The Military Justice System
The Politics of Military Justice

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Keynote address by David Smallwood, Founder & President of the U.S. Council on Veterans' Affairs (USCOVA) at the 2001 CAMI Convention, Leavenworth, Kansas, on May 4, 2001

When you are in the military and your life goes to hell in a hand basket, someone always asks, "Who in the world did you piss off?". The question isn't, "What did you do or what law did you break?" but, "Who did you piss off?" This minor observation tells us a great deal about our military judicial system.

It tells us that our military is governed by the rule of men and not the rule of law, as they would have us believe. And as a result, you never know what law will be enforced on any given day. And because our military is governed by the rule of men, we understand why some men are above the law; immune from accountability and others are hammered so badly. We know that justice in America is sometimes purchased or given to only those with "political influence." Remember that America was established on capitalism. Put another way, it was established on the almighty dollar. And even though most Americans want to be wealthy as proven by the success of the TV show "Who Wants to be a Millionaire?", down the road, Americans end up resenting wealthy people because they have power to corrupt. A rich man can buy many things–he can buy houses, cars, boats, planes and all the toys of life. A rich man or woman can also buy people and the offices they hold.

It works differently in the military but the premise is the same. Power is given by the office you hold and not by personal wealth. In the civilian world, it's the rich vs. the poor and labor unions vs. big business. And why? It is because of betrayal. Business executives receive millions in bonuses while the front line worker is denied a decent pair of properly fitting coveralls. Young enlisted men and women in the military have no union. In the military, it is the enlisted and junior officers vs. the admirals and generals. And surely as money corrupts our civilian courts, so too does the power of high military rank corrupt the military court.

How many admirals and generals have been court-martialed, or for that matter, even been charged in our 225 year history? The reality is no one knows. News articles indicated Major General David Hale was the 3rd general officer to be court-martialed since 1952 and he was the very first to ever be brought out of retirement for court martial. That's a pretty impressive track record. Is it because all of our admirals and generals are completely above board and serve with the highest of integrity and honor? Do you think that crafty arrogance and power hungry aspirations died with Gen. George Armstrong Custer? On June 25, 1876, 265 men of the 7th Cavalry were wiped out as they followed a general who only cared about fame and promotions. Some say, Custer may have become the President of the United States had he survived the Little Big Horn Battle.

We are gathered here in the shadow of Ft. Leavenworth, a federal detention facility that can honestly be referred to as a political prison. We all know what those are. We have seen them in 3rd world countries like the one that housed Nelson Mandela in South Africa and Vaclav Havel in the Czech Republic. That could not happen here could it? A political prison in the United States; is that possible? Yes, my friends, that is exactly what Ft. Leavenworth is. It is the American political prison and many of the people behind those walls are there because of the politics of military justice. I'm sure there are people behind those bars who are guilty and are serving a just sentence. But, we also know, with the atrocities that are occurring nearly everyday in the military, there are those serving prison sentences right now who have done nothing; those who are innocent. Others have been terribly over-sentenced. For many years we have been watching the military system spin it's web of deception for the American people.

Are there innocent men behind the bars of Ft. Leavenworth? You can bank on it. Sometimes these innocent men are called whistleblowers and sometimes they were in the wrong place at the wrong time. Sometimes, they're political scapegoats that were thrown away to help some officer advance his career. We know this deep in our hearts to be true but where is our evidence? The evidence has been destroyed, buried or never investigated. Even when you have clear and convincing evidence of criminal misconduct like Lcdr. Walter Fitzpatrick, the military and our government will do nothing. The military will ignore compelling evidence to protect their own. The words "Equal Justice Under Law" are the ultimate American lie. But we have many American lies don't we? America loves their lies and liars; e.g., J. Edgar Hoover, Admiral Forrestal, Pearl Harbor, USS Maine, USS Iowa, Sen. Bob Kerry, Bill Clinton, et al.

Our military, our government and occasionally a newspaper reporter will commit a lie of omission. Remember there are lies of omission and commission. And the most popular lie is one of omission. If, as a teenager, you tell your mother that you are going to spend the night with a friend and you know she will think you are spending the night across town at your friend's house then you drive 300 miles to Las Vegas. The teen has committed a lie of omission. Yes, she spent the night with her friend but it was in Las Vegas. If a newspaper reporter reports that a father has lost his professional license due to delinquent child support and fails to tell the reader the man's children are both attending college, the readers only see a woman with two toddlers in droopy diapers screaming for their deadbeat dad. The reporter has omitted certain facts that he knows will create a distorted picture in the mind of the reader. It's a reporter's way of punishing people he personally doesn't like or agree with. He's committed a lie of omission. Lies of omission are as bad as lies of commission; direct lies.

