations of the sexual assault of a child to the Family Advocacy Program (FAP), local police, or anyone outside of NCIS. This is in direct violation of DoD Directive 6400.1, federal reporting requirements and applicable state laws. By not reporting this to the FAP, NCIS avoided involving the Department of Social Services, who would have looked at the family structure and probably have got the truth out of the child as to who actually committed this crime. My suspicions are mirrored by anyone who has read the case file-dear Ol' daddy has been touching his daughter for several years, and mommy knows about it.

NCIS also stated at trial that they received a full confession from Edwin and he admitted to doing this same crime to a "cousin" of his-it's a coincidence that the "cousin" who was mentioned,

1. Has the same name as the alleged victim
2. Does not even exist.

Can't NCIS come up with a more creative name than the same one as the "victim"?

The alleged confession was neither video or audio recorded, and the subsequent polygraph has conveniently disappeared. I have in my possession, a copy of the case file and in it are NCIS documents dated 14 months after the alleged confession that state there is no confession, Edwin-even after his polygraph-continued to deny wrongdoing. It states that it was the OPINION of the examiner that Edwin was being deceptive when denying the allegations.

NCIS is aware that I have these documents. I contacted NCIS in Parris Island, SC and was told by a supervisor, that the Family Advocacy Program was not available in June 2004 and all reporting requirements would have to be completed by NCIS in California, where the alleged incident took place. When it was brought to his attention (after he gave me his credentials of 25 years of service with NCIS), he then said he did not want to speak to me anymore.

You would think that with 25 years experience, before making such a statement he would utilize his resources. I used mine and found that the Family Advocacy Program has been available for 20+ years.

Moving on to the trial counsel. It was discovered that the assistant trial counsel, who happens to be a Major and an officer-in-charge of legal services at Camp Pendleton has been suspended from the practice of law through the State of Indiana since 2002 and also is an inactive member of the State of Nevada since 1999. Nevada rules are very clear: inactive members MAY NOT practice law.

It says this right on their website for your viewing pleasure.

I have been in contact with the State of Nevada since June 30, 2008, where I contacted their member services division and got, in writing a statement that says inactive members may not practice federal or state law.

It will not surprise you to know that after I filed a complaint with the State of Nevada and the Office of the Judge Advocate General (OJAG), both have come back and stated that trial counsel is allowed to practice law while being inactive. Little do they know (or conveniently forgot) the while being in an inactive status in the military might make you eligible to practice law (as long as JAG certifies you), being an inactive member with the State of Nevada does not.

It was put in writing from the State of Nevada that according to their understanding of military law, inactive members may practice law. As stated before, this only applies to being inactive for duty within the military, not an inactive member of a state bar. Per JAGINST 5803.1C what the Major is doing is the unlawful practice of law, the JAG does not care.

REMEMBER:

The military can do no wrong.

So Nevada is pointing the finger at OJAG and OJAG is pointing the finger at Nevada, either way, this Major is still not able to practice law-but he is. I guess this is going to be another Colonel Michael D. Murphy case, the more stripes on your arm and ribbons on your chest means the law does not apply to you.

I have not included everything in here that I have against these people, that will come out in a court of law. I also know that good things happen to good people, and these people are going to rot in hell when I'm finished with them.

I understand now why the Marine Corps and the Navy do not want to admit what really happened. If they admit that one of their Religious Program Specialists (a man of the cloth) has been touching his daughter and they put an innocent man in prison instead of the pedophile, that would undermine their creditability.

Well USMC and USN, here's your black eye!

So in closing, there is a saying from Sir Walter Scott that I would like to share. I hope that you agree that it holds true in this case "O' what a tangled web we weave when first we practice to deceive"