Petition update

CAAF acts AGAIN...some good news

Kenneth Pinkela
Otisville, NY, United States

Nov 9, 2015 — November 5th, 2015 - U.S. Court of Appeals of the Armed Forces (CAAF) reversed and dismissed the aggravated assault and reckless endangerment convictions, however, they are affirming a lesser charge of assault and battery (following their earlier precedent in US v Gutierrez)
What is factually different, and we pray the Army will admit in a de novo review, there is NO physical or sexual contact in my record of trial. My accuser NEVER anywhere could describe HOW or WHAT sexual act tok place to remotely expose him to HIV this FACT can not in any way justify assault and battery...

LTG Darpino YOU MUST see that...and YOU MUST ACT...DISMISS THIS CASE

What is remarkable, in this decision is that the CAAF took this action WITHOUT the knowledge and sworn statement from the Primary Witness (read the earlier posting) Can you imagine what they will do or would have done if they had the facts about the lengths of lies and coercion Army prosecutors went to to fabricate the case against me.

The fight is NOT over...

The CAAF has remanded the case back to LTG Darpino, the Judge Advocate General of the Army for action...
I am unwavering in my demand for the Secretary and LTG Darpino, to now do what the CAAF has ordered...REVIEW my CASE with all the FACTS and have the courage to ACT and DIMISS this case.
For the sake my my family and me, but for the sake of the Army...this case is a stain on the integrity of the entire UCMJ system...there is NO evidence, No investigation...nothing to justify any action against me...
The system failed...it failed to protect an innocent man and officer who volunteered a polygraph and medical phylogenetic testing to PROVE that I am NOT the source of HIV...the acts of the prosecution are beyond excusable ... they are unprofessional and criminal in and of themselves...
I continue to hold on to Hope that the professional corps of senior leaders will take this opportunity, given to them by the military high court, as a second chance to right a terrible wrong...give me my life back... learn from the mistakes and grow as an Army, from the terrible actions of a few hate filled, bigots and their fraud and abuse of the office they were charged with in wrongfully prosecuting an innocent man.

I Hope and Pray you will ALL continue to STAND with my family and with me...DEMAND that LTG Darpino and Secretary of the Army DISMISS the entire case.

The Honorable John M. McHugh
Secretary of the Army
101 Army Pentagon
Washington, DC 20310-0101

The Honorable Eric K. Fanning
Under Secretary of the Army (Acting)
102 Army Pentagon
Washington, DC 20310-0102

LTG Flora D. Darpino
The Judge Advocate General
United States Army
2200 Army Pentagon 3E542
Washington DC 20310-2200


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