To allow the American people to believe the United States military has a fair and equitable judicial system is to lie to the American people. It is a lie of omission. Handpicking juries, unlawful command influence on those juries, corrupted investigations; if they even begin, denial of access to experienced attorneys, unwarranted and unlawful use of the military psychiatric wards to discredit and punish; yes we have lots of evidence to tell us our military is lying. The government has left us with a track record of condemning evidence that reveals just how out of control everything really is.

The arrogance of our military leaders can be seen in whom they attack as well. Do you think they only attack lowly enlisted men? Amazingly, there's a long list of medical doctors who have been attacked by the intentional and illegal misuse of military psychiatric wards in the attempt to punish, discredit and silence. You would think that such a thing would be against the law. It is against the law; a law the military refuses to enforce. No one has ever been held accountable. (Dr. Denise Kirkland, Dr. Victoria M. Voge, Dr. Francis S. Norris, Dr. Mary E. Reid, Dr. Burton Adrian, Dr. Stephen Smith).

The most horrible injustice is the prosecution, imprisonment or, God forbid, execution of an innocent man but let's not forget the injustice of letting the guilty go free. For a moment, let's not only talk about those in Ft. Leavenworth who should be free but those who are free and should be in prison. Has not America sustained an injury when the guilty go free? Only 3 generals court-martialed since 1952. We know their tricks don't we. First they ignore the charge and begin to circle the wagons, second they deny the charge, then all attempts are made to prevent or subvert the investigation; and if all that fails they have a "get out of jail free" card; they retire to avoid prosecution. And until General Hale, that has always worked. Saying, the "admiral's or general's career was ruined," is not justice! Even though General Hale was court-martialed, he retired unscathed. He was fined $12,000, which was believed paid by ABC's 20/20 so he could blubber on national TV with Barbara Walters.

In the Tailhook scandal of 1991, the Naval Investigative Service (NIS) had 383 cases in which officers could have been charged for making false statements, conduct unbecoming an officer, indecent assault, indecent exposure and obstruction of justice. All except one was a junior officer. With the help of Adm. Gordon and Adm. Williams only one officer was brought to trial and charges were dropped against him. 28 witnesses said they saw the Chief of Naval Operations, Adm. Frank Kelso in the hallway of the Las Vegas Hilton referred to the gauntlet. Adm. Kelso said they were all mistaken. It was naval justice in its finest hour. 83 women say they were accosted in some manner and, with the help of these navy admirals and Congressional indifference, the women came out on the short end of the stick.

The job of military justice is not always to pursue criminal activity, but often, to make it go away; the military term for this is "damage control." The real mission of the military inspector general is damage control; protect the service from embarrassing revelations that could possibly come out in an investigation or fully contested trial. Is this justice? NO, It is the politics of justice. And the politics, both internal and external, have twisted and distorted the system so badly that sometimes the innocent are convicted and the guilty go free. It is a history of distortion and misrepresentation so strong and so effective that the American people do not know of these atrocities and if you told them, they would not believe it.

It doesn't help of course when Hollywood gets in the mix and produces movies like, A Few Good Men, Clear and Present Danger; Top Gun and TV shows like JAG that show the good guys always winning. This image is false. It is a canard. It simply is not reality. Hollywood and the news media know what sells and what doesn't. Showing American generals and admirals perpetrating evils upon the citizen sailor and citizen soldier, does not make people feel good about being an American. The Congress of the United States has let us down. Congress is duty-bound to watch over the military and they have terribly failed the American people. Some feel Congress should do whatever is necessary to maintain America's confidence in their governmental institutions at their highest levels; even if it means letting military commanders do whatever the hell they want to. Make no mistake; the blame for these egregious atrocities (imprisoning the innocent and letting the guilty go free) lies at the doorstep of United States Congress.

The pain suffered by so many has become a "political blanket party" with the United States Supreme Court supplying the blankets so our military can pull the wool over the eyes of the American people and protect those truly accountable. This blanket of protection is the Feres Doctrine that prevents service members from holding the military accountable in a court of law.

The court's written and unwritten policy of civilians handling civilian issues and the military handling military issues is at the core of the pain and suffering we hear about everyday. The Congress and the Supreme Court have a duty and a responsibility to stop the abuse and have failed to do so. The military term for this is; dereliction of duty. The Supreme Court must let the truth out, strike down the Feres Doctrine and set the innocent free. If evil admirals and generals are not to be charged, tried and convicted, like everyone else, then you have no justice; you have only INJUSTICE. Everyone should be free under those rules. I say to the President of the United States as I point to Ft. Leavenworth the same words that Ronald Reagan directed to Mikhail Gorbachev about another barrier to freedom and truth; "Mr. President tear down these walls!" (Tear down the walls or start putting flag ranking criminals behind those walls).

