Monday, September 6, 2010

Tony Lombardo, Marine Corps Times

Today while I was looking at the Marine Corps Times online, I found a link asking for "Rule Breakers".   So I wrote to Tony Lombardo at the Marine Corps Times.  Here is a copy of my e-mail.


I saw your article asking for rule breakers in the Marine Corps Times today and thought I would write to you.  I happen to know of several Marines, Naval Personnel and NCIS Agents who break the rules daily.  Although the rules that are being broken in this case, cost and innocent man his freedom.

Major Clay Plummer, Camp Pendleton Naval Legal Services Office, allowed Capt J.E.Y. Ellis to commit fraud on the court.  Major Plummer was made aware of this by myself and my husband's attorney in April/May 2008 and refused to report it through the proper chain of command even though he received the documentation.  This is in direct violation of JAGINST 5803.1C, Art 81, Art 92, Art 133 and Art 134-obstruction of justice.

Paul committed perjury at the trial when he stated that he took his child to the Beaufort Naval Hospital for treatment and was denied treatment.  He stated to NCIS and the court that the "signed her into the ER, they took her vitals, and several hours later-after receiving no treatment-he signed her out and took her home."  The Beaufort Naval Hospital was contacted and stated that Paul and his daughter were never at the hospital in June 2004 as alleged.  This document was submitted to Major Plummer.  Paul is in violation of Art 107, Art 131, and Art 133.

Paul's wife Stacey lied at court as well.  She could not keep her story straight with regards to the allegations of sexual assault and was perjured on the stand.

Their daughter, HS, accused Edwin's ex-wife, the ex-wife's mother Donna and a boy named James of witnessing the alleged sexual assault.  Gloria (the ex-wife) was never questioned until the first day of trial where she told the court that HS was lying.  Also NCIS did not bother to question Donna or James and Special Agent Muelenberg and Special Agent Gauthier stated to the court that all alleged witnesses should have been questioned.  By Paul getting his daughter to falsely accuse an innocent man of sexual assault, Paul is also in violation of Art 134-subordination of perjury.

Special Agent Muleneberg, NCIS Camp Pendleton, admitted to the court that he tampered with the evidence he submitted.  Special Agent Muelenberg stated that he filled in the drawing, got a confession (which was not in writing or on video) and that Edwin did not pass a polygraph.  The polygraph has never been located after repeated attempts.  Edwin did pass a polygraph that was taken by an independent paleographer from the San Diego Police Dept, Mr. Paul Redden.  NCIS also failed to report the allegations to the Family Advocacy Program, which is in violation of DoDD 6400.1.  This isn't the first time that Special Agent Muelenberg and his supervisor Special Agent Art Spafford have been in trouble for their less-than-honest acts while conducting investigations.

I have a laundry list of DoDD, SECNAVINST, NAVMEDCOMINST and BUMED instructions and directives that have been violated.  Some of them are:

DoDD 6400.1/BUMED 6320.40
DoDD 5500.07
DoDI 3210.7
DoDI 5505.3
DoDI 5505.2
DoDD 5525.5
DoDD 5106.01
DoDD 1325.04
DoDI 7050.01

Now I have personally contacted the DODIG Gordon Heddell, NCIS IG Robert Mulligan, DOD Hotline (and received response from Mr. Leonard Trahan), the USMC IG Warren Worth and the Judge Advocate General, Vice Admiral James W. Houck to report these violations.  I have received responses from each one stating that they are not going to do anything about it.

Recently (as of 9/1), I submitted a petition for a new trial to the Judge Advocate General, Vice Admiral James W. Houck.  I advised him that because of the above violations, Edwin's constitutional rights violations, and the half-assed investigation that NCIS did, I was only going to submit this once, as this was a precursory measure being taken before I file a substantial lawsuit with the Federal Claims Court.  My lawsuit will be filed by the end of the month and will name the individuals listed and others that I have received responses from within the Department of the Navy.

My hopes are with filing this lawsuit is that justice is finally served and everyone involved get a big black eye.  Pleading ignorance to the law does not excuse violating the law.

I realize that you do not have freedom of the press, since you are controlled by the Marine Corps, and that this will never make it in your papers but I want people to know that type of organization the Department of the Navy is and to what lengths they will go to hide what they have done.