Saturday, January 22, 2011

Tucker Act Lawsuit

I have just sent out a 40,000,000 Tucker Act lawsuit today and am awaiting the docket number from the courts.  This lawsuit is the 2nd of 3 lawsuits that are being filed.  The Government will have 60 days to respond to this one unlike the Tort Claim where they have 6 months to approve or deny the claim. 

Personally, I am hoping they deny both claims.  I want this to go to court so all the documentation I have amassed over the last 3 1/2 years will be made public and everyone will know what Petty Officer Paul Skovranko and his wife Stacey started in June 2004.  I want the public to know the lies that Stacey told a child, if front of a witness mind you, that wrongfully convicted my husband and broke up our family.  I want the public to know what the military has tried to cover up since that conviction.

If Paul and Stacey had told the truth from the beginning, it wouldn't have to gone this far.  Since they refused, I intend on making this issue as public as possible and giving the American public names of all involved.  In the lawsuit, I have named all individuals contacted (most are named on this blog) that were aware of these lies and yet, done nothing about it. 

I have also supplied the court with the documentation showing that Petty Officer Paul Skovranko lied about taking HS to the hospital on the night of June 2, 2004-as he stated to NCIS and the courts. 

I have included the Family Advocacy Program (FAP) run by the DoD where it is clearly stated that at no time since these allegations were brought to NCIS, were they ever contacted, which is required. 

Also included was Randi Hesters' statement to NCIS in June 2004 where she told investigators that she witnessed Stacey tell HS that it was Edwin who did these things to her.  This statement is in the Record of Trial, but never brought up at court and Randi was not allowed to testify because of this statement.  Gloria Ehlers confirmed in an e-mail that Randi didn't testify because she was not going to lie for Paul and Stacey.

Is this not ineffective assistance of counsel Lt. Michael Melocowsky?  As the acting DDC at the time, I'm sure would would know all about this statement since you did not want to call Randi as a witness because of it.  Randi would have been the reasonable doubt that would have thrown a wrench into your stats.  Or how about Prosecutorial Misconduct Major Clay Plummer and Capt John Ellis?

Major Plummers' issues run far deeper than just Prosecutorial Misconduct.  I let the court know that in April 2008 I actually spoke to Major Plummer, at length, about the lies told by Paul and Stacey and information I had at that time about those lies.  Major Plummer assured me that it was his "judicial and legal obligation" to report the frauds to the court and for once he was right.  He is required to report everything under JAGINST 5803.1B yet he did not.  When I brought this to the attention of the Judge Advocate General, it was denied.  I later brought it to the attention to the current Judge Advocate General, Vice Admiral Houck, who also denied any misconduct even though I presented him with all documentation.

Big mistake on Vice Admiral Houck's part.

Vice Admiral Houck is now also included in the lawsuit (as well as everyone else involved from the Commandant of the Marine Corps to the Secretary of the Navy)  for violating Edwin's constitutional rights and for being in violation department directives and orders.  All of which I found on the Judge Advocates' website.  

I have included letters from the DoD IG hotline program director Mr. Leonard Trahan, stating that the DoD IG does not investigate claims of fraud, violations of ethical standards and/or the law.  I guess Mr. Trahan is not familiar with DoDD 5106.1, DoDI 7050.01 or even their mission statement which says that anyone, whether military or civilian, having witnessed any of the above mentioned can report it to the DoD IG under the hotline program.  I wonder, if the hotline program doesn't investigate these claims, what do they do?

I've been fighting for Edwin's freedom and trying to prove his innocence since his conviction.  It's been 3 1/2 years for hell for my family and now it's time for someone to answer for all of this.  These lawsuits are intended to bring out the truth and maybe others who have been wrongfully convicted by the military can use this information as well.

As I have stated before, I will not stop until Edwin is home.  It's not a matter of IF he comes home but WHEN he comes home at this point.  In the beginning I wanted a new trial to prove his innocence and after everything that my family has gone through I now want his release.

Tuesday, January 18, 2011

Tort Claim

I just received notification today, that as of January 11, the Department of the Navy has received my 30,000,000 Tort Claim.  This is the first of 3 lawsuits that have been sent out.  They now have 6 months to either act upon the claim or deny it.  If they choose to deny the claim, I will take this to the courts and let the courts decide the outcome.

I am sure that the Judge Advocate General has recieved the information as well since he is also included in this claim and will also be included in the next lawsuit I file.

Petty Officer Paul and Stacey Skovranko will receive their notification shortly of the substantial lawsuit pending against them as well.

Sunday, January 9, 2011

Side note...

While going through the 2nd of the 3 lawsuits I am filing, I ran across a letter I sent to Major Clay Plummer in April 2008.  Major Plummer was  the assistant prosecutor is Edwin's case and sat to the side while Capt John E. Y. Ellis fumbled through his case.  I forgot about the document I had found in HS' medical record after I wrote to him, and I have failed to mention it on here.