225 years ago, 13 tiny colonies stood together against the King of England because they had no representation. If our Congressional representatives ignore our pleas for help, are we not yet again being denied representation? Colonists were subjected to relentless harassment. If they spoke against the King, they were found guilty on trumped charges and hauled off to prison in the same way that John Mullahy was treated when he spoke out against his Officer-in-Charge (OIC), Navy Captain, Patricia Rios. 561 years before the American Revolution, on June 15th, 1215, King John met the barons near Runnymeade, England on the Thames River and granted them the charter they laid before him. It was called the Magna Charta and it initially contained 63 articles, the principles upon which the whole English judicial system is based and from which the entire American legal system was created.

One article stated, "No man shall be taken or imprisoned, or dispossessed of his land or outlawed, or banished unless by the lawful judgment of his peers or by the law of the land." Many of the protections afforded to English citizens did not apply to the American colonists the same way that our own Constitutional protections do not apply to our military members.

Military commanders try to make it look like they got a fair trial before banishment to Ft. Leavenworth --- but we know their game. If military members are not part of the democracy - and they only work for the democracy; then spell it out. On the Supreme Court write the words "Equal Justice Under Law except for the military." Do not lie to the American people strongly implying their sons and daughters will be treated fairly by the military judicial system, because they won't. With conviction rates equaling that of Communist China, do we really have equal justice under law? Are they really receiving lawful judgment by their peers when military jurors are under the threat and duress of a damaged career for failing to bring in a conviction? OF COURSE NOT!

We all know there is a serious problem by the numbers of disturbing cases we hear about with troubling regularity. As of September 1999, the acquittal rate was 31 of 349 general court-martials and 93 of 2102 special court-martials. This means the others were convicted at a rate of 92% and 96%. The civilian conviction rate is believed to be about 60%. If it's appropriate to read the names of those who fell victim in the Oklahoma City bombing then it is appropriate to read the names of some of those who have fallen victim to military injustice in one form or another.

Michael Tufariello, Sonny Bates, Stephen Whitlock Smith, Jeffery Trueman, Peter Cole, Karen Tew, Lee Mirecki, Bonnie Lemp, William Murphy, Robert Andrews, John E. Knecht, Kurt Luedtke, John Kartak, George Taylor, Brian Simms, Dean Melburg, Fred Ludwig, Darlene Simmons, Patrick Burns, John Mullahy, Kevin Holt, Donald Bramlett, Daniel King, Luis Rodriguez - Martinez, Sandra Larson, Jim Sabo, Walt Fitzpatrick and others too numerous to mention…

They were all caught up in the politics of military justice. If you are a whistleblower or a strong leader and the military uses either its so-called judicial system or the psychiatric wards to silence you, where is your support? Besides your mother and father; wife or husband—and those who taught you right from wrong and to fight for what you believe in; who is there to support you? Will the Democratic Party come to your aid? Will the Republicans? The liberals think you were stupid for even considering service to your country. To them you are a throwaway. The Florida election debacle revealed that military votes didn't count for much. The conservatives, on the other hand, see you as breaking ranks and want you destroyed. You are no longer, what they call a "team player." The news media outlets occasionally run a story but most of the atrocities are ruled as a "non-story" because the news editors and reporters know what sells newspapers. A military person getting screwed is simply not a news story and because of this fundamental reason, military evil is seldom exposed. Combine this with the military's circle-the-wagons tactic and TV shows like JAG that give a very false view of military justice implying that it's a clean system; now you understand the depth of the problem. You're the odd man out. You're the man without a country. You find yourself with nowhere to turn and no lawyer will take your case. No editor or reporter will publish or air the story. You are isolated and alone and that's they way they want it.

Walt Fitzpatrick refers to our movement to reform the military judicial system and get the military to reverse all of its horrible wrongs as the "perfect storm." One of the most spectacular events in nature is the dazzling display of an electrical storm as it discharges its awesome power over the landscape below. Some of you may remember witnessing the humbling supremacy of a thunderstorm. Recall, if you will, the excitement and trepidation when being confronted by a quickly advancing thunderstorm. Remember the ominous, foreboding clouds that multiplied and devoured the horizon.

It all begins with billowing mountains of visible moisture that at first look like big white pillows you could fall asleep on. But they begin to darken as droplets of water are formed and merged with others. Electrical levels begin to escalate as more droplets are added and propelled violently by strong currents of air. Thunder is a direct result of lightning. Without lightning, there can be no thunder. Thunder occurs when enormous electrical currents suddenly discharge and generate enough heat to raise the air temperatures to 30,000 degrees centigrade in only a split second. This instant and tremendous heating results in an immediate pressure increase, which is similar to an explosion. This explosion causes a shock wave, which in turn becomes an acoustic wave we call thunder.

