Tag Archives: Three Days In August

Bob McCarty’s first nonfiction book, Three Days In August (October 2011), chronicles the life story and the wrongful conviction and imprisonment of a U.S. Army Green Beret. It’s available for purchase in ebook and paperback formats at Amazon.com.

Father Seeks Support for Wrongly-Convicted Soldier, Son

EDITOR’S NOTE: Below, and with only minor modifications, I share a story published recently at SaveThisSoldier.com, the website run by CMSgt. John Stewart (USAF Ret.). Chief Stewart, by the way, is the father of former Army Sgt. 1st Class Kelly A. Stewart, a Green Beret combat veteran whose life story is chronicled in my first book, Three Days in August: A U.S. Army Special Forces Soldier’s Fight For Military Justice (October 201):

Click image above to visit SaveThisSoldier.com.

Click image above to visit SaveThisSoldier.com.

Current Status and Help Needed

After release from prison March 31, 2011, SFC Stewart was forced to move to Virginia where he lived in an old 20 foot camper in a very, very rural area near the Shenandoah Mountain range.  His wife divorced him, taking away his two children.  Over the next 3 years he did not have funds to purchase propane gas on a regular basis and suffered through cold winter nights without heat.  A water hose running from a well froze, and there was no water and he frequently went to use a nearby river as the bathroom facility.  Having little funds for payment during the heat of summer, he had to significantly reduce use of electric and was without air conditioning.

This past year, with assistance of his parents, he was able to rent and move into an unfinished garage of an old home, one without heat or any comfort items.  He purchased a used wood stove, ran a stovepipe, to have heat in the garage.  Wood was hung on the wall for shelves for food items, etc.  An old, worn out couch and chair were purchased from a thrift shop for about $25.  A used bed and work table were found, the table serving as somewhere to sit and eat.  Found some cheap throw rugs from a thrift shop for the unfurnished floor.  A used refrigerator with a bad door and no icemaker were found, as was a makeshift kitchen stove to cook on.  He was unable to purchase a microwave oven.  Lighting is rudimentary at best.  In a joint room through a large opening is a portion used by the owner for repair to motorcycles and other items.  Obviously odors and fumes permeate throughout the living area.

Click image above to order book.

Click image above to order book.

SFC Stewart has an entry level job now at a local business (who’s owner) stepped forward, (understanding) his situation and the outlandish conviction.  Unfortunately, he makes a very, very small salary but it is the best that can be done for now.  From that small amount of take-home pay he must pay a large child support payment, necessary utilities, food, insurance and gas to get to work while using an old car purchased by his parents, medical bills must be paid (he has extensive health issues from military service and his without VA health benefits), clothing, etc., etc., etc.  Additionally, the United States Army has billed him for over $27,000 in back pay issues while on active duty and shortly will begin garnisheeing his pay for a monthly amount that appears to exceed his entire monthly income. 

His parents are attempting to find an affordable and livable home in the near area allowing him to commute to work and have the amenities of comfortable living.  They will make the payments until SFC Stewart gets back on his feet with sufficient income to pay the mortgage.  It is difficult to find a home because of the rural situation, which is the lowest populated County in the State.  Few homes are for sale within an affordable bracket not only from the aspect of parents being able to afford it, but in SFC Stewart being able to assume those payments should the death of his elderly parents occur.  Both mobile homes and fixed homes have been looked at by SFC Stewart and his parents during a recent visit.  Almost every home that has been reviewed (and there have been many) that are affordable have been in absolutely atrocious conditions and would be a complete waste of money due to improvement needs.  Nearly every home visited under $75k has been in terrible condition, but his parents nor SFC Kelly can purchase a home without assistance.

You can help.

Money is needed for purchase of a house that is livable and affordable.  100% of your donation will be used in the purchase of a home for this Soldier.  How much is need?  A lot.  Consider that 20% of the price will be needed for down payment, possible closing costs, purchase of appliances and furniture will be necessary, deposits for utilities, etc., etc. 

Will you help this Soldier who served his country with honor, only to be erroneously and unjustly convicted by a corrupt military justice system?  If so, click on this secure link and use your existing PayPal Account, create one, or use a credit card to make a donation.  Thank you for caring.

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After reading the piece above, I hope you’ll find a way to help Chief Stewart help his son by making a contribution to the cause.  If you want to learn more about Kelly Stewart, please order a copy of Three Days in August, the book New York Times best selling author Richard Miniter described as “Well-written and thoroughly researched, Three Days In August paints a convincing portrait of a military justice process that appears to have lacked one essential element – justice.”  Thanks in advance for anything you can do!

Click on image above to order Bob's books.

Click on image above to order Bob’s books.

Believed Innocent, Man Could Leave Prison After 36 Years

Imagine the prospect of being released from prison after spending 36 years behind bars for a crime you did not commit. Sixty-nine-year-old Michael Hanline might get to find out what that feels like next week.

According to news reports like this one, the Ventura (Calif.) County District Attorney’s office announced Tuesday that new evidence had resulted in a judge overturning the conviction — highlighted in the California Innocence Project video above — that had sent Hanline to prison in 1980 after he was found guilty of first-degree murder in J.T. McGarry’s 1978 death.

In this article (below), CIP offers more details of events related to Hanline’s case:

On October 22, 2010, after a lengthy evidentiary hearing and complete review of all of the evidence in the case, United States District Court Magistrate Judge Andrew Wistrich issued a report in Michael’s case, recommending that his conviction be overturned. Judge Wistrich emphasized how the prosecution, investigators, and Robertson had colluded to violate Michael’s constitutional right to have exculpatory information turned over to the defense. Judge Wistrich wrote, “The prosecution was so successful in violating the trial court’s orders and its constitutional obligation that by the time the exculpatory evidence came to light – nearly three decades later – many of the important witnesses had died or disappeared . . . Permitting the prosecutor to engage in this sort of gamesmanship with impunity signals that the constitutional rules established in Brady and its progeny are merely ‘pretend rules’ that need not be taken seriously.”

Collusion between investigators and prosecution attorneys? Violating a defendant’s Constitutional rights? The wrongs alleged to have taken place during Hanline’s case appear strikingly similar to those that took place during the court-martial of Army Sgt. 1st Class Kelly A. Stewart during three days in August 2009.

Once an elite Green Beret and highly-decorated combat veteran, Stewart sees no light at the end of his tunnel and finds himself living under a cloud today, branded as a sex offender for life after being convicted on sexual assault-related charges and sentenced to eight years behind bars at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan. He lives under a cloud as the result of being falsely accused by a then-28-year-old German woman who, according to testimony given by her friends during a post-trial hearing, lied several times while on the witness stand during Stewart’s court-martial.

To learn more about Stewart and why this man who served his country with honor should have never been prosecuted or convicted, order and read Three Days In August.

To provide financial assistance to Stewart and his family, click on the “DONATE” button at SaveThisSoldier.com, a website built and managed by Stewart’s dad, himself retired after more than 30 years of service in Air Force Special Operations.

Click on image above to order Bob's books.

Click on image above to order Bob’s books.