Sunday, June 01, 2003

Retired Master Chief Petty Officer Richard C. Foster is seeking help for his son. If you have information about this case contact The JAG Hunter

What does it take to convict an innocent sailor in today’s Navy?
By Master Chief Petty Officer Richard C. Foster, USN Retired

The U.S. Navy Judicial System (Court-martial)

1. A Commander, VADM Gerald L. Hoewing and RADM Steven J. Tomaszeski, that trusts incompetent, and in some instances, negligent subordinates to do a professional job.
2. A Staff Judge Advocate that lacking leadership and professionalism recommends a case that has no merit to the Commander; in other words, a case that should not be prosecuted. (Note: No civil prosecutor would have taken the allegations against my son to trial.)
3. A Judge, CDR N. H. Kelstrom, who is easily duped by staged stratagem and who intimidates the defense attorneys into making unsound decisions and dictates to only the defense expert witnesses, prior to testimony, what answers they can, or cannot, provide to the jury.
4. Prosecutors who do not seek the truth in a trial and convict at any cost. (Note: One prosecutor, LT Melchoir, when asked the question “isn’t that the worst possible outcome of a trial? That an innocent person is convicted?” answered “No, I think the worst is when a guilty person is let free, . . .”
5. Defense Attorneys who are inadequate, consequently unqualified, but you do not know that until the trial is over, your son is convicted, and you receive copies of the documents that the Staff Judge Advocate used to recommend the case go to trial.
6. Members of the court-martial (jury) who lack enough common sense to realize perjury is being committed and that lying establishes the doubt that is necessary to acquit the defendant. Reasonable doubt is established through perjured testimony, no physical evidence exists, and they couldn’t care less about justice and truth; therefore, they convict.
7. Naval Criminal Investigation Service (NCIS) agent(s) who:
· Submit report(s) that are not accurate representations of what the interviewee stated. (NCIS Agent Harrison) Interviewee, Carolyn Foster, given no opportunity to review the report for accuracy prior to submission.
· Submit report(s) that leave out critical statements made by an interviewee that prejudices the defense’s case. (NCIS Agent Dillard) Recording equipment not tested to ensure proper working order and use of an old VCR tape that indicates prior use.
· Put forth the minimum required effort producing an incomplete; therefore, an incompetent and negligent investigation.
· All physical evidence proves negative and innovative testing exists that would have exonerated the defendant. However, they are more concerned about damaging furniture and bedding rather than the defendant’s innocence; therefore, the DNA testing was not performed.
8. A Grand Island, Nebraska Police Officer, Officer Stegman, who produces a report that 10 days later he recants portions thereof subsequent to the complainant (not a qualified doctor) making a medical conclusion to the officer’s superior -- that only a medical doctor could certify.
9. An adulterous ex-wife, sixteen (16) months after separation fabricating allegations, and her parents conspired to convict the ex-husband, as well as committing perjury in a Federal Court. Motive - Money. (Victim’s pay, parental rights, and accumulative child support)
10. The Court-martial. Eighteen (18) months after allegations the trial begins giving the ex-wife ample opportunity to brainwash the children against their father. A training session for incompetent and negligent attorneys with no supervision to safeguard the defendant’s rights.


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