The people who form the human landscape of America, the citizens of the United States, have been betrayed. And, the people who defend America, those in active service, have been tricked into believing they actually have rights and protections under the law. If America only knew of how the military judicial system is manipulated and distorted in favor of the government; if America only knew of the illegal overt and covert acts that are perpetrated by military commanders in the name of the American people --- if America only knew of how many admirals and generals have deceived them and, continue to deceive them when they really should be serving hard time in Leavenworth. If America knew what we know, the political atmosphere in the United States would darken. We would hear political thunder from all the mothers, fathers, sons and daughters who have friends or relatives serving on active duty right now.

The solution to the problem of military injustice has always been before us. If the only power that is respected in America is the almighty dollar then we must get the money to purchase the time on radio and TV until all of America hears what they don't want to hear; the truth. The model for success can be found in a thunderstorm. A thunderstorm begins with a single droplet of moisture that gathers with other droplets of moisture. Change begins with just a single individual that comes together with other individuals or, a single vote combining with other votes. And just as the droplets of moisture in a thundercloud begin to generate electricity as they become active and grow in number, so do voters in an election year. Non-profit organizations are prevented from lobbying Congress but they are not prevented from telling the American people the truth. When we finally understand that we can and we are making a difference - electricity will fill the air. The electricity will increase dramatically as more and more people hear the truth and vote to remove Congressman and Senators who are not solving the problem but who are the problem. The political atmosphere will crackle with excitement as more and more people become involved. People who care enough to become involved will intensify the storms strength, until finally, the astonishing power of real truth and real justice is manifested as it unleashes its mighty fury on Election Day.

As Americans come to realize that we should be defending those who are defending us, votes will mount in record number. And when this happens, an overwhelming force will be created; a force so great that lightning will strike. Blinding flashes of "political" lightning will leap from the ballot box to send a message that our sailors, soldiers, airmen and marines are not America's throwaways. This political lightening will shatter the darkness and expose the truth for all of America to see. It will send a message that more generals and admirals should be serving time behind the walls of Ft. Leavenworth. Just as a lightning bolt generates incredible heat, angry Americans can create political heat. Tremendous political heat will, like the thunderstorms in nature, create deafening political thunder that will roar throughout the land. And, the resulting political rain will wash away those who deceive under the color of office. The political rain will rinse away those who have betrayed the spirit and intent of the Constitution of the United States and not to mention the American People who are served by that Constitution.

Our task will not be easy. As it is true in nature, it takes tremendous energy to generate a storm. The very people we will try to protect will hate us the most. Our greatest barrier is the indifference that has allowed this injustice to flourish and grow. But another barrier rivals the indifference of a peaceful nation and that is; our own pain. Quit saying, "Why me? Why me?" and start saying, "Hell, it was me and life isn't fair!"

Get over it. We will be unable to vanquish the evil unless we are able to re-channel the negative energy from our own pain and suffering and convert it to positive energy to help others who have nowhere else to turn. Injustice will not be destroyed until those who are not affected by it are just as outraged as those who are. And while that is very true, it is also true that those who lead the fight against injustice must let go of the anger created by the harm they have personally endured before they can help others. When you begin to say, "Never mind about me and my story, I want to hear about you and your story! Maybe I can help you." When we are able to say this and mean it, what was a mild disturbance in the atmosphere will gather strength to eventually become the perfect storm. If the only way to obtain justice is through politics then we must fully understand the politics of military justice.

Chief Justice Earl Warren knew of the danger that a corrupt judicial system posed for America and made a statement on June 22nd 1959 concerning confessions obtained under duress that must be excluded from criminal proceedings. He said (paraphrased): Illegal methods used to convict the innocent endanger Life and Liberty as much as the misdeeds of the criminals themselves.

Thank you and good evening.

The case of Luis Rodriguez-Martinez:

"RAILROADED"

WHY IS THE BRASS AT FORT BLISS TRYING TO BREAK THIS OFFICER'S WILL? WHAT ARE THEY TRYING TO HIDE?

He was rated "the best CW2, personnel warrant officer, in the United States Army, bar none." His OER senior rater, COL Jeffrey W. Gault, called him "tremendously talented," and said his "personal and professional credentials are impeccable." The former NCO and veteran of nearly a quarter century of military service was called a "gifted leader, a model soldier," and was recommended for promotion "immediately."

That was three years ago.

