Sequence of Events

 

On August 2, 2008 Kelly was stationed in Grafenwoehr, Germany as an instructor for the 7th Army Joint Multinational Training Command International Training Center. He visited a night club with a group of international special ops friends.  That night he met a foreign national woman, who let her friend present know she was leaving with Kelly to be intimate with him and they departed to the hotel resort where Kelly was billeted where she spent the night.  She had in her possession a cellphone, a room phone was present as was Kelly’s cellphone, all readily available when Kelly was out of the bedroom showering.

 Subsequently:

 - On November 7th, over 3 months later, the foreign national went to a German Police station to file rape and kidnapping charges.

- On August 19, 2009 Kelly was found guilty by court-martial and sentenced to 8 years of confinement, given a Dishonorable Discharge, reduction to E-1, and forfeiture of all pay and allowances.

- Kelly failed to appear for the sentencing portion of the trial and was reported as "escaped." During the days that followed he twice attempted suicide by hanging and with medications without success. Later, he voluntarily turned himself into military authorities and was confined in a local military jail. He began vomiting and urinating blood and eventually was placed in the Landstuhl Medical Center in critical condition. He was then transferred to Walter Reed Medical Center, Maryland for additional treatment due to his condition. Three days later he was transferred to the brig at Quantico and three days afterward transferred to the Leavenworth military prison.

- In late May 2010 Kelly was moved to the Mannheim jail in Germany awaiting a clemency hearing. On August 26th the individual appointed as reviewing official, BG Salazar, dropped two charges against Kelly resulting in a reduction in sentence of 2 years. An additional 3 years reduction was given for clemency. All other charges and sentencing remained as is except for the discharge was moved up to a Bad Conduct Discharge. He has since been release and lives in rural Virginia.

Discrepancies in the conviction:

 - There was no physical evidence of any crime.

- There are no witnesses to any crime being committed.

- The accuser admitted during testimony that she knew upon agreeing to leave the night club with Kelly that they would be having sex.

- Despite traveling by taxi, walking through the major resort hotel, being in a room adjacent to hundreds of other occupied rooms and countless employees present there was no report of anything unusual, to include the accuser asking for help or having any sound being heard from the room by outsiders despite the accusers statement of severe physical activity.

- The individual had direct access to a house phone, her cell phone and Kelly's cell phone located in the room and failed to use them to gain help even though Kelly had left her alone in the room while showering. Additionally, the accuser gave Kelly her cell phone number upon departing the next morning.

- According to sworn statements by the accuser’s roommate and best friend of eleven years, the accuser had been placed in a mental health facility and had been diagnosed with Borderline Personality Disorder. In her very close contact with the accuser she had observed a very warped perception at times and situations that can be substantiated by facts which are described by the accuser from a totally different point of perception. This close friend also reported receiving a text message in which the accuser described the night with Kelly as lecherous, where she "found my master" and the accuser described her encounter with Kelly as "great sex." This entirely disputes her charges of being raped or kidnapped.

- According to trial transcripts the accuser indicated that after the sexual encounter with Kelly she could not have relationships (sexual contacts) with other men. However, two witnesses provided statements that she had indeed had multiple encounters with multiple partners during the period she testified that she could not do so.

- One witness at the hearing was the personal advisor to the accuser as appointed by the U.S. Army. Though charged to support the accuser, she contacted me immediately after the trial to refute actions and testimony of the accuser. This civilian employee described how the accuser appeared to be faking emotional outbursts during the trial and had even warned the accuser outside the courtroom. Subsequently, the accuser stopped doing so during later testimony. The civilian employee was reduced two grades and suspiciously removed from her position by the Army for coming forward with the truth in support of Kelly.

- The court-martial board was originally formed with multiple members who had their military performance reports reviewed by the Board's senior officer and/or had served together at previous assignments. Though two were later removed from the Board after Defense complaints, no explanation has ever been given as to why jurors were appointed who obviously would have been influenced by the senior officer's position on the trial decisions. Also, no Special Forces personnel, nor women, were appointed to the board.

- Though transferred to Walter Reed in critical condition with severe damage to liver and kidneys for the attempted suicides, less than 72 hours after arrival Kelly was transferred to a jail at Quantico. This occurred despite on-site complaints by the family to the hospital staff. Nevertheless, Kelly had his IV's removed and he was transported via wheelchair wearing only a hospital gown while in serious condition. At Quantico he was not given any toiletry items, towels, underclothing, etc., and he had to use a hospital gown for drying after washing. I was told by the senior ranking military guard at the Walter Reed facility that "higher command authority had ordered the transfer and there was nothing he could do about it." The family, though having flown in from across the United States and from Europe, were not allowed visitation before he was wheeled away into a black SUV with tinted windows.

- At Leavenworth, Kelly was told that if he would plead guilty to the charges he would have a chance early probation. If not there probably would be none. Kelly refused to do so.

- When being transported through the terminal at Dulles International enroute to Leavenworth, Kelly reported there were as many as 12 guards from Homeland Security, the military, etc. on him despite being in a wheelchair and double shackled. He was placed in a downstairs holding cell where people were brought down to observe him in a fashion only found in a zoo.

- Throughout the entire hearing and clemency review the Prosecutor repeatedly stated that the Defense was in error after error throughout the trial and that was why there were findings of guilt. Yet the clemency ruling by a non-lawyer states that no discrepancy was found in the trial.

- Even though the accuser admitted at the hearing that she had committed perjury in the court-martial about having had sexual encounters after the night with Kelly, the Military Judge ruled those lies were acceptable.

- Witnesses to the hearing that were friends of the accuser provided written statements to the clemency review indicating they personally knew the accuser was lying during the hearing. These statements were apparently disregarded by the clemency review official. Additionally, an elderly Canadian citizen who stayed at the hostel complex where the accuser lived was contacted by the Military Judge via sworn telephone testimony and she stated the accuser had for some reason told her of a sexual encounter with a large black man from another country at the hostel during the time when the accuser stated, according to trial transcripts, she had no sexual activity whatsoever.

- Trial transcripts indicate that though Defense wanted access to medical records of the accuser for a reported a several month commitment to a mental health facility the request was denied under the grounds that Germany would not release them.
- Although there was an extensive investigation of Kelly by the Army CID, there appears to have been nothing done to investigate the above discrepancies prior to the court-martial trial, the hearing, or the clemency review.

- Everything throughout this chain of events is suspicious. As example, the clemency review completed last week was described by Kelly's civilian counsel as being the longest review in his 35 years of practice and the military counsel indicating that every other case he had observed had never taken that long to complete. I heard many rumors of "undue command influence" and I question whether there is an effort by the Army to convince this soldier despite consequences.

There are many, many other discrepancies that can be found by comparing statements of the accuser, her testimony etc. All appear to have been ignored with an Army effort to convict without conscience. I contacted nearly every senior officer and enlisted person in Kelly's Special Forces command chain, the Army Chain of Command, the Army military justice system, and even our President and asked that an investigation be initiated into validity of the charges. All refused to even take a look at it.