FOR IMMEDIATE RELEASE
September 3, 2013
Contact: Brian Purchia, brian@protectourdefenders.com
*** PRESS RELEASE ***
Quotes of Interest from the FOIA released materials relating to Lt Col Wilkerson’s sexual assault conviction
“I have considered all matters in the record of trial, including all matters presented in the presentencing portion of trial. The sentencing adjudged is appropriate for the offenses for which the accused was convicted. I recommend you approve the sentence as adjudged.” Col Joseph Bialke, Staff Judge Advocate for Lt Gen Franklin advising him to approve the sentence against Lt Col Wilkerson, before clemency process http://www.foia.af.mil/shared/media/document/AFD-130404-223.pdf On page 11. DOAF Letter: Memorandum for 3 AF/CC dtd 12 Dec 2012, Subj: Staff Judge Advocate’s Recommendation
“I recommend you amend the judged sentence of confinement for 1 year, and I further recommend you commute the adjudged sentence of a dismissal to confinement for two years; accordingly, approving of sentence of confinement for 3 years.” Col Joseph Bialke, Staff Judge Advocate for Lt Gen Franklin advising him to approve the sentence against Lt Col Wilkerson, after clemency process http://www.foia.af.mil/shared/media/document/AFD-130404-223.pdf On page 20. DOAF Letter: Memorandum for 3 AF/CC did 4 Feb 2013 Subj: Addendum to Staff Judge Advocate’s Recommendation
“This topic has been eating at me and I feel compelled to give you my thoughts. I know you have many advisors on the Wilkerson matter but this directly
affects Aviano in many ways so I want to share one of my concerns as the commander here. I suspect that your lawyers are giving you many options to consider with respect to clemency and one of those options might include reversing the
dismissal so that Wilkerson can retain his retirement in support of his family. My understanding is that if that happened, he would come back on active duty to Aviano. That would be absolutely devastating in so many ways
that I begin to consider it. Having Wilkerson hack on active duty at Aviano, even for one day, would complicate all the personnel and clearance actions taken, have a huge negative impact on morale and send a very negative message about how seriously we take sexual assault in the AF arid potentially call into question the effectiveness of our UCMJ system in general… Finally, the victim still works on base… She deserves
consideration, too. Any change to his penalty will
be a message to her as well.” Brig Gen Scott Zobrist, Commander, 31st Fighter Wing, Special Court-Martial Convening Authority for the Lt Col Wilkerson case
http://www.foia.af.mil/shared/media/document/AFD-130821-024.pdf On page 6. Fr: Zobrist To Franklin Feb 19, 2013, 6:40am
“I called last night AFPC and they are lining up all POCs to work on
a) virtual out processing from Aviano
b) next assignment options (away from Aviano) . . . I intend to get him back to a flying assignment ASAP… Colonels’ group will work this
c) restoral of all Security Clearances
d) restoral of his promotion to 0-6
… if he wants to talk with me about staying in or getting out we’ve provided all my contact info as well. I would reassure him he has a great future and his record is very competitive
for OG/CC.” Lt Gen Franklin email to Gen Breedlove about Lt Col Wilkerson’s future in the Air Force
http://www.foia.af.mil/shared/media/document/AFD-130821-026.pdf On page 17. Fr: Franklin To: Breedlove, Feb 27, 2013 8:05am
“Let me look into the security clearance issue and see what I can do to fix it.” Lt Gen Franklin in response to Lt Col having lost his security clearance because of the trial
http://www.foia.af.mil/shared/media/document/AFD-130821-025.pdf On page 43. Fr: Franklin To: Jay [redacted], Mar 5, 2013 10:46pm
“I intend to get him back to a flying assignment ASAP (away from Aviano.) Please make sure Col Wilkerson knows he can contact me or his OG… about the way ahead for his next assignment.” Lt Gen Franklin discussing Lt Col Wilkerson’s next assignment
http://www.foia.af.mil/shared/media/document/AFD-130821-024.pdf On page 38. Fr: Franklin To: Franklin and [redacted], Feb. 26, 2015 9:54 PM
“He (Wilkerson) also wanted me to convey to you his promise that there is no adverse information to his knowledge outside the changes brought against him in the court.” Email from Commander, 31 Operations Group, Aviano AFB [name redacted], to Gen. Franklin, with copies to Gen Zobrist and Wilkerson, regarding Franklin’s effort to help Wilkerson regain his security clearance. http://www.foia.af.mil/shared/media/document/AFD-130821-016.pdf On page 23. Fr: [Redacted] Commander 31st Operations group, To: Franklin, Mar 5, 2013 3:29 PM
“Finally, and quite significantly, it is now clear that Col Ostovich knew of the sexual assault allegations but failed to take any action on them. The victim’s contractor friend who took the victim to the hospital, who is in a relationship with Col Ostovich, admitted that she told Col Ostovich “everything I knew” within two days of the incident (assault allegation involving Lt Col Wilkerson, drug test for date rape drug, other details of the assault, etc.) Col Ostovich clearly failed to act as the senior SAPR/SARC rep on the base and I believe he did this to protect his friend, the alleged assailant. There is also the possibility of criminal activity by Col Ostovich in that he potentially obstructed justice by communicating this info to Lt Col Wilkerson although this will be hard to prove.” SCOTT J. ZOBRIST, Brig Gen, USAF, Commander, 31st Fighter Wing, Aviano Air Base, Italy http://www.foia.af.mil/shared/media/document/AFD-130821-023.pdf On pages 63 & 64. Fr: Zobrist To: Franklin May 25, 2012 11:04 PM