Today, CW2 Luis Rodriguez-Martinez, faces court-martial on what he says are trumped-up charges. His career destroyed, financially broken, his wife Maria suicidal, the top-notch warrant officer clings to his faith in God and his indomitable will that some how "justice" will prevail.

The long nightmare for Rodriguez-Martinez began in the fall of 1997. According to the chief warrant officer, FBI and U.S. Customs agents were investigating a corrupt INS official. During March 1998, law enforcement officials set up a series of undercover operations, monitored by audio and video.

"A soldier with whom I had a business association outside the military was apprehended and later pleaded guilty to bribing a customs official," the Hispanic officer said. "Due to my association with that soldier, I was extensively questioned on numerous occasions. The first time was with my consent, but later it was without - and even though I requested military counsel during these interrogations - it was denied. The FBI and CID wanted me to corroborate their theories, but I in good conscience, could not lie.

"The questioning continued again and again until finally, in August 1998, I was forced to hire a civilian attorney in an effort to stop these interrogations.They stopped harassing me for a while only to resume again months later, but in more subtle and sophisticated ways.

"In April 1999, an administrative elimination board was conducted to consider the elimination of the soldier who pleaded guilty to bribery," Rodriguez-Martinez said. "During those board proceedings, I testified for the defense in my capacity as a military personnel technician. I was there to testify that numerous regulations were violated. I stated the fact that the soldier's requests for personnel actions were mishandled by the Staff Judge Advocate and that the chain-of-command at Fort Bliss was illegally stalling his request for retirement in anticipation of a civil conviction."

Court documents show the soldier, Sergeant Major Juan Rosario, was charged with importing marijuana from Mexico and trying to bribe a U.S. Customs Service inspector at the border. The former top-ranking enlisted man pleaded guilty to the charges and is serving a 57-month federal prison sentence in Texas.

Up until Rosario's guilty plea, Chief Rodriguez-Martinez, testifying for his fellow Hispanic soldier, had only been harassed. Now he faced charges of his own.

"It was during board proceedings that an FBI agent told military officials that during their investigation they had obtained video and audio evidence of my involvement in the case. Also it was alleged that during interrogation I had admitted to certain things that I adamantly denied then and now."

The chief said a CID report echoed the FBI agent's allegations of his involvement by stressing there was "incriminating evidence" against Rodriguez-Martinez in the form of "video and audio recorded evidence."

"During pretrial interviews earlier this year, and also on cross-examination during my Article 32 hearing, FBI and CID agents ADMITTED they NEVER had the alleged physical evidence against me, but the damage to my military career had already been done! Military decision-makers at Fort Bliss as well as those at the Department of the Army made prejudicial decisions against me based on the uncorroborated "evidence" and "misstatements of facts."

RETALIATION

"On May 7, 1999, Major General Denis D. Cavin initiated erroneous and improper elimination proceedings against me, utilizing the information provided by the FBI and CID. In addition, my already-approved retirement of August 1, 1999 was unlawfully revoked based upon the misinformation and misstatement of facts by the FBI, the CID and the chain of command."

Rodriguez-Martinez told MilitaryCorruption.com that his civilian attorney told him the El Paso, Texas district attorney had threatened to charge the chief warrant officer with "having knowledge that a crime was being committed and not reporting it." But that never happened. No charges were preferred.

"The evidence they alleged could not be produced because IT NEVER EXISTED and the sworn statement of their star government witness exculpated me," Rodriguez-Martinez said.

Since then, the chief said he has been served twice with "unlawful" elimination proceedings. He contends the Fort Bliss Staff Judge Advocate (SJA) has tried to "break" his will by forcing the warrant officer to spend thousands of dollars in "sham" elimination proceedings which he claims the Government never intended to go forward with.

"The military has offered me deals in exchange for corroborating their theories against someone else. I refused to accept those offers - I never would perjure myself for any reason. After three years - albeit with NO physical evidence - I am being court-martialed for offenses they wanted ME to attribute to OTHERS. If they had as much "evidence" as they falsely portrayed they had, WHY did they want me to corroborate such evidence? The Government does not have any evidence today that they did not have three years ago. Why did they not arrest me then?"

It wasn't until March 30, 2000 that military officials decided to prefer charges against Rodriguez-Martinez.

"These charges, I believe, are RETALIATORY in nature and were prompted by my decision to make a formal complaint to the Inspector General (IG) about their unethical practices," the chief said. "For three years, the SJA and my chain-of-command has contemptuously delayed justice. A few days after I complained to the IG, there was a sudden rush to bring charges against me. Today I stand charged with conspiracy and face 140 years of confinement because I refused to give them information I did not have! Ironically, the alleged co-conspirator is serving a five year sentence, and a corrupt INS agent who confessed his involvement last year has not been charged with ANYcrimes!"

