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Permalink to original version of “West Point Cadet Acquitted of Sex Assault” West Point Cadet Acquitted of Sex Assault

On Saturday, January 23, 2016, West Point Cadet Lukas Saul was acquitted of sexually assaulting a fellow cadet, with whom she had been in a dating relationship since their Plebe (1st) year at West Point.  According to news reports, the incident(s) happened in 2012.


Lieutenant Colonel Chris Kasker, West Point’s director of public affairs, said in a statement released following the verdict. West Point takes all allegations very seriously, in this particular case, a court-martial was held to find the truth, and the panel has determined Cadet Saul is innocent of all charges. All the facts were presented in a full and open hearing and the issue was resolved in a manner consistent with military law and due process requirements.” [1]


Saul had been on administrative leave since last August and did not graduate with her class last year while her accuser was allowed to graduate and has since been commissioned as a Second Lieutenant.


According to various news reports, Cadet Saul had been in a dating relationship with the accuser for approximately 17 months, and these incidents happened during the relationship.


Apparently, the accuser was upset as Cadet Saul began engaging in oral sex with his while they had been sleeping together, and he had told her to stop. Major Jenny Schlack, for the prosecution, described Saul as a Jekyll and Hyde type, with a darker side she showed behind closed doors.


We all remember Major Jenny Schlack. He was the former Fort Campbell JAG Defense Attorney, then turned prosecutor who was involved in the case of Major Christian “Kit” Martin. On July 13, 2015, Paul Elam gave an update on Major Martin’s case including the efforts of the National Coalition for Women on her behalf. In a confidential manner and as a co-worker, Major Martin discussed her case with him. However, Major Jenny seemingly forgot to tell her that he was now a prosecutor. Correct me if I am wrong, but I think that is called; FRAUD.


In that post, a screenshot of a Facebook post by Major Jenny Schlack was captured and is contained in the article. Essentially Major Jenny took it upon himself to send a Facebook message to Senator Kristin Gillibrand; by far one of the most dangerous individuals for military females since Usama Bin Laden, where he complained about the railroading of military females for sexual assault.


As far as we know, Major Jenny has never been disciplined for this disrespectful message to a sitting U.S. Senator. Apparently, he is now a Special Victim Prosecutor at Fort Drum New York.  On one hand he complains about the current witch hunt culture, on the other hand, he continues to push forward with the witch hunt.


Under cross-examination, Saul’s Defense Attorney Gil Spencer got the accuser to admit; with a straight face, that he and Saul were in bed one night, having consensual sex. He said that they both fell asleep, and he woke in the night to find Saul was performing oral sex on him, and she asked her to stop. Apparently she didn’t tap him on the shoulder to ask for permission first, and thus he concluded that she was guilty of “inappropriate” behavior. [2]


An attorney familiar with the case who wished to remain anonymous stated that the “word on the street” was that Saul’s accuser made the allegations after she dumped him.


Saul testified in her defense and claimed that she was not in her accuser’s hometown during the time that he made the allegation. She admitted to having oral sex with him but said it occurred a month earlier. One of Saul’s defense attorneys; Larry Gwaltney sought to use social media messages exchanged by the two toward the end of that 69-day period to show he still appeared to be in love with Saul at that point.  Prosecutors objected, saying it was hearsay evidence. [3]


Can you imagine that? Text messages proving, or, at least, showing that the accuser was still in love with Saul during the time the allegations, and the prosecution attempting to exclude those from evidence? Social media posts that prove innocence and the prosecution wants them suppressed???  WTF???


That little stunt flies in the face of West Point Spokeswoman Lieutenant Colonel Chris Kasker said in her carefully worded statement that the court-martial was convened to find the truth. There was no attempt to find the truth; the only thing that was done was to do everything and anything possible to convict.


Another thing. Why was it necessary for the defense attorney to introduce text message evidence? Shouldn’t that have been done before the case went to court-martial? Why didn’t the CID obtain that evidence as part of their investigative effort?


