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.
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
- 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
- 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
- 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
- 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
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.
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