A FUTILE SEARCH FOR JUSTICE

Since every attempt for redress failed, Chief Rodriguez-Martinez, asked his military defense counsel in June 1999 to seek "extraordinary relief" in view of the fact the Fort Bliss SJA was trying to "unlawfully" retain him on active duty.

He was told that first he'd have to "exhaust all forms of redress" before requesting any kind of relief.

"Later on that year, when it became evident to me that the military were lying to me and misstating the facts in their illegal effort to revoke my retirement, I again inquired of my legal counsel and he just repeated his prior advice."

Many times during the period July 1999 to February 2000, decisions were made concerning Martinez-Rodriguez's career, he said, without allowing him "due process" of law as stipulated in Army regulations.

"Army officials would serve me with various notices of actions against me but I never was afforded the right to respond. Decisions were always made before I had an opportunity to respond.

"On March and April 2000, I submitted protected communications to the Training and Doctrine Command, the Department of the Army, and the Department of Defense Inspector General's offices. The first two communications were compromised somewhere down the line. They ended up in the office of the SJA and my commanders at Fort Bliss. Part of my TRADOC IG complaint was used against me during pretrial motions!

"The Inspector General rejected my complaint in June because, according to them, I did not submit it within the prescribed 60 days.

"I went back to the military defense counsel. He told me if I was to be convicted, I would have an opportunity to automatically appeal my conviction and that is the ONLY form of relief that I am entitled to under military law. In other words, I would have to go outside the military justice system to find some form of relief prior to trial."

Rodriguez-Martinez said he could seek relief through a civilian attorney but that the cost of that would be prohibitive.

"The little money that I had, I spent trying to defend myself against sham elimination boards. I was assigned a new defense counsel this July. I brought up the issue to him and he did some research for me. He found that I may be eligible for a request for Habeas Corpus but that I will have to submit it through a civilian attorney or on my own (pro-se). Due to my financial situation, I have no choice but to do it pro-se."

A PATTERN OF ABUSE

RETALIATION: Rodriguez-Martinez contends his rights were violated under the Whistle Blowers Act (Title 10, USC, Section 1034) when his protected communications with the Inspector General were compromised and military officials retaliated against him, whether for being a defense witness in another soldier's elimination board proceedings, or for refusing to "confess" to law enforcement officials something he didn't do.

DECEPTIVE AND ILLEGAL PRACTICES: Fort Bliss and Department of the Army officials are alleged to have engaged in deceptive and misleading practices designed to deprive Rodriguez-Martinez of his legal entitlements and due process of law. He claims he was coerced and placed under duress by the SJA and Army officials - through misrepresentation of options - into applying for retirement in lieu of elimination.

VIOLATION OF PRIVACY: "My commanders contemptuously utilized open methods of transmitting communication to expose my case to the plain view of anyone with direct access to the network services and command meetings at Fort Bliss in violation of my privacy rights."

UNLAWFUL REVOCATION OF RETIREMENT: "My already approved retirement of August 1, 1999 was unlawfully revoked in violation of AR 600-8-24, AR 600-8-2, Title 10 USC, Section 639, and Title 5 USC Section 702. Actions executed against me that are the product of an illegal act therefore should be nullified."

DENIAL OF DUE PROCESS: "I was denied my fundamental right of military due process when my legal consul was prevented (despite repeated attempts) from obtaining evidence and information necessary to establish a defense. My defense and right to counsel have been impeded in violation of due process when the SJA in an addendum to my application for retirement in lieu of elimination included as an attachment, a document that we were not informed would be included. As a result, my counsel was not able to respond, correct, or countervail the implied misinformation as required by Army Regulation 600-8-24. Also, I was the subject of nonconsensual interrogations by being repeatedly questioned by the FBI and CID officials WITHOUT the presence of an attorney! I was the subject of nonconsensual interrogation when, through deceptive means, the SJA intercepted privileged communications intended for the IG, and my legal counsel."

UNETHICAL BEHAVIOR AND PROSECUTORIAL MISCONDUCT: "The FBI and CID engaged in misconduct by purposely misrepresenting the evidence to army authorities. I feel the SJA used bait and switch tactics and his and the Article 32 hearing officer made prejudicial comments during the hearing. The Department of the Army's decisions to unlawfully revoke my retirement and not accept my application for retirement in lieu of elimination is based on a parade of unevidenced matters and untrue statements of facts made by the SJA."

BEING SINGLED OUT FOR PROSECUTION: "I was singled out for prosecution in violation of my Fifth Amendment rights which assures every person the equal protection of law."