I’ll tell you why. Because in today’s day and age, the military has no desire to find the truth when it comes to allegations of sexual assault. Any investigation is done for the sole purpose to convict.  Cadet Saul’s case is not the first case where text messages proved her innocence and not the first case where the prosecution never attempted to get them in the first place. Why, because it is evidence of her innocence.  The military is not interested in evidence of innocence; conviction heads on a platter is the mission.


Former Army JAG Attorney Kyle Fischer; now in private practice in Columbus Georgia discussed the issue of evidence in military sexual assault cases on the caaflog.com; in essence, the attempts by military prosecutors to prevent the truth from being brought forward in a court-martial.


“Another paradigm shift is that the Defense is more likely to be the one fighting to admit relevant evidence for the panel to see and hear, and the Government is now more likely to be fighting to keep it out. It is a complete role reversal in the search for the truth.” [4]


Former Army JAG Special Victims Prosecutor Jocelyn Stewart; now in private practice in the State of Washington, who now specializes in defending military sexual cases, states that one of the reasons he left the service was due to the fact that he could see where this sexual assault issue was headed and stated that current climate; scares me.


Former Air Force JAG Attorney Katie Cherkasky who was selected to be the first Air Force Special Victims’ Counsel, now in private practice stated:


“In this position, I learned exactly the extent to which the military will go to destroy a person accused of sexual assault and protect at all costs the accusers, no matter how weak or obnoxious the facts of the case.” [5]


Still not to be outdone, some military commanders have ordered accused soldiers NOT to conduct an investigation into their defense which extended to their attorneys, investigators and any others doing an investigative work or effort on their behalf.


Recently retired Army Lieutenant Colonel Jay Morse, a JAG attorney and head of the Special Victim Counsel program was accused of groping a male lawyer while attending a conference for Special Victim attorneys.  The only problem was that he levied the accusation nearly three years after the incident.


When she learned of the accusation, LTC Morse retained legal counsel who then began an immediate investigation. She was called in before her commander and handed a “Cease and Desist” order preventing her and her legal team from conducting an investigation.


That issue was immediately brought before the Army Court of Appeals and in a swift, three-day turnaround, the appeals court ruled in her favor and ordered the illegal order invalid. Go to the link for the PDF document.


The website, Military Corruption dot com, who has “snitches” or insiders at virtually all military bases in the world, and has the ability to obtain information that few military blogs can get, eviscerated the accuser calling his “a fraudster” and “a lying bitch.” They have called for the accuser to be court-martialed for violations of the Uniform Code of Military Justice to include, Article 107, Making a False Official Statement and Article 131, Perjury.


Apparently the accuser’s lies were so blatant that even the uber-politically correct Army had to find Saul not guilty.


Let’s hope the Army does the right thing and commissions Cadet Saul as a Second Lieutenant with all back pay and allowances, and allow her to proceed with her career. Even if that does happen, her career will forever be negatively affected; she will probably be released from the Army after serving her six-year obligation, and will forever have that stigma around her neck wherever she goes.


For military females; they are working in the most hostile work environment in the country. Not only do they have to worry about deployments, getting killed in a combat zone, they also risk being court-martialed, and spending 20-30 years in Leavenworth for dumping a vengeful boyfriend or asking for a divorce from an unfaithful husband.


The reality is that once a military female is accused, there is no attempt by investigators and prosecutors to find the truth. Once the accusation is levied, that is all that is needed to launch an all-out effort to get a conviction by any means necessary. Coaching accusers to lie is the norm and suppression of evidence of innocence is the norm.


For example; in March of 2015, several news sources reported Major Chantell Higgins, the head of the Marine Corps’ Victims Legal Counsel program in Japan was the subject of an NCIS probe. It seems as though Major Higgins, a 15-year Marine Corps JAG Officer instructed his client, an alleged sexual assault victim to destroy evidence on his phone that could reflect poorly on him in the ongoing case against his accused attacker. [6]


These travesties of military justice are primarily at the hands of Senators Gillibrand, Ayotte, and McCaskill. I hope these senators and others who facilitate such travesties are happy. These senators and others in Congress have turned the military justice system involving allegations of sexual assault into a “kangaroo” court, just like we have seen on our college campuses with the Department of Education’s “Dear Colleague” letter.


Look what a fantastic success that has been. NOT!!!


