Wednesday, June 27, 2007

Lootenant Culpepper’s Defense

“The [court-martial] went off all right with all the precision of a well drilled cast doing a well rehearsed play, the [court-martial] looked fine, up to the very last minute. The three witnesses told their stories clearly and simply, as if quoting their typescript statements from memory; their stories all jibed. The prosecutor explained with incontestable lucidity the infractions of the [Uniform Code of Military Justice] that had been committed and the penalty required by the [UCMJ] that had been committed and the penalty required by the [UCMJ] for such infractions…Everything looked rosy, everything was according to Hoyle. Then, at the last moment, with a sort of abortive outrage against destiny, Lt. Culpepper suddenly entered a furious plea of guilty and appeal for clemency on the grounds that all good soldiers were drunkards...

The accused could gladly have shot him...”

-James Jones

From Here to Eternity (1951)


I call it the “Lootenant” Culpepper’s defense, that is—no defense at all—because all accused military men are guilty doncha know. In America’s military courts-martial system “it is absolutely legally impossible to get…an acquittal.”

Those familiar with James Jones’ novel know that Culpepper’s client, Army Private Robert E. Lee Prewitt, was an innocent man.

Not that it made much difference.

Last January I was amongst a group of military folk closely watching the Ray Girouard case anticipating Ray was going to be coming home to Sweetwater, Tennessee after Girouard’s March general court-martial.

Ray is, after all, an innocent man.

Not that it makes much difference.

The columns in Ray’s defense were as numerous as they were strong and reliable proving Ray blameless. Tidbits of information—a glimpse here, a dissembling there—one built upon the next supporting the belief Ray’s release from shackles was eminent.

Witnesses against Ray had clearly impeached themselves by way of perjury encouraged by over-aggressive, predatory, outlaw Army prosecutors. Word had gotten out that Ray’s commanding officer, Colonel Michael Steele, had already been administratively reprimanded—fully responsible for the events of that day—begging the question why Ray hadn’t already been released outright. Then television news reporter Demetria Kalodimos discovered the existence of Colonel Steele’s pre-combat “hoo-ah” speech captured in a new film documentary.

Then ex-Army JAG Anita Gorecki had her “come-to-Jesus” meeting with Alan Dershowitz and everything went dark. Suddenly Ray found himself on a fast track leading directly to Fort Leavenworth.

Ex-Army JAG Gorecki, it turns out, is as much a traitor as she’s a less successful seductress.

Gorecki, influenced by the infamous Alan Dershowitz, added Ray Girouard’s general court-martial to a long list of rigged courts-martial (many publicly reported on these JAG Hunter pages, military ceremonies all, acts of attainder every one) that put Staff Sergeant Raymond Girouard in the dungeon at Fort Leavenworth, Kansas.

Anita Gorecki was paid 28 thousand dollars to present the plain view defense that was available to free Ray Girouard. Community leaders in Ray’s hometown of Sweetwater, Tennessee fought hard to raise and then pay Anita Gorecki the $28k to bring Ray home.

Gorecki stole that money instead and sent Ray, an innocent man, to America’s martial catacombs.

Gorecki met with Alan Dershowitz in February 2007. The two of them brokered a deal to protect senior Army commanders from exposure and embarrassment. Readers need know little more than that Ray Girouard’s commanding officer, Colonel Michael Steele (of Black Hawk Down fame), was found fully accountable and administratively punished for something (we’re not exactly sure what, thanks to Gorecki and Dershowitz) that occurred in the same operation for which Steele’s men, including Girouard, faced court-martial.

Gorecki won a motion to force Col. Steele’s public testimony. Suspicions regarding Gorecki’s true loyalties erupted when Gorecki voluntarily declined to call Steele to the witness stand only after Gorecki met with Alan Dershowitz, and without Gorecki supplying any truthful explanation.