UNLAWFUL COMMAND INFLUENCE: "My commanders abandoned their impartial roles and became advocates for the prosecution. I contend prejudicial command influence has tainted the fairness of my case from the onset causing me irreparable injury and rendering adjudication of my case ineffectual."

DISCRIMINATION AGAINST, DENIED LAWFUL ENTITLEMENTS, SUBJECTION TO CRUEL AND UNUSUAL PRE-BOARD AND PRE-TRIAL PUNISHMENT: "I was subjected to public and pretrial humiliation by the command at Fort Bliss. I was illegally deprived of a lawfully approved retirement, promotion opportunities, mandatory performance evaluations reports for the past three years, my personal liberty, and the opportunity to be heard in response to the Army's elimination threats."

CAMPAIGN OF TERRORISM: "The Army's three-year calculated campaign of terrorism against my family and myself have methodically deprived us of our dignity, lawful entitlements, due process and civil rights."

DEFECTIVE ARTICLE 32 HEARING: "The Article 32 investigation was devoid of fundamental fairness. I was denied the right of a properly conducted pre-trial investigation. But the Article 32 hearing officer improperly refused to recluse himself where his impartiality might have reasonably been questioned. The SJA was an accuser due to his personal interest in my case and therefore cannot objectively perform the pretrial and Article 32 review of this case. My right to confront my accusers was denied. Statements made by the prosecutor during the Article 32 hearing were prejudicial against me.

INSUFFICIENT EVIDENCE: "The so-called evidence is legally insufficient to sustain a conviction for conspiracy because the testimony of the two Government witnesses are both exculpatory in one instance and uncorroborated and inherently suspect in the other. Evidence omitted during the Article 32 hearings creates unreasonable doubt. Third and fourth-hand hearsay is not sufficient evidence to proceed to a court-martial when there is no opportunity to cross-examine unavailable witnesses."

DEPENDS ON WHO YOU ARE

Chief Rodriguez-Martinez contends there is an obvious disparity in the way Fort Bliss officials dispense "justice" among soldiers of different rank. Informed sources at Fort Bliss and in El Paso, Texas have provided information which led to an investigation by MilitaryCorruption.com.

These sources report "the same zeal used to prosecute low-ranking soldiers is used to process the expeditious retirement of high-ranking officers and certain senior non-commissioned officers when they "get in trouble."

Here are a few examples:
A sergeant-major and senior enlisted IG at Fort Bliss was expeditiously allowed to retire from the Army after being found to have extorted sexual favors from soldiers' wives in exchange for helping them get child support.

A former command sergeant major was allowed to quietly retire after an investigation revealed that he abused travel privileges to maintain an adulterous affair with a subordinate soldier at Fort Hood, Texas. He was also picked up for DUI but nothing happened to him.

Another command sergeant major was picked up DUI, but he too got a quick retirement without any punishment.

A full colonel, the former commandant of the U.S. Army's Sergeant's Majors Academy at Fort Bliss, was allowed to expeditiously retire after being confronted with E-mail messages of a sexual nature addressed to his civilian secretary. Other female employees at the academy had previously complained about the preferential treatment this secretary was receiving from her COL "boyfriend" but their complaints fell on "deaf ears." The female secretary admitted that she and the colonel would take TDY trips to maintain their affair and that the colonel was able to get her promoted utilizing his power and influence.

Another full colonel, this one a chaplain, was processed off post and retired "in a matter of days" after a young male chaplain's assistant complained the officer made sexual advances toward him. The SPC said the chaplain showed him X-rated films in their hotel room while on TDY and attempted to have sex with him. The chaplain's assistant said the colonel claimed he rented one room for him and his enlisted subordinates "in order to save the government money on TDY funds." In actuality, it was to seduce his chaplain's assistants. The young soldier was transferred to a station of choice and no charges were preferred against the well-connected colonel.

Other abuses at Fort Bliss have occurred in recent years including an episode when two dozen officers and NCO's were caught up in a sex scandal involving young female enlisted soldiers.

"The double-standard is alive and well at Fort Bliss," one non-com on post told MilitaryCorruption.com. "The arrogance of our so-called commanders is breath-taking. They know they can do what they damn well please. But the one thing they fear is exposure. Bad publicity could embarrass the Army and they can't afford to do that. So they try to keep a lid on things and keep scandals and misconduct here covered-up."

When contacted to get the Army's side of the story, COL Wallace B. Hobson, Fort Bliss garrison commander, had "no comment."

As for CW2 Rodriguez-Martinez, he lives his life day-by-day. The emotional toll has been devastating to him and his family. "I know I am inviting further retaliation by talking to you," he told MilitaryCorrupiton.com, "but I want everyone to know how evil elements of today's Army have become. They have no conscience. All they care about is themselves. My wife has reached her breaking point and I am not far from a mental ward myself. Will it take a tragedy for someone to finally say: "Enough is enough?"