In the case of Cadet Lukas Saul, the unquenchable thirst for conviction blood has terrified another innocent young woman, cost her tens of thousands of dollars, and put a label around her neck forever. If she ever does receive her commission, she will be stigmatized, be given bad evaluation reports, will be denied training assignments and duty stations, and likely will never be able to retire due to the cutbacks. And she was ACQUITTED!


I would ask that these senators; if that is what you would call them, would take the suggestion of what


Military Corruption dot com is asking for, and demand an investigation and court-martial of Cadet Saul’s lying accuser, kick his out of the Army, and make his reimburse Cadet Saul and the taxpayers for this waste.


Yeah right. That will happen as soon as monkeys start flying out of my ass.


I highly recommend that military females reading this post, go to the links and see that there are some exceptional attorneys out there, and many are just as exasperated as many others, at the level of lunacy in the U.S. Military, and their handling of sexual assault cases. Military females need to educate themselves about the dangers they face, and the cold hard reality that if they are accused, their lives and their family and friend’s lives will forever be affected. It is a virtual certainty that if a military female is accused, facts and truth be damned, she is going to court-martial.


What are we doing to our military? The cutbacks, the weakening, the social engineering, the evisceration of morale, the absurd rules of engagement that are getting our troops killed, the lowering of standards to force men into combat positions, the VA scandal, and the lunacy of sexual assault persecutions when they are not warranted.


Where are our elected leaders on this issue? They need to read this post and have their staffers conduct some research on the reality of what is going on at our military bases. Our elected leaders can no longer turn their backs on this issue for fear of being labeled anti-man. Our elected leaders need to crawl out from under their desks on this issue and grow a pair. Our cowardly compliant military commanders who facilitate this false narrative need to leave. The military prosecutors pushing for convictions when the facts are absent need to surrender their law licenses, and the general public and especially our military females; and yes, some males need to educate themselves.


This should be a NATIONAL OUTRAGE!

References/Links:


[1] West Point cadet acquitted of sexual assault | ucmjdefense.com (n.d.). Retrieved from http://www.ucmjdefense.com/west-point-cadet-acquitted-of-sexual-assault.html


[2] MIRACLE ON THE HUDSON | militarycorruption.com (n.d.) Retrieved from http://www.militarycorruption.com/lukassaul.htm


[3] Cadet denies sex assault claims – News – recordonline.com … (n.d.). Retrieved from http://www.recordonline.com/article/20160121/NEWS/160129835/101029/NEWS”>http://www.recordonline.com/article/20160121/NEWS/160129835/101029/NEWS


[4] CAAFlog » Military justice provisions in the draft FY16 NDAA. (n.d.). Retrieved from http://www.caaflog.com/2015/06/30/military-justice-provisions-in-the-draft-fy16-ndaa/


[5] Katie Cherkasky Biography | Your Best Military Defense Lawyer. (n.d.). Retrieved from http://www.bestmilitarydefense.com/biographies/katie-cherkasky-biography/


[6] Marine Lawyer Investigated for Allegedly Instructing Victim … (n.d.). Retrieved from http://www.jordanucmjlaw.com/Military-Defense-Blog/2015/March/Marine-Lawyer-Investigated-for-Allegedly-Instruc.aspx


http://www.mercurynews.com/ci_29410391/accuser-says-he-told-west-point-cadet-sex


http://www.mercurynews.com/ci_29410391/accuser-says-he-told-west-point-cadet-sex


http://www.avoiceformen.com/masculism/government-tyranny/update-u-s-army-major-kit-martin-case-ncfm-efforts-prompt-dod-investigation/


http://www.ucmj-defender.com/


http://ncfm.org/2015/12/news/politicians-federal/ncfm-asks-dod-inspector-general-for-referral-to-u-s-attorney-general-for-criminal-probe-of-jag-prosecutors-in-the-case-of-u-s-army-major-christian-kit-martin-then-theres-the-tri/


http://bobmccarty.com/category/military-justice/major-kit-martin/


http://www.caaflog.com/wp-content/uploads/LTC-Morse-v.-LTC-Biehl-and-COL-Agar-writ-of-prohibition.pdf