Anita Gorecki was paid cash money to dissolve the Army’s myth that formed the basis for false accusations thrown at Ray Girouard. I’m speaking about the perjury suborned under duress voiced by soldiers Graber, Huntsaker, and Clagett. One learns in lawyer’s school, in the “DEFENSE 101” class, that a case based upon lies, once its foundation is washed away, is a case where the accused gets to go home a free man (fruit of the poised tree stuff).

Instead, ex-Army JAG Gorecki worked aggressively to Ray’s demise making good use of Lootenant Culpepper’s defense—that is, no defense at all.

It’s one thing to inform a client the other side is ready to deal. It’s altogether another matter to aggressively push for a client to accept an offer. Gorecki’s duplicity is most dramatically betrayed by her begging Ray to take a take a deal that wasn’t even yet on the table.

Gorecki freely admits, almost to the point of blustering boast, she employed her womanly ways to seduce Ray (at the time a man who’d already suffered forced celibacy for over a half-year) to cave under extraordinary government pressures. Anita acted out with her self-admitted overly emotional assault on Ray’s psyche. Crying tears profuse enough to drown rats, Gorecki flipped through pictures of Ray’s wife, and Ray’s son Hunter. Anita cried Ray a river assuring Ray would never see his family again unless Ray took a deal.

Forty years (40 YEARS!) in a military cave was what Captain Fischbach offered first.

When Ray bravely told Gorecki (Dershowitz) and Fischbach to go to hell, Gorecki (Dershowitz) contumaciously tossed Ray and Ray's solid defense on the trash heap.

As vividly exampled above Gorecki refused to call Col. Michael Steele to the witness stand. Gorecki further refused to subpoena a film central to profiling the command climate Ray served under, "I Am an American Soldier: One Year in Iraq with the 101st Airborne, a documentary directed by John Laurence. In the film Col. Steele waves a World Trade Center flag to rouse men such as Staff Sergeant Girouard and Girouard’s subordinates (Grabber, Huntsaker, and Clagett) before a combat engagement, inciting those men to fight…later celebrating their battlefield performance.

In the days leading up to the court-martial ex-Army JAG Gorecki limited information, completely cut off communication between court-martial participants and those closely following its progress. Fischbach’s team reinforced this unofficial cloaked gag order. No one was to talk to anybody.

A group of three or four men barged into the Ms. Joy Girouard-Oakes military motel room at 2:00 a.m. just hours before Joy was scheduled to testify on Ray’s behalf. Joy’s frightened response quickly forced the group’s retreat. Alerting the front desk of the break-in, the front desk employee expressed surprise that Joy was still in the room.

The clerk explained that witness coordinator, Ms. Cheryl Young, called the front desk earlier—prompted by someone on Fischbach’s JAG team—that Ms. Girouard-Oakes’ room was empty and available for new occupancy. Captain Jerry Dugan, it turns out, directed Ms. Young to call motel management giving a green light to rent what Dugan and Young represented was an empty room.

Dugan was working for Fischbach.

Joy expressed her outrage to Gorecki hours later, before Ray’s court-martial reconvened, in a corridor outside the hearing room. Captain Dugan, overhearing Joy’s animated complaint approached with a smirk on his face punctuating his uninvited question, “How’d you sleep last night?”

This tactic is described in the law books as witness intimidation and it’s a crime. Consequently, because of actions reported here (combined with many others) Army JAGs Fischbach and Dugan are described as criminals.

Gorecki was unconcerned. “No big deal,” ex-Army JAG Gorecki said. “Let it go…forget it.” Whether Gorecki knew about or encouraged Fischbach and Dugan’s witness intimidation beforehand is unknown.

Gorecki sloughed off another report of witness intimidation. Ray’s advocate (defender), Anita Gorecki accepted the government’s explanation there were not enough vehicles to transport Ray Girouard, Huntsaker, and Clagett to prevent their talking to (influencing) each other. Huntsaker and Clagett, of course, worked hard on Ray in their importunities for Ray to take the government’s “deal.”