After Edwin's WRONGFUL conviction, Lt Michael Melocowsky-currently working at the Pentagon-gave me a copy of the case file which had all the inconsistencies in the statements from HS, Petty Officer Paul Skovranko and Mrs. Stacey Skovranko.  In the case file I found a document from HS' medical record dated 12/12/03.  The document is from the ER at the Beaufort Naval Hospital, where Petty Officer Paul Skovranko had taken his daughter HS for a 102 temperature and acute pain.

Now the document doesn't state where the pain was located on the child, but it does state that the Beaufort Naval Hospital suspected the child had been sexually assaulted (possibly by the one who took her to the ER??) and they commenced a domestic assault and sexual assault screen.

This raises a red flag for me.  I have taken my children to the ER numerous times, as most parents have.  At no point has there EVER BEEN A SEXUAL ASSAULT SCREEN OR DOMESTIC VIOLENCE SCREEN done on either of my children.  Not once. 

So, why would there be a sexual assault screen and domestic violence screen done on this particular child when her father brought to the ER for pain and a high temp unless they suspected he or his wife of touching HS? 

Mind you, this is months before HS came forward with her allegations stating that "someone" touched her  but refused to give a name and then Stacey told HS it was Edwin who did this to her.  The information is this last paragraph was supplied from Randi Hesters' NCIS statement in June 2004.

This would have been an indicator to NCIS that they may have wanted to look at the family unit first, before accusing an innocent man of this crime.

Since NCIS is incapable of conducting a thorough and impartial investigation, I am not the least bit surprised that this was not flagged for consideration in the document Acquisition of Medical Records.  If NCIS had actually notated this information in any of their records during the course of the investigation, NCIS would have been required to look at Petty Officer Paul Skovranko and his wife Stacey as suspects. 

Admitting that a man, who from articles online, is very active in his community and serves on numerous church boards, was indeed touching his child (and now that she may be too old for him-he could be touching others) would have looked extremely bad for NCIS.

I wonder how they will feel once this is on the local news?  Just some food for thought.....

Tuesday, January 4, 2011

Update on the Lawsuit(s)

Today, I have just sent out the required notification to the Office of the Judge Advocate General that I am going to file a 30,000,000 dollar tort claim against the Department of the Navy for the lies that Petty Officer Paul Skovranko, Mrs. Stacey Skovranko and their daughter HS told NCIS investigators and the courts regarding this alleged sexual assault. 

Included in the claim is the following documentation:

Petty Officer Paul Skovranko NEVER took his child to the Beaufort Naval Hospital as he stated to NCIS and the court, which was confirmed by Lt Adam Burch from the Admin Office during a FOIA request regarding the visit and a FOIA to the Family Advocacy Program.

Mrs. Stacey Skovranko's statements at court where she was impeached by the judge and found to be lying about her testimony with regards to Edwin babysitting her child when this alleged sexual assault took place.

Ms. Gloria Ehlers' ( I believe this is the alias she is using at the moment) statements at trial where 3 years after HS accused her of witnessing this alleged sexual assault and Gloria not having any knowledge of the allegation against her, Ms. Gloria Ehlers stated that HS was lying if she told anyone that she (Gloria) was a witness.  Thereby showing HS for the liar she is.  

NCIS Special Agent Eric Muelenberg admitting at trial that he tampered with evidence and  admitted that when Edwin requested an attorney, Special Agent Muelenberg did not terminate the interview (although the actual statement was "omitted" from the record of trial, the military judge-Major B. E. Kasprzyk-commented on the fact that Edwin requested to terminate the interview but he didn't take Special Agent Muelenberg's statements regarding the continuation of the interview into consideration).

NMCCA Judge Maksym, in his dissent stated that there was a 3 yr delay from the first report and preferral of charges to the actual trial.  This is a direct violation of Edwin's Speedy Trial rights.  Judge Maksym also commented that he believed the child was coached by her parents into saying the things that she told investigators and the court.

The Judge Advocate General, Vice Admiral James W. Houck, the Commandant of the Marine Corps, NCIS IG Robert Mulligan, DOD IG Hotline Director Mr. Leonard Trahan, Lt Gen Thomas D. Waldhauser, Major General Richard P. Mills, Lt Micahel Melocowshy, Major Clay Plummer and Capt John Ellis are also named in the tort claim for their involvement.

The basis of the claim are Damages for an Unjust Conviction, Deprivation of Rights, Loss of Consortium, Vicarious Liability (applying mostly to the heads of the commands and departments that have received notification of the wrongful conviction and still have done nothing about it), Violation(s) of the Sixth Amendment and Fourteenth Amendment Rights, Violations of various DoD, SECNAVINST and JAGINST.

This is the first of 3 lawsuits.