Daughter: My dad didn't kill himself
Jeff Lehr (Staff Writer)
Posted: 12/6/00

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A Texas Tech student wants to clear her father's name more than four weeks after his body was found in Franklin Mountains State Park in El Paso.
U.S. Army Chief Warrant Officer Luis Rodriguez-Martinez was found dead by a Lubbock man in the early morning hours of Nov. 4, who was hiking on Trans Mountain, part of the Franklin Mountains.
His daughter, Texas Tech student Eimi Rodriguez Cruz, a junior Spanish major from El Paso, said she thinks there may be some foul play involved because of the events surrounding her father's death.
The officer, a 26-year veteran, was accused three years ago by U.S. Army officials of being part of a drug-smuggling ring and was facing up to 80 years in prison at Leavenworth Disciplinary Barracks in Kansas.
Rodriguez Cruz said her father's defense attorneys were accusing the Army of trying to link the officer to the smuggling operation on the basis of "guilt by association, innuendo and false charges."
According to militarycorruption.com, a Web site dedicated to exposing corruption in the Armed Forces, Rodriguez-Martinez complained that the Army was "retaliating" on him for refusing to testify against a fellow soldier just days before his trial concluded.
Nov. 1 was the last day of the officer's trial, in which he was supposed to hear his verdict; however, his family reported him missing later that day.
Absent from his sentencing, Rodriguez-Martinez was convicted the next day, Nov. 2, although he was not present during the hearing.
He also was convicted of drug smuggling in 1997 and 1998, as well as giving about $70,000 in bribes to a U.S. Immigration and Naturalization Service inspector and trying to solicit other INS and U.S. Customs inspectors to allow vehicles loaded with marijuana into the United States.
Fort Bliss spokeswoman Jean Offutt told The Associated Press in a Nov. 8 article that there was no gun found with the body and there were no outward signs of trauma.
Police had been searching the Franklin Mountains area Nov. 3, after Rodriguez-Martinez' red Dodge Neon was found parked along a road entering the park, near the beginning of Smuggler's Trail on the northeast side of the mountain.
Rodriguez Cruz said her father was found the next day, but the police and the man who allegedly found her father told her family different stories.
"Later that day, an FBI agent and a member of the El Paso Police Department came to my house and said that my dad's body was found hanging from a tree by his belt," she said.
According to The AP, Niels Pedersen, a family doctor from Lubbock who was hiking on the mountain the morning of Nov. 4, took a shortcut off the trail to try to catch up with a group of friends and that is when he found the body.
"I sat down to rest on a rock, and I turned around and saw a person that looked like he was trying to shelter himself because of the storms that took place overnight," Pedersen told The AP. "I hollered over, but there was no response, he said." "I got closer and tried to rouse him, but he was unrousable."
Rodriguez Cruz said she does not understand why her family was told he was hung, when the man who found him said otherwise.
Sgt. Al Velarde, El Paso Police Department spokesman, did not comment on issues involving the case, as it is still under investigation, but speculated that Rodriguez-Martinez did hang himself.
"My understanding is that is how he killed himself," he said.
El Paso FBI Agent Al Cruz, said the bureau assisted in the investigation of the case even before the chief warrant officer was found dead, but he also said the case is mostly under the Army's direction.
However, Al Cruz said Rodriguez Cruz' accusation against the FBI, climing that FBI officials said her father was found hanging from a tree is somewhat unfounded.
"I don't know why anybody would have said that if it had already been reported that he was found on the ground," he said.
Al Cruz did not comment any further on the case.
The military judge in Rodriguez-Martinez' court-martial found that the chief warrant officer conspired with several people in Jose "Pepe" Cruz' drug ring, based in Ciudad Juarez, Mexico. "Pepe" Cruz is serving a 27-year federal jail sentence on drug charges.
Rodriguez Cruz, a member of the Kappa Delta Chi sorority at Tech, said she is having a difficult time understanding where her father was from Wednesday afternoon until Saturday morning. She said she is unsure whether or not her father was killed or if he committed suicide.
"The type of person my dad is, is never one to run away from his problems," she said. "I know toward the end he was very stressed out."
She said she knows in her heart that her father did not kill himself, but if he did, Rodriguez Cruz said, the accusations and the trial made him do it.
Rodriguez-Martinez was recently buried in his home country of Puerto Rico, where Rodriguez Cruz said her family lives.
Until she knows what happened to her father, Rodriguez Cruz said she is not ruling out foul play.

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