Gorecki, again, didn’t think a second example of intimidation and coercion of Ray meretricious (as Gorecki would know). Why would she? Gorecki had tired herself to seduce Ray into taking a plea agreement and failed (hence, a scorned, rejected woman).

One more item about Anita Gorecki: Anita’s husband, an Army officer wearing a Ranger tab, once served under Michael Steele’s command. Anita did not disclose her personal connection to Steele while money was being collected to pay Gorecki’s legal fees. Not until the court-martial hearing officer and Captain Fischbach announced the news during the court-martial was it publicly revealed Anita’s husband and Steele had once enjoyed a senior/subordinate command relationship.

Questions are swirling now about how Anita Gorecki introduced herself to Ray’s defense, and how it was she was to low-ball any other civilian attorney. From all appearances, Anita invited herself to this dance.

About to join Ray is Marine Sergeant Lawrence Hutchins, III (taking for granted nothing reported on these JAG Hunter pages will be effective in time).

Consistencies between Ray’s court-martial just completed and Larry Hutchins’, about to begin, and the consistencies between those military discipline hearings to the many others profiled at The JAG Hunter and JAGMIRE makes clear that what one man can hide, another can uncover.

Congressman William Delahunt (D–10th MA) asked his counsel, Atty. John P. Kivlan, to act on Delahunt’s behalf to gather evidence in support of Sgt. Hutchins’ innocence. Regrettably (working for Delahunt) attorney Kivlan introduced Alan Dershowitz to Richard Brannon (Hutchins’ lead defense counsel). Now that Dershowitz and Brannon are good friends, Marine Sgt. Larry Hutchins finds himself defenseless and on a fast track to join Ray Girouard at Ft. Leavenworth.

Kivlan informs us (in a conversation with Tim Harrington) that students matriculated by Alan Dershowitz are perfecting Lootenant Culpepper’s defense (no defense at all) in the looming court-martial of Marne Sgt. Larry Hutchins.

During a recent phone conversation between Lawrence (father) and Kathie (mother), parents to Sgt. Hutchins, John Kivlan implied heir son was going to prison. All that was left to do was to determine for how long. Moreover, in a separate conversation, Kivlan explained further to Tim Harrington that he (Kivlan, with other staffers nodding heads north and south in agreement) knew the courts-martial system was crooked, but couldn’t be repaired in time to save Marine Sgt. Hutchins.

All this while, right there and in plain view, there exist clear and rock solid reasons to release Marine Sgt. Hutchins immediately.

I’ve embraced the teachings of W. Edward W. Deming for many years, especially his emphasis upon the business practice regarding trend analysis. Watching trends is also aggressively advocated as a best practice in the engineering disciplines.

It is significant then to recognize in the study of military discipline the anomaly (the outlying discrepant practice) is when advocates employed to defend a military member actually put up a fight protesting their client’s innocence.

For anyone keeping any sort of score card I’d like to observe:

Ray Girouard is an Army Ranger,

Larry Hutchins is a Marine from a family proudly steeped in Marine Corps service,

Alan Dershowitz is an ogre,

Lootenant Culpepper, er…I mean Rich Brannon is a bastard, and

Anita Gorecki is ah…well, a monster.

With that I offer this gentle suggestion that attorneys are feeding upon America from within, and that we’ve got the wrong people in our prisons.

Here endth the lesson.

Copyright © 2007: The JAG Hunter

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Sunday, June 24, 2007

The Naval Criminal Investigative Service vs. the United States Marine Corps

ARTICLE 32: A Documentary film

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Get subscribers posted by The JAG Hunter @ 6/24/2007 08:46:00 PM   0 comments

JURIST - Forum: The Taguba Revelations: Lessons(?) from Abu Ghraib

"One primary reason for the failure to hold the military leadership accountable is that the Uniform Code of Military Justice provides no legal standard of command responsibility by which the conduct of senior military commanders can be accurately and fairly evaluated. It is long past time to adopt such a standard. "

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Saturday, June 23, 2007

This tennis return response (received within a half-hour)

"Please remove me from your list.

