STATEMENT: Protect Our Defenders’ Statement on Wilkerson’s Reinstatement; Calls on Sec. Hagel to Investigate Wilkerson
FOR IMMEDIATE RELEASE
March 30, 2013
Contact: Brian Purchia, , brian@protectourdefenders.com
*** STATEMENT ***
PROTECT OUR DEFENDERS RELEASES STATEMENT ON LT. COL. WILKERSON’S REINSTATEMENT AND CALLS ON SEC. HAGEL TO INVESTIGATE WILKERSON’S CONDUCT UNRELATED TO THE AVIANO CASE
Washington DC – Earlier this month, Defense Secretary Chuck Hagel ordered the DOD General Counsel and the Secretary of the Air Force to review the action taken by Lt. Gen. Craig Franklin to overturn the sexual assault conviction of Lt. Col. James Wilkerson as an act of clemency. Secretary Hagel also ordered a review of Article 60 of the Uniform Code of Military Justice (UCMJ) that gives officers who convene courts-martial the ability to dismiss verdicts of court-martial juries. Lt. General Franklin overturned the sexual assault conviction of Lt. Col. Wilkerson, who had been sentenced to a year in prison and dismissed from the armed forces by a jury of officers, without explanation and against the recommendation of his legal counsel. The review has not yet been released, but late Friday evening, Stars & Stripes reported that the Air Force has reassigned Wilkerson to become Chief of Flight Safety at Davis-Monthan Air Force Base in Tucson, Arizona.
After the verdict was set aside – Wilkerson’s supporters began a campaign of misinformation against the victim, prosecutors, judge and jury. Wilkerson’s victim reached out to Protect Our Defenders (POD) for support and representation. POD brought the victim to DC ahead of a Senate hearing on the epidemic of sexual assault in our military to meet with elected leaders. We submitted a statement on her behalf to the Senate hearing.
Congresswoman Jackie Speier (D-San Francisco/San Mateo), Congressman Bruce Braley (D-Iowa), and Congressman Pat Meehan (R-PA) have introduced legislation to strip military commanders of their power to grant clemency and overturn jury verdicts or lessen sentences handed down by judges and juries at courts martial.
Protect Our Defenders President Nancy Parrish released the following statement:
“Officers convicted of sexual assault have no place in our military. They belong in jail, like civilian sex offenders.
Lt. Gen. Franklin’s action, which resulted in Lt. Col. Wilkerson remaining in the Air Force is yet another example that our military’s justice system is fundamentally broken and extremely dysfunctional. Because of Article 60 in the UCMJ, Lt. Gen. Franklin was acting within his legal authority when he unilaterally disapproved the jury’s recommendation and allowed an officer convicted of sexual assault to remain in the Air Force. This is a national embarrassment and that unilateral authority must be curbed.
Lt. Gen Franklin’s actions are a chilling reminder to victims of sexual assault, prosecutors, judges, and jury panels that military leadership often does not take sexual violence seriously.
Commanders should not have the authority to set aside convictions or sentences rendered by judges or juries. Existing appellate courts, staffed by properly trained judges, should solely have that responsibility. It is inappropriate for a commander who is not an attorney or judge to have the authority to overturn a conviction based on his own discretion. The authority to investigate, prosecute, and adjudicate must be taken outside the unit chain of command.
Now is the time for Defense Secretary Hagel and General Welsh to show that they are taking the epidemic of sexual assault in our military seriously. Now is the time to institute real reforms to fix the broken military justice system and change the culture that blames the victims and frequently fails to punish perpetrators.
Senior officers, including General Franklin, must be held accountable for their actions.
Secretary Hagel should order an investigation of Lt. Col. Wilkerson for conduct unbecoming of an officer for other incidents first reported by the New York Times. Wilkerson’s self described intimidation of military police officers and other inappropriate acts provide ample reason for the Air Force to take further legal action against Lt. Col. Wilkerson. Although Lt. Gen. Franklin’s clemency is beyond appeal and is the final action in the Aviano case, it does not preclude further investigation into Lt. Col. Wilkerson’s past behavior.
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Stars & Stripes: Re-instated Air Force pilot Wilkerson assigned to Davis-Monthan
http://www.stripes.com/news/
Statement to Congress from Aviano Victim:
http://www.
Stars & Stripes: Hagel orders review of UCMJ after Wilkerson sex assault case
http://www.stripes.com/news/
Washington Post: Air Force general’s reversal of pilot’s sexual-assault conviction angers lawmakers
http://www.washingtonpost.com/
New York Times: Hagel to Open Review of Sexual Assault Case
http://www.nytimes.com/2013/
Wired Magazine: Air Force’s Accountability for Sexual Assault: Not Promoting Convicted Officer
http://www.wired.com/
NBC News: Civil Rights Commission urged to order audit of military sex-assault cases
http://usnews.nbcnews.com/_
Paula Coughlin-Puopolo’s petition demanding Congress investigates the Lackland sexual assault scandal can be viewed here:
http://www.causes.com/causes/
About Protect Our Defenders: Protect Our Defenders is a human rights organization. We seek to honor, support and give voice to the brave women and men in uniform who have been sexually assaulted while serving their country, and re-victimized by the military adjudication system – a system that often blames the victim and fails to prosecute the perpetrator. Learn more about Protect Our Defenders at www.protectourdefenders.com or on Facebook at http://facebook.com/
Protect Our Defenders partners with Attorney Susan Burke, Burke PLLC to advance lawsuits filed against the DoD and service academies for repeatedly ignoring rape, sexual assault and harassment, failing to prosecute perpetrators and retaliating against the victim.
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