Anita Gorecki"


The below email correspondence is reprinted here for wider public examination and edification. More to follow on these pages regarding the criminal conduct of Alan Dershowitz, Anita Gorecki, Rich Brannon, David Brahms, Ted Miller, and others...



Marine Captain Don Greenlaw, and Marine Sergeant Tim Harrington,


Anita Gorecki threw Ray Girouard's general court-martial! And Gorecki lied to me Thursday night (21 June 2007) when confronted directly!

And Gorecki knows she's been caught!

Army Captain Theodore "Ted" Miller, assigned military defense counsel to Staff Sergeant Ray Girouard, abetted and aided Gorecki!

Gorecki's mendacities are effortless (she's caught in several lies) and tedious. Gorecki told me Thursday night she had no knowledge (until our conversation Thursday evening) regarding Colonel Steele's employment of Alan Dershowitz (widely reported since January).

I confronted Gorecki directly Thurdday telling her I believe she was part of the secret wrangling (with Dershowitz) that rigged Ray's trial.

Gorecki accepted my accusation without challenge. Gorecki refused to answer my direct questions.

I asked Gorecki, for instance, why she decided to pull the granted motion to call and question Colonel Michael Steele as a witness (recall Col. Steele received an Article 15 reprimand for events where subordinate soldiers suffered courts-martial).

I asked Gorecki directly why she didn't jump all over the gift she was presented by exposure of the Army's forced fiction regarding those events trotted out during the series of courts-martial of the events of 9 May 2006. Grabber, Clagett and Huntsaker are all on record telling us they suffered subornation in their perjury that Army JAGs forced in crafting Graber's, Clagett's and Huntsaker's testimonies.

Gorecki had dinner with Col. Steele in February. It's commonly known Steele had his attorney (Dershowitz) present. It's worth noting that Steele didn't rate Army JAG representation (the assignment of an Army defense JAG inasmuch as 1) Article 15s don't trigger defense JAG assignment, and 2) Steele wasn't facing charges in February 2007 - when he and Gorecki met at Steele's Atlanta "mansion" for dinner and drinks).

Gorecki told me Thurdsay evening she's never met Alan Dershowitz. Again, Gorecki told me Thurdsay she'd never heard of Steele's employment of Dershowitz until Thursday night.

Anita Gorecki is a liar who's ripped off the people of Sweetwater, Tennessee while sending off one of their soldiers to the military dungeons.

There are other clear evidences of the corruption of Ray's court-martial (and the corruption of the others). In simple terms, if Gorecki has nothing to lie about, why is Gorecki lying?

I called and emailed Dershowitz's office and his assistant's office on Wednesday (20 June 2007). No response.

The JAG Hunter letter to Sgt. Hutchins render the silence of publicly corrupt attorneys undisturbed at the expense of soldiers and Marines suffering in military discipline caves.

I'd like to point out here as well that the uniforms Ray Girouard wore at his March 2007 court-martial are stolen under Anita Gorecki's and Ted Miller's watchful eyes. Other personal property seized from Ray (valued at thousands of dollars) is also stolen. I'll be filing an email criminal complaint reporting the theft this weekend. Army Criminal Investigative Division (CID) Special Agent David Aaron Thomas is placed on notice as an addressee to this correspondence.

Dershowitz and Gorecki are both addees to this correspondence, as is Rich Brannon. I'm happy to be disabused regarding my findings which I'm preparing for posting at The JAG Hunter shortly.

Pass the word!

Here endth the lesson.

Beware the fury of the patient man,
Walter Francis Fitzpatrick, III
United States Navy, Retired -- Surface Warfare (command-at-sea qualified), Naval Parachutist
United States Naval Academy, Class of 1975
Still serving - John 15:13

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Get subscribers posted by The JAG Hunter @ 6/23/2007 04:53:00 PM   0 comments

Thursday, June 21, 2007

Walter Francis Fitzpatrick, III
P.O. Box 4003
Silverdale, Washington 98383-4003

The JAG Hunter


Wednesday, 20 June 2007

Sergeant Lawrence G. Hutchins, III, USMC
Box 555226
Camp Pendleton Marine Corps Base
Camp Pendleton, California


Dear Sergeant Hutchins,

Now hear this Marine!

Rich Brannon, your civilian lead defense counsel, is actively obstructing your participation in your own defense.

Brannon leads a flying wedge of defense lawyers, coached by Harvard Professor/Counselor Alan Dershowitz, running blockers to knock down people such as myself holding the key proving your innocence and offering you freedom.

I’m certain, as in the case of Army Staff Sergeant Raymond Girouard, that sub rosa (secret) discussions are cobbling together and crafting a back-room deal between Rich Brannon, Alan Dershowitz, and government functionaries the purpose of which is to keep you in a Defense Department dungeon for a good part of the rest of your life.

You’ve already been found guilty.

Brannon is on the record (reported under the advice and counsel of Alan Dershowitz) declaring your criminal conduct the act of a sick man (that would be you Sergeant). All that’s left to determine is how long you’ll be kept in the military catacombs.

Brannon (aided by criminal companions like Dershowitz) is picking the pockets of anyone paying him.

All of this is going on while there exists a dispositive document record you and your defense team have reviewed in relevant part, laying down the template for the criminal operation of modern-day military ceremonies we know as “courts-martial.”

Elements of that pattern incorporate declarative written conclusions of guilt by accusers then free to assemble their own personal hearings—populating the hearing by their own hand—to examine their own invented and false accusations. The design allows for criminalizing non-crimes, naming innocent acts as somehow violations of military virtue. It allows for incompetent confessions that may be coerced or created (by criminal impersonation—forgery).

The courts-martial system embraces and encourages introduction of impostor or “ghost,” personages used to witness fictionalized episodes. More, JAGs routinely suborn perjury of real people (procured or induced) to witness in support of their military fantasies.

And advocates to the admirals and generals (JAGs) willfully destroy any written or electronic record that reports the truth. Destruction of real, tangible physical evidence is required in the world of make believe.

Criminals in high-command, convening authorities like Lt.Gen. Mattis in your general court-martial (agents deputized by the commander-in-chief), are perfectly positioned to operate corrupt and corrupted military ceremonies (courts-martial) that give life to government mendacity while simultaneously taking or destroying your life (along with the lives of family and friends).

Mattis, for instance, willfully relies upon the incompetent and infected investigative work product of JAMES H. CONNOLLY and ERNEST A. SIMON. These men—CONNOLLY and SIMON—are known and reported federal felons and extant participants in a long-running criminal enterprise reported widely, publicly, and separately. SIMON and CONNOLLY are then—as recognized and reported crooked cops—completely undone and impeached in their duties regarding their investigation of your case.

CONNOLLY and SIMON, along with other Naval Criminal Investigative Service special agents, are named as federal criminals this day in reports filed with the Federal Bureau of Investigation, the Defense Criminal Investigative Service, and the NCIS among other police organizations. The NCIS is reported, as an organization, a group of henchmen working for contumacious flag officers —our admirals and generals—recently recognized a military mafia (quoting Army Major General Taguba from his contemporary The New Yorker magazine interview).

You are being punished without law in a system wherein these criminals in command are themselves immune from consequence.

You, Rich Brannon, Alan Dershowitz, and other members of your defense team are advised on these matters previously and aggressively in the belief that this information, conjoined with allied Navy-Marine Corps documents, stands as the strongest column in your defense.

My immediate understanding is you’ve directed Rich Brannon that these writings and my personal testimony are to be used in your defense to free you from incarceration.

Brannon and his team of merry men have ignored your directives. One month out from the commencement of you military ceremony, there are no subpoenas issued summoning document production or my appearance. There has been no trial preparation of any type or kind.

More than that, outside observers—I among them—are convinced your defense team holds you cloistered, forcing your silence by keeping you out of sight and out of mind. It’s believed Brannon, Dershowitz, and cohorts are determined to foreclose upon what’s commonly considered one of your chief opportunities for freedom.

Your mom and dad have been overpowered, and are overwhelmed. They can’t help you. Besides that, they’re not rich enough to buy you out of your troubles, as for example, our more senior military commanders are able to buy their way out of their travails (think of Colonel Steele, for instance, paying Professor Dershowitz as discussed anon).

Speaking for myself, I’m particularly troubled by reports of Harvard Professor /Attorney Alan Dershowitz’s unsolicited insinuation into your case.

Dershowitz is retained civilian defense counsel to Army Colonel Michael Steele involving Army Staff Sergeant Raymond Girouard (and others—the IRON TRIANGLE case). Your situation is nearly identical to that of Ray’s.

Ray Girouard’s GCM was the work product of Army JAGs who created a fiction born of coerced testimony used to punish Ray without the benefit of law. Army JAGs forced and suborned perjured testimony in an act of attainder while Ray’s defense team sat on their hands and studied their shoes. Now, Ray Girouard finds himself behind bars at the United States Disciplinary Barracks, Fort Leavenworth.

Ray Girouard demanded that Colonel Steele testify so as to support Ray’s going free as an innocent man. Army JAGs, Alan Dershowitz, and others successfully blocked Ray’s desperate efforts at self-defense by blocking Steele from undergoing public scrutiny and examination.

I’m being blocked now by your defense attorneys from testifying on your behalf regarding the criminal conduct of NCIS Agents CONNOLLY and SIMON (and others). My personal experience with the corrupt and corrupted courts-martial system is also being silenced.

Alan Dershowitz’s immediate participation in your court-martial is no coincidence. Dershowitz’s involvement in your case, due to active solicitation by your federal representative—Congressman William Delahunt, while contemporaneously defending Colonel Michael Steele sounds a blaring alarm siren.

All of this is observed in an atmosphere whereupon you’ve already been found guilty, as publicly voiced by a staff attorney to Congressman William Delahunt, to your parents and others. Delahunt’s mouthpiece further observed all that remains to be determined is how long you’ll be Ray Girouard’s neighbor. And again, know this; Brannon’s advance of a PTSD defense admits your guilt while offering an excuse for your criminal conduct.

Then this question to you Sergeant Hutchins: How much time do you think you’re going to do?

No attempt is being made, so far as I or anyone watching closely can tell, to protest your innocence by way of aggressive defense. Rich Brannon, working hand-to-glove with Dershowitz, has become your greatest threat.

Meanwhile, no one can get to you to sound the alarm. More than that, Rich Brannon—after declaring your guilt in advance and in public—has gone to ground.

I must testify on your behalf on those matters profiled here and elsewhere. I can do that for the price of cab-fare to the nearest video teleconference site anywhere inside the Kitsap Naval Base complex footprint surrounding my residence. If Lt.Gen. Mattis persists in advancing your GCM after reading this letter, and refuses to respond to efforts to defend yourself, this letter must be read aloud during your GCM and a copy introduced into the written record.

Here endth the lesson.

Beware the fury of the patient man,


Walter Francis Fitzpatrick, III

United States Navy, Retired – Surface Warfare (command-at-sea qualified), Naval Parachutist
Still serving – John 15:13
B.S. United States Naval Academy (with military honors), Class of 1975
MBA Technology Management, UOP 2002
The JAG Hunter

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Get subscribers posted by The JAG Hunter @ 6/21/2007 12:38:00